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1095 W Rio Salado
Ste 206
Tempe, AZ 85281
Tel. 602.523.3000
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Joel E. Sannes
Representing Plaintiffs and Defendants in commercial and civil litigation in state and federal trial courts and courts of appeal in Arizona, and providing general counsel and advice to businesses and individuals in Arizona for over 15 years.
[+] Commercial Litigation
Mr. Sannes’ commercial litigation experience is diverse. He has represented clients in real estate and construction matters, in administrative and licensing hearings with state agencies, and in litigation of commercial cases inside bankruptcy proceedings. He has represented clients in will contests, guardianship and conservatorship proceedings, probate and trust disputes, valuation issues in divorce proceedings, partners in partnership and corporate dissolutions, and technology companies in contract and intellectual property disputes. He occasionally represents plaintiffs in personal injury matters as well. Although Mr. Sannes handles large and complex cases, he also frequently represents clients in smaller commercial disputes where his clients depend on him to balance the need for thorough preparation with the need to maintain a litigation budget that reflects the amount in controversy. The connecting thread in Mr. Sannes’ litigation experience is his ability to communicate a client’s position verbally and in writing, a skill he started developing at a young age as a high school and then a nationally competitive collegiate debater at Arizona State University. Many of his clients have returned to him year after year to represent them in their civil and commercial disputes.
[+] Representative Litigation History
- April 2012: Favorable office of administrative hearing ruling for client general contractor recommending dismissal of Registrar of Contractor complaint against contractor, holding that owners' failure to pay undisputed sums on contract allowed contractor to stop work under the Prompt Pay Act.
- March 2012: With associate Kiel Berry, obtained a reversal on appeal on the question of whether the opposing party “anticipatorily repudiated” a contract by terminating the contract without first giving our client the opportunity to cure an alleged breach, published as Thomas v. Montelucia Villas, LLC, 1 CA-CV 10-0761 (March 27, 2012).
- March 2012: With associate Kiel Berry, obtained summary judgment for bank client on theory that it was equitably subordinated to a “first position” deed of trust when it paid off the original first-position lender
- February 2012: Defended plumbing infrastructure contractor obtaining dismissal of Registrar of Contractor’s complaint after evidentiary hearing before Office of Administrative Hearings
- December 2011: With partner Kris Bailey, obtained injunction for business preventing former partner from locking business out of property where business was operating
- March 2011: Favorable settlement of multi-year litigation including bankruptcy non-dischargeability order in case involving conversion of client funds
- March 2011: Bench trial award in favor of defendant client against plaintiff on plaintiff’s request for provisional remedy in excess of $400,000
- February 2011: With partner Kris Bailey and associate Kiel Berry representing subcontractor lien claimant, defeated title insurer motion to dismiss, court held on motion to dismiss that client is entitled to bring lien claim against private party that has leasehold interest on tribal land
- February 2011: Representing subcontractor lien claimant, obtained favorable settlement for client on Tempe Centerpoint condominium project after being part of group of lien claimants that successfully avoided summary judgment motion that lien claimants do not have priority over lender
- September 2010: With partner Joseph Glenn jury verdict for client against homeowners’ association for $777,000 in damages, with trial court order for injunctive relief, plus award for fees and costs
- August 2010: Administrative Law Judge award in favor of subcontractor client against general contractor defendant for failing to pay moneys owed on subcontract
- February 2010: Part of successful appellate team in Arizona Tile v. Berger, published court of appeals decision holding owners of contracting companies personally liable for diversion of funds on owner-occupied construction projects
- October 2009: Office of Administrative Hearings award for contractor client against former employee and qualifying party on claims contractor client improperly used employee’s name as qualifying party and contracted outside scope of work
- October 2009: Office of Administrative Hearings award for contractor against homeowner alleging contractor performed defective work on residential remodeling project
- September 2009: Office of Administrative Hearings award for client general contractor against home buyer on buyer’s claim that contractor was liable for expansive soils conditions that caused structural and cosmetic damage to home
- September 2008: Favorable settlement before trial representing client homeowner against defendant contractor where client alleged contractor deviated from plans and specifications leaving multi-million dollar lusxury home subject to potentially catastrophic structural damage because of under-engineered foundation and retaining walls
- July 2008: Favorable settlement before trial for plaintiff client in will contest
- July 2008: Successfully obtained reversal of Registrar of Contractor discipline against contractor client through bankruptcy planning
- May 2008 : Office of Administrative Hearings award in favor of client general contractor and developer against consumer that alleged client committed fraud in sale of spec home to consumer
- January 2008: Obtained court order after evidentiary hearing in Maricopa County Superior Court that general contractor’s mechanics’ lien placed against residence was invalid because it was materially overstated
- December 2007: Private arbitration award for concrete subcontractor client against general contractor on ADOT project, total award of $117,422
- September 2007: Rule arbitration award of $20,000 for client general contractor versus homeowner
- July 2007: Co-Counsel in Maricopa County Superior Court, jury verdict in favor of client against real estate developer for breach of contract, breach of fiduciary duty and conversion, jury verdict of $3,154,382 compensatory damages and $1,261,753 in punitive damages, and total judgment of in excess of $4.6 million
- May 2007: Order of specific performance for conveyance of real estate in favor of client, buyer of real estate, against seller after bench trial in Maricopa County Superior Court
- May 2007: Order by Maricopa County Superior Court in favor of client, a general contractor, against the Arizona Registrar of Contractors, holding that the Registrar improperly revoked contractor’s license, with award of attorneys’ fees and costs for client against the Registrar
- April 2007: Jury verdict of $75,000 for minor injured when she was kicked by a horse
- March 2007: Registrar of Contractor award of $4,000 after administrative hearing, in favor of clients, homeowners, who alleged they were defrauded by insulation installation contractor promising savings from insulation system
- November 2006: Jury verdict in Maricopa Superior Court in favor of client, residential general contractor, against homeowners, total of $443,093 judgment for client for unpaid fees, Arizona Prompt Payment Act interest, attorneys’ fees and costs
- September 2006: Successful defense of client in Arizona Liquor License and Control Board administrative hearing against liquor license revocation where the Administrative Law Judge not only found against the Department of Liquor License and Control on all counts but also awarded the client its attorneys’ fees and costs finding that the Department’s action was not substantially justified
- March 2006: Co-Counsel in Maricopa County Superior Court, jury verdict in favor of client against attorney for professional negligence, total jury verdict of $720,000 and total judgment of in excess of $1.14 million after pre-judgment interest and costs
- March 2006: Rule arbitration award in favor of general contractor against subcontractor for subcontractor’s failure to install doors correctly in residential remodeling project, $15,566 for costs of repairing doors and flood damage, plus costs and fees
- January 2006: Successful appeal to Arizona Court of Appeals reversing trial court and Maricopa County Planning & Zoning decision that revoked client’s permit to build cell tower facilities
- November 2005: Condemnation award of $279,721.00 in favor of client, whose lease was condemned by Maricopa County, after bench trial in Maricopa County Superior Court
- December 2004: Jury verdict and final judgment totaling $597,708 in Maricopa County Superior Court, entered in favor of client, a software and programming developer, for breach of contract
- July 2004: Rule arbitration award for general contractor against homeowner for failure to pay $20,781 for home remodel
- March 2004: Summary judgment dismissing general contractor’s claim for liquidated damages against landscape subcontractor on public works project
- January 2004: Arbitration award of $697,843 in 3-member A.A.A. Arbitration, in favor of client, heavy-construction highway paving subcontractor, against general contractor for violation of ADOT prompt payment act, and also for substantial damages for project delay by general contractor
- February 2003: California superior court, Los Angeles County, summary judgment granted to client exonerating client, a national steel fabrication and erection subcontractor, for liability for costly “bust” in location of steel farming for multi-level theater
- November 2002: Arizona federal district court, summary judgment granted to client in wrongful death case alleging client, a national engineering firm, negligently designed a freeway on-ramp
[+] Personal and Business Counsel
Over 15 years of daily practice in litigation has given Mr. Sannes an insight into what individuals and businesses need in their planning and transactions to avoid costly disputes. He represents clients in negotiating real estate and construction contracts, covenants not to compete and trade secret agreements, and intellectual property protection. Because of his involvement in the community and his years in Arizona, he can give general counsel on Arizona law and when it is necessary to refer clients to attorneys with more specialized experience, he and the other attorneys at Lake & Cobb are able to direct clients toward the appropriate professional to assist them.
[+] Professional and Community Involvement
- Volunteer policy debate coach for local charter high school
- Navajo Nation Courts pro bono appointments in child guardianship and conservatorship cases
- YMCA Flag Football Coach
- Board of Directors, Valley Unitarian Universalist Congregation, 2005 to 2010, President, 2006-07
- Valley of the Sun YMCA, Mesa Family of the Year, 2007; Mesa YMCA Board Member, 2010 to Present
- State Bar Committee on Minorities and Women in the Law, 1998-2005, Chairperson of Committee, 2003-04l
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Practice Areas
-Commercial Litigation
-General Business and Personal Counsel
Court Admissions
-Arizona
Professional Memberships
-Construction Law Section, Arizona State Bar
-Arizona's Finest Lawyers, Sustaining Member
Honors and Awards
-Clerk to the Hon. Jefferson L. Lankford, Judge, Arizona State Court of Appeals, Division One, Phoenix, Arizona, 1995-96
-Clerk to the Hon. H. Russel Holland, Chief Judge, United States District Court, District of Alaska, Anchorage, Alaska, 1994-95
Education
-Arizona State University, B.A. 1990, National Debate Tournament and Cross Examination Debate Association competitor, 1986-90
-University of the Pacific, McGeorge School of Law, J.D., 1994, Order of the Coif, Assistant Editor, McGeorge Law Review
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