Litigation

In business and commercial disputes, the firm’s attorneys counsel clients in each step of the dispute resolution process, from early negotiations, to formal settlement conferences and mediation, through evidentiary hearings, trials and appeals. Our attorneys represent clients in the following forums.

  • Superior Court
  • Arizona Appellate Courts
  • Arizona Supreme Court
  • United States Federal District Courts
  • United States Circuit Court of Appeals
  • Bankruptcy Court
  • Bankruptcy Appellate Court
  • Private Binding Arbitration
  • Arbitration under the Arizona Uniform Arbitration Act
  • American Arbitration Association Proceedings
  • Administrative Law Courts Including:
  • Arizona Department of Real Estate
  • Arizona Board of Financial Institutions
  • Arizona Registrar of Contractors
  • Arizona Board of Cosmetology
  • Arizona Department of Environmental Quality
  • Arizona Liquor License and Control Department
  • Arizona Department of Occupational Safety and Health


Commercial

The attorneys at Lake & Cobb are experienced in commercial litigation. Although many disputes are settled at some point in the litigation process, some disputes need to be tried. Our attorneys have handled every phase of the litigation process, from the initial complaint, through arbitrations, bench and jury trials, to appeals.


Construction

Construction litigation takes many forms. The attorneys at Lake & Cobb are experienced in construction collection cases involving Prompt Payment Act claims, lien claims, and breach of contract claims. We represent suppliers, subcontractors, general contractors and owners in these cases. Other cases involve claims of bad workmanship or construction defects. Our attorneys are also experienced in handling these cases, having represented builders and owners in hundreds of Registrar of Contractor matters and civil cases involving claims of bad workmanship.


Insurance Coverage

The attorneys at Lake & Cobb provide insurance coverage investigation, analysis, and coverage litigation. In addition to direct representation on coverage questions, we also provide “Cumis” counsel representation to insureds being represented under reservation of rights. Our coverage work also includes Morris and Damron agreements, declaratory action representation, traditional insurance defense of insureds assigned by carriers, as well as bad faith defense of insurers.


Real Estate

The attorneys at Lake & Cobb represent clients in real estate litigation matters. Our representation ranges from enforcement of purchase and sale agreements, easement disputes, enforcement of commercial leases, zoning disputes, land use, equitable subrogation and replacement to adverse possession, prescriptive easement, and ownership.


Administrative Agency

Many of our clients’ “litigation” needs arise not from the civil courtroom, but from matters in front of the agencies that regulate businesses in Arizona. Our attorneys regularly appear in administrative matters before the Arizona Registrar of Contractors and the Arizona Department of Real Estate. We have also assisted clients in matters before the Liquor License and Control Department, the Arizona Department of Occupational Safety and Health, Board of Cosmetology, Department of Real Estate and Board of Financial Institutions. Our administrative law practice includes defending and prosecuting administrative complaints for our clients, as well as representing license holders accused of having violated administrative agency regulations.


Title Insurance Defense

The attorneys at Lake & Cobb represent insured lenders and property owners whose defense is assigned to our firm by an insurance carrier. From title insurance to directors and officers insurance we defend insureds. Our title insurance practice includes priority, ownership, subrogation, coverage investigation, closing protection letter controversies, property use and restriction, declaratory judgment actions, injunctions of trustee sales, and bad faith defense.