Jim Sienicki's practice involves construction contract preparation, construction law representation and litigation, procurement law and bid protests, general commercial litigation, creditors' rights and other litigation, alternative dispute resolution and appellate matters. Jim was the head of the firm's construction practice group for over 15 years, and the firm’s construction litigation practice has been recognized as a National Tier 1 practice for the past six years by U.S. News and World Report/Best Lawyers. Jim has been named to Best Lawyers in America® 2003-2018 in the area of Construction Law and Litigation. The Best Lawyers in America® also named Jim Phoenix Lawyer of the Year, Construction Law, in 2013 and Phoenix Lawyer of the Year, Construction Litigation in 2018.
Construction Law Representation
Since 1983, Jim has represented owners, developers, general contractors, subcontractors, suppliers, design professionals, and lenders in litigation, negotiations, arbitration, and mediation matters involving public and private projects. He has 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 Contractors' disputes, personal injury litigation, administrative law issues, legislation, insurance risks and coverage, and bankruptcy matters. Jim's practice includes preparation of construction contracts, architect agreements, and consultant agreements for multimillion-dollar projects, and purchase orders, subcontracts, joint check agreements, and other construction documents.
General Commercial, Creditors' Rights & Other Litigation
Jim works with clients regarding creditors' rights, UCC, bankruptcy, contract, lease, personal injury defense, and aviation litigation. This involves representation of secured and unsecured creditors, including banks, lending institutions, construction material suppliers, pharmaceutical companies, hotel industry clients, and various other clients regarding creditors' rights and remedies (from the demand letter stage through collection of judgment and bankruptcy). He has experience in promissory note, open account, Uniform Commercial Code foreclosure and real property foreclosure litigation, domestication of foreign judgments and collection thereof, mechanics' lien and bond claim litigation, and prejudgment writs of replevin, garnishment and attachment litigation.
Alternative Dispute Resolution (ADR)
Arbitrator, Panel Member, American Arbitration Association (AAA) (1996-present), Advanced AAA Arbitration Training (2001), Annual Arbitrator Update (2002-Present), Prior Panel Member, United States Arbitration and Mediation of Arizona, Nevada and New Mexico, State Bar of Arizona ADR Section. Jim is experienced in arbitration and mediation of construction disputes.
University of Kansas (J.D., 1983)
Order of the Coif
Managing Editor, Kansas Law Review
Central Michigan University (M.A., Business Management, 1977)
U.S. Air Force Academy, Colorado Springs, Colorado (B.S., 1974)
Earned private pilot's license
State Bar of Arizona
ADR, Construction Law and Trial Practice Sections
American Bar Association
Forum on the Construction Industry
Public Contract Law, Tort and Insurance Practice, ADR and Litigation Sections
Maricopa County Bar Association
Frequent seminar speaker on various construction-related topics and creditors' rights issues
American Arbitration Association, Arbitrator
Alliance for Construction Excellence
American Subcontractors Association, Board of Directors (2007-2009, 2011-2013)
"Violations of Due Process Issue in Holder Construction v. Arizona Board of Regents," Co-Presenter, Mock Appellate Argument, State Bar Construction Law Section (March 2016)
"How to Negotiate Retainage," Co-Author, The Contractor's Compass (May 2015)
"The Art of Documenting Your Project in Today's Technological World," Co-Author, The Contractor's Compass (April 2015)
"Is American Continental Life Ins. Co. v. Ranier Const. Co., Inc., 125 Ariz. 53, 607 P.2d 372 (1980), Still Good Law?," Presenter, Mock Appellate Argument, State Bar Construction Law Section (April 2015)
"In 2015, If You Occupy It, You Must Pay for It," Co-Presenter, Mock Appellate Argument, State Bar Construction Law Section (April 2015)