Josh Grabel's practice is concentrated in construction litigation, public procurement law, class action defense and other complex commercial matters. He represents clients in federal courts, state courts, before local, state and federal agencies, and at private mediations and arbitrations. Josh's experience includes representation of owners, developers, general contractors, subcontractors, suppliers, design professionals, insurance companies and lenders in litigation, negotiations, arbitration, and mediation matters involving public and private projects. These include matters related to payment and performance disputes, bond claims, Arizona lien law, construction defects and related matters. He has substantial experience in public bid procedures, bid protests, contract administration, preparation of construction claims, calculation and proof of damages, surety rights, lien and bond claims, licensing and registration requirements, architect and engineer liability, administrative law, insurance risk and coverage matters, and bankruptcy.
Additionally, Josh has successfully defended clients who have been sued by parties seeking to certify state and national class actions, each time obtaining positive results for clients in some of the most challenging jurisdictions for defendants in the United States.
Representative Experience
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Significant Representations
- Served as lead counsel in successfully represented non-profit organization during administrative proceeding, appeal, and trial in multi-million dollar claim against State of Arizona related to breach of contract and constitutional claims.
- Represented numerous owners, general contractors, subcontractors, material suppliers and insurance/surety companies, with regard to payment and performance disputes, including matters related to bond claims and/or Arizona lien law.
- Multiple representations of clients related to public procurement decisions before various local, state and federal agencies. Repeatedly had initial decisions of public bodies that were adverse to clients reconsidered or reversed upon review.
- Substantial experience in public bid procedures, bid protests, contract administration, preparation of construction claims, calculation and proof of damages, surety rights, lien and bond claims, licensing and registration requirements, architect and engineer liability, registrar of contractor's disputes, administrative law issues, legislation, insurance risks and coverage, and bankruptcy matters.
- Successfully defended multiple state and federal class action claims brought against insurers and manufacturers in state and federal courts in Arizona, California, Florida, New Mexico and Illinois. Worked with in-house counsel to manage resources and provide effective services. Cases have included claims of common law and statutory fraud, false advertising, breach of contract and bad faith.
- Successfully prosecuted claims under Arizona Prompt Payment Act, obtaining award of all damages, interest, fees and costs in defeating construction defect counterclaim on motion.
- Successfully defended large multinational corporation in a claim for damages related to alleged fraud, delay damages and construction defects in the construction of a microchip fabrication facility in China.
Education
- Georgetown University Law Center (J.D., cum laude, 1997)
- Senior Editor, Georgetown Immigration Law Journal; Dean's List
- University of Arizona (B.A., 1994)
Court Admissions
- Supreme Court of Arizona
- Supreme Court of New Mexico
- United States District Court, District of Arizona
- United States District Court, District of New Mexico
- United States Court of Appeals, Ninth Circuit
Professional Memberships & Activities
- State Bar of Arizona
- State Bar of New Mexico
- American Bar Association
- Arizona Contractors Association, Corporate Counsel (2010)
- Maricopa County Bar Association, Young Lawyers Division (1997-2002)
- Horace Rumpole Inn of Court (2000-2006)
- Arizona Hugh O'Brian Youth Foundation, Inc., Board of Directors (1998-2003); President (2004-present)
- Arizona Town Hall, Member (2000-present)
Representative Presentations & Publications
- Payment and Performance Issues for Public Sector Contracts, Presenter, Arizona Fire District Association (July 8, 2011)
- Contracting for Integrated Project Delivery, Co-Presenter, The Arizona Contractor Association, Inc. (May 17, 2011)
- It’s the Economy: Completing Distressed Projects, Faculty, Co-Author and Faculty, Arizona State Bar Annual Convention (June 17, 2011)
- Mechanic's Lien Requirements, Co-Presenter, REEF Group, Snell & Wilmer (June 22, 2011)
- 3 Trouble Spots For Government Contractors, Author, Law360 (January 27, 2011)
- Trends in Federal Contracting: Federal Government Cracks Down on Improper and Fraudulent Conduct by Contractors, Author, Snell & Wilmer Under Construction Newsletter (December 2010)
- Partnering with a Purpose: How to Get the Edge on Public Construction Projects, Presenter, Snell & Wilmer (March 2010)
- Building Green and the Consensus Docs-Issues Raised, and Addressed, by the Proposed "Green" Addendum, Author, Snell & Wilmer Under Construction Newsletter (February 2010)
- The CityNorth Decision, the Arizona Gift Clause, and Economic Incentive Agreements/Private Public Partnerships, Author, Snell & Wilmer Legal Alert (February 2010)
- Strategies for Managing Risk Reducing Defects and Avoiding Failures in Construction-Arizona Law of Construction Defects & Failures, Presenter, Half Moon Services (January 2010)
- Stop Notices and Prejudgment Remedies in Arizona, Presenter, Valley of the Sun Chapter of the Construction Financial Manager's Association (January 2010)
- Arizona Residential Contractors Must Make Good On Recovery Fund Payouts Regardless of State's Delay in Bringing a Subrogation Action, Author, Snell & Wilmer Under Construction Newsletter (November 2009)
- Price Matters-Arizona's CM At-Risk Contracts Now Permit Price to Be Considered by Procurement Officials for Federal Stimulus Projects, Author, Snell & Wilmer Under Construction Newsletter (November 2009)
- Dos and Dont's for Public Bidding and Bid Protests, Author, Snell & Wilmer Under Construction Newsletter (August 2009)
- Payment Collections in the Construction Industry-Protecting Your Rights During a Down Economy, Presenter, Arizona Contractors Association (March 2009)
- Methods of Payment Collection for Design Professionals, Presenter, Arizona Design Professionals Association (September 2008)
- Risk Allocation, Indemnity Clauses in Construction Contracts, Presenter, Arizona Builders' Alliance Roundtable (June 26, 2007)
- Constructing Your Contract-The Art of Papering Your Project, Presenter, Construction Management Association of Arizona (March 2011); Presenter, Arizona Contractors Association (2009); Lorman Educational Services Newsletter (July 2006); Author, Snell & Wilmer Under Construction Newsletter (March 2006); Presenter, Snell & Wilmer (December 2005)
- Arbitration Provisions-Enforceability and Impact, Co-Author, Snell & Wilmer Under Construction Newsletter (March 2006)
- Errors and Omissions Insurance: Know How to Protect Yourself, Author, Presentation to Accessible Media Industry Coalition (May 2006)
- Brave New World: 2005 Class Action Fairness Act Fundamentally Changes Class Action Law Too Good to be True? Co-Author, American Arbitration Association Forum on Class Actions (September 2005)
- Construction Manager at Risk: Recent Changes to Arizona Law, Author, Snell & Wilmer Under Construction Newsletter (July 2005)
- Construction Collection Smorgasbord – Liens, Bonds, Arizona Prompt Pay and Stop Notices, Author, Snell & Wilmer Under Construction Newsletter (July 2005)
Professional Recognition & Awards
- Arizona's Finest Lawyers (2011)
Other Professional Experience
- Lewis and Roca LLP, Associate
- Honorable Sheldon H. Weisberg, Arizona Court of Appeals, Clerk
- Office of the Special Counsel, The White House, Legal Intern
