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PRACTICE AREAS
Construction Litigation
Probate and Fiduciary Litigation
Mr. Robert Dyer has more than 30 years' experience and is the head of the Phoenix Construction Practice. He has litigated construction matters in Arizona State and Federal courts, before the American Arbitration Association, and participated in a wide variety of administrative hearings. His litigation experience includes not only numerous jury and bench trials, but also extensive mediation and other forms of alternative dispute resolution. His probate practice focuses on extensive will contest and surcharge litigation.
Mr. Dyer serves general contractors, owners and others in the construction industry, as well as probate and commercial litigants.
Mr. Dyer does extensive writing and speaking on construction law, serving as editor of the Arizona Construction Law Practice Manual, published by the State Bar of Arizona.
COMMUNITY AND BAR INVOLVEMENT
State Bar of Arizona
Former Chairman of the Construction Law Section
American Bar Association
Vice Chair of the Fidelity and Surety Committee of the Tort & Insurance
Practice Section
Forum Committee on the Construction Industry
Construction Financial Management Association, Valley of the Sun Chapter
Member of the Board of Directors
The Arizona Builders Alliance
The Arizona Surety Association
NOTABLE EXPERIENCE
Published appellate decisions, in which Mr. Dyer was lead counsel, involved constitutional challenges of the ADR provisions of Arizona�s Procurement Code and the Arizona-Contractors� Preference Statutes, as well as several significant construction and bonding issues, including the following:R. L. Augustine Constr. Co. v. Peoria Unified Sch. Dist., 183 Ariz. 393 (Ariz. App. 1995); 188 Ariz. 368, 936 P.2d 554 (1997). Landmark decision finding Arizona Procurement Code unconstitutional.
Pioneer Roofing Co. v. Mardian Constr. Co., 152 Ariz. 455, 733 P.2d 652 (Ariz. App. 1986). Frequently cited opinion with respect to award of attorneys� fees in multi-party litigation; waiver of contract notice requirements.
Garvin v. Greenbank, 856 F.2d 1392 (9th Cir. 1988). Frequently cited opinion with respect to securities fraud as predicate act to civil racketeering.
Weitekamp v. Fireman�s Fund Ins. Co., 147 Ariz. 274, 709 P.2d 908 (Ariz. App. 1985). Frequently cited opinion as to right of surety to settle claims prior to court action.
Western Sun Constr. Co. v. Superior Court of Arizona, 159 Ariz. 223, 766 P.2d 96 (Ariz. App. 1988). Frequently cited opinion to the effect that a special action to the Court of Appeals is proper way to appeal a ruling of Superior Court on a special action challenging bid award.
PUBLICATIONS AND PRESENTATIONS
October 2008
Public Contracts and Procurement Regulations in Arizona
Lorman Education Services
Presentation given in Phoenix, Arizona. Mr. Dyer presented on Awarding the Contract Bid, Bid Mistakes, Bid Protests and Bid Litigation, and Ethical Considerations and Criminal Restraints.
March 2006
Arizona Surety Association
Succession Program
March 2006
Arizona Builder's Alliance
Senior Executive Program, Succession Program
2003
Arizona Construction Law Practice Manual
State Bar of Arizona
Comprehensive treatise and case anthology on construction law
1998
The Allocation of Recoveries Between Employer and Surety and Fidelity Bond Cases
Tthe Surety Claims Institute
Presentation given in Miami, Florida
1998
Summary Judgment Motions in Fidelity Coverage Litigation-Workable or Not?
American Bar Association
Presentation given at Mid-Winter Meeting, Tort and Insurance Practice Sections in San Francisco, California
1997
Ethical Considerations to Multiple Representation in Construction and Surety Bond Litigation
The Construction Lawyer
1996
Ethical Considerations to Multiple Representation in Construction and Surety Bond Litigation
American Bar Association
Presentation given in New York at Construction Law Summit, Forum on the Construction Industry and Section of Public Contract Law
1995
Recent Innovations in Public Works ADR
Wiley Construction Law Update
1994
Fiduciary Bonds
International Association of Defense Counsel
Presentation given at Fidelity and Surety Trial Practice Program on Miscellaneous Bonds in New York
1990
Ethical Considerations and Responsibilities in Estate Planning and Probate
Maricopa County Bar Association
Presentation given at Seminar in Phoenix, Arizona
1990
A Comparison: Arizona Mechanic's and Materialmen's Lien Law, California Mechanic's and Materialmen's Lien Law, Uniform Construction Lien Law
State Bar of Arizona
Presentation given at the Annual Convention in Tuscon, Arizona
1990
Ethics in Litigation
Maricopa County Bar Association Seminar
EDUCATION
J.D., University of Utah, S.J. Quinney College of Law, 1974
B.A., Stanford University, 1971
BAR ADMISSIONS
Arizona, 1974 | 