Rick Erickson practices in the areas of construction law, commercial litigation and military law. He maintains the highest client and peer rating (5.0) as an AV® Preeminent™ attorney on Lexis‐Nexis® Martindale‐Hubbell® (2012-2021). He served for eight years on the Executive Council of his State Bar practice section and was Chair-Elect from 2013-2014. Rick was inducted as an American Bar Foundation Fellow in 2016 and is continually recognized in Best Lawyers in America® Construction Law (2015-2021). Rick is further distinguished for his exceptional presentations and seminars to national and international audiences such as London Build, National Business Institute and Associated General Contractors of America.
Rick is also a decorated Colonel in the U.S. Marine Corps now in his thirtieth year of active and reserve service. He has deployed multiple times as both an infantry officer and judge advocate and has been published on topics of cyberwarfare, counterinsurgency and national security law. Rick is actively involved in the community, contributing as a leader, board member and volunteer for several local and national service and veteran organizations, including U.S.VETS, U.S. Global Leadership Coalition and Arizona Corporate Council on Veteran Careers.
Construction Law
Represented global engineering and construction firm on $300 million solar project
Bench trial for commercial owner pursuing delay and consequential damages
Drafted and negotiated subcontract agreements for $1.9 billion P3 project
Pursued $30 million performance bond claim on state transportation project
Contracts and litigation counsel for developer of luxury destination resorts
Handled final payment dispute for national franchise on new restaurant project
Represented lender on HUD project against declaratory relief claims by surety
Special action against municipality unlawfully withholding construction permits
Jury trial for architect pursuing $1 million indemnity claim against subconsultant
Contested licensing citation and $600,000 fine against national drilling contractor
Helped contractor with $2 million breach of contract claim by materials supplier
Arbitrated professional negligence claims in defense of national design firm
Negotiated construction agreements and general conditions for $40 million project
Defended national homebuilder against negligent construction claims in wrongful death case
Complex litigation and foreclosure of $4 million lien claim by prime contractor
Represented Fortune 100 owner in case arising from subcontractor's mistaken bid
Litigated pass-through and indemnity claims for international construction manager
Charter school's counsel for licensing complaint and hearing against general contractor
Defended architect of record against claims arising from construction site administration
Updated construction management at risk and subcontract agreements for prime contractor
Special action, injunctive relief and trial of $20 million bid protest for general contractor
Settled $2.7 million fire loss claim and subrogation agreement for custom homebuilder
Mediated resolution of $3 million final payment claim for builder of luxury condominiums
Pursued general contractor's $1 million performance bond claim against the surety
Negotiated bond takeover agreement for prime contractor on large public project
Represented structural engineer and his national design firm in roof collapse case
Pursued resort owner-developer's claims in dispute over prompt payment and overbilling
Sought $1 million in change order damages for contractor claiming unforeseen site conditions
Assisted prime contractor with equitable adjustment claim on large public project
Represented heavy equipment contractor in lease dispute with its landlord
Counsel for subcontractor pursuing wrongful termination claim against the general contractor
General Civil Litigation
Trial team for Fortune 500 homebuilder awarded $111 million verdict against former executive
Defended franchise restaurant in wrongful death case involving liquor service liability
Defended major insurer against bad faith claims arising from denial of business coverage
Argued jurisdictional dispute for corporate client before the Arizona Court of Appeals
Handled collections case in federal court for multinational firearms dealer
Jury trial for corporate client pursuing non-compete claims against former software engineer
Litigated contract claims of realtor association against its software development contractor
Jury trial for joint venture partner accused of fraud and breaching fiduciary duties
Pursued collection of corporate client's seven-figure judgment against foreign and U.S. assets
Directed hearing for provisional remedies against controller who embezzled corporate funds
Handled administrative hearing for office supply company contesting award of state contract
Negotiated resolution of code of conduct violation for Division 1 scholarship athlete
Litigated property title dispute for sixty-year-old Episcopal parish against its Diocese
Administrative appeal of student-athlete contesting ineligibility from his high school transfer
Military Law
Advised public utility concerning potential liabilities from deadly force defense of its nuclear facility
Drafted and negotiated use agreements for military base facilities and training areas
Assisted large defense contractor with evaluation of government contract provisions
Advised Fortune 500 employer concerning rights under Service Members Civil Relief Act
Chief advisor on detainee collection points and holding facilities in Anbar Province, Iraq
Primary rules of engagement training officer for Operation Iraqi Freedom 06-07
Authored rules for the use of deadly force during post 9/11 military operations in the U.S.
Advised combatant command on ethics regulations during defense contractor conference
Drafted point papers for Joint Staff on civil-military relations and domestic operational law
Issued legal opinions on policy provisions affecting criminal tribunals of terrorist detainees
Presided as Investigating Officer in capital case referred to General Court Martial
Defense counsel for senior military officer accused of compromising classified information
Rick Erickson is a leading partner in the firm’s construction litigation practice group, which is rated nationally as Tier 1 by U.S. News-Best Lawyers® (2020). Rick represents owners, developers, contractors, subcontractors and design professionals in state and federal courts, mediation, arbitration and administrative tribunals. Rick also uses his litigation and trial experience to help our clients in negotiating and drafting construction agreements, general conditions and corresponding project documents. He served on the Arizona State Bar Construction Section Executive Council from 2007-2015 and was Chair-Elect from 2013-2014. Rick speaks and writes frequently on construction law topics nationwide and was recognized by JD Supra® in 2018 for one of its most read blogs.
Rick Erickson has broad and significant background in commercial litigation, including his trial experience in defense of our corporate clients in a number of areas including personal injury and wrongful death, professional negligence, insurance bad faith and breach of contract.
As a senior officer and certified judge advocate with twenty-nine years of active and reserve service in the U.S. Marine Corps, Rick Erickson presently serves as a military liaison to FEMA for emergencies impacting Region IX (Arizona, California and Nevada). Rick also has an active Top Secret SCI security clearance. In 2017, he concluded his judicial appointment on the Arizona Court of Military Appeals, where he presided in National Guard appeals subject to review by the Arizona Supreme Court. Rick relies on his experience in military law and operations to advise the firm's clients in a number of complex areas including national security and international law, reservist reemployment rights, discovery of military records and protection of classified information.
University of the Pacific (J.D., Certificate in Governmental Affairs, 1998)
University of Arizona (B.S., Political Science, 1990)
U.S. Joint Forces Staff College, Joint & Combined Warfighting School (2016)
U.S. Naval War College (Strategy and War, 2012; National Security Decision Making, 2008)
U.S. Marine Corps Command & Staff College (2005)
U.S. Naval Justice School (Military & Operational Law, 2002)
“When Do Contract Terms Flow-Down to Subcontractors,” Presenter, Arizona State Bar (2015)
"Is OSHA Exoneration and Workers Compensation Immunity Enough to Protect you from Tort Liability and Indemnity Claims?" Presenter, Associated General Contractors of America, 96th Annual Convention, San Juan, PR (2015)
"Embracing the Future of Construction," Panel Chair, Arizona State Bar Convention President’s Award (2014)
