Bonnett Fairbourn Friedman & Balint, P.C.

Jerry Bonnett practices commercial and construction law, litigation and dispute resolution. He has been a member of the State Bar of Arizona since 1973 and the Colorado Bar Association since 1997. He has represented a wide range of clients, including Fortune 500 companies, regional enterprises, non-profit organizations, professionals and other individuals. In addition to rendering advice on general corporate and business law matters, he has handled a large variety of claims and disputes – through mediation, arbitration and litigation in state and federal courts and before administrative agencies. He has wide experience in resolving, through trial or otherwise, disputes arising out of the antitrust laws, contracting and construction law, securities laws, the Uniform Commercial Code, franchising law, professional liability law (for architects/engineers, lawyers, real estate brokers and investment advisors), and general business tort law.

Mr. Bonnett is a member of the American Bar Association (Construction, Litigation and Dispute Resolution Sections); State Bar of Arizona; Colorado Bar Association; Maricopa County Bar Association; and Southwestern Colorado Bar Association. He is admitted to practice before all state and federal courts in Arizona and Colorado as well as the United States Supreme Court, the United States Courts of Appeals for the Seventh, Eighth, Ninth and Tenth Circuits, and the United States Tax Court. He has also been admitted on a pro hac vice basis in the Superior Court of Los Angeles County, California.

Mr. Bonnett received a B.S. degree in engineering, with highest honors, from the University of Illinois in 1969. He received a Juris Doctor degree, magna cum laude, from Arizona State University Law School in 1973, where he was Articles Editor of the Arizona State Law Journal. In 1973 and 1974, he was a teaching fellow at the University of Illinois College of Law and was awarded an LL.M. degree from that university in 1974.

Mr. Bonnett has published several articles in legal periodicals, such as the Arizona State University Law Journal and the Arizona Bar Journal. He has served from time to time, by invitation, as a Judge Pro Tem of Division One of the Arizona Court of Appeals. He has also served as an arbitrator and as a mediator at the request of parties to construction disputes. Mr. Bonnett is a founding member of Bonnett, Fairbourn, Friedman & Balint. Before then, he practiced with a large Phoenix law firm for ten and a half years and was a partner in that firm. He is an instrument-rated pilot and flies his own airplane to service clients throughout Arizona and Colorado.

Mr. Bonnett has been a member of The American Law Institute since 1992. The American Law Institute’s membership consists of judges, practicing lawyers, and legal scholars from all areas of the United States as well as some foreign countries, selected on the basis of professional achievement and demonstrated interest in the improvement of the law.

Mr. Bonnett has also been designated one of Arizona’s Finest Lawyers, a web-based organization that invites lawyers to join based upon strict and objective criteria determined by Commissions within each practice area. The Executive Director of Arizona’s Finest Lawyers is a former Chief Justice of the Arizona Supreme Court.

Mr. Bonnett was selected a Super Lawyer of the Southwest in 2009. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

Neither The American Law Institute, nor Arizona’s Finest Lawyers, nor Super Lawyers is affiliated with, or regulated by, the Arizona or Colorado Bar Associations.

The ultimate resolution of legal issues is highly dependent upon the unique factual circumstances and legal issues involved; however, examples of legal services rendered by Mr. Bonnett include:

representation of plaintiff in five-week jury trial against real estate brokers in Arizona Superior Court for fraud and civil racketeering resulting in plaintiff’s verdict and award of treble damages and attorneys’ fees.

representation of national engineering firm sued for professional negligence in design and construction management of coal-fired electric generating plant in southern Arizona resulting in summary judgment of dismissal by federal District Court.

representation of farm equipment manufacturer against major financial institution in dispute over secured lender priority in dealer’s inventory, resulting in summary judgment for client and award of damages against bank, affirmed on appeal.

representation of national hospitality chain in litigation in various states concerning franchising and trademark/service mark issues.

representation of Canadian and Kuwaiti corporate jet distributors against United States corporate jet manufacturer for breach of sale contracts and other claims arising from failure of aircraft to perform as represented, resulting in several million dollar recovery.

representation of national engineering firm alleged to have participated in multi-million dollar securities fraud in connection with the issuance of sewer collection and treatment system bonds, resulting in judgment of dismissal by federal District Court and settlement of related lawsuit in mediation.

representation of steel fabrication and supply company and its owner against competitor and former employer, resulting in dismissal of civil racketeering and related claims against clients and ultimate settlement and property division.

representation of Arizona estate tax lawyer sued for malpractice and breach of ethics and fiduciary duty, with counterclaim for $1.6 million fee owed, resulting in arbitration award dismissing plaintiff’s claims and awarding the lawyer his $1.6 million fee.

Represented same lawyer in claim against his insurer for bad faith refusal to defend, resulting in settlement recovering those costs and fees.

representation of Colorado engineering firm in malpractice case involving commercial building in Telluride, Colorado, resulting in dismissal of the owner’s claims under the Economic Loss Doctrine and settlement of the architect’s third-party claim in mediation.

representation of insurance broker in civil litigation in which he was accused of aiding and abetting a felon (former insurance company executive) to avoid repayment of more than $1 million to a major financial institution, resulting in (a) arbitration award forcing client’s former employer to defend and indemnify him and (b) minimal settlement (funded by client’s former employer) after favorable ruling by United States District Court in principal action.

representation of owners of major league sports franchise against land developer and Arizona municipality in litigation over land acquisition for stadium facility resulting in mediation followed by favorable settlement.

representation of owners/developers of well-known fine dining restaurant chain in Arizona and California in litigation in Los Angeles brought by investor seeking multi-million dollar recovery, which claims were settled in mediation to client’s satisfaction.

representation of co-owner of plumbing and HVAC businesses in various states in litigation against partners and co-owners for breach of fiduciary duty and misappropriation of business opportunities, resulting in favorable mediated settlement after denial of the defendants’ multiple motions for summary judgment.

representation of engineering and surveying firm in trial and appellate courts resulting in Arizona Supreme Court opinion upholding the enforceability of limitation of liability clauses in professional service contracts. See 1800 Ocotillo, LLC v. The WLB Group, Inc., 196 P.2d 222 (Ariz. 2008).

served as arbitrator of construction dispute between developer and grading/drainage contractor in multi-week arbitration hearing in Phoenix and Prescott, Arizona.

participated as counsel or mediator in numerous mediations of construction claims brought against construction and design professionals and construction defect actions.

serves as general counsel to major Phoenix law firm with respect to professional responsibility and negligence claims or allegations.