Jay Mann with Jennings, Strouss & Salmon Attorneys at Law in Phoenix, Arizona

Jay M. Mann Special Counsel

P: 602-262-5844
F: 602-495-2688
L: Phoenix

Jay Mann is Chair of the firm’s Construction, Fidelity and Surety Department. He focuses his practice in the areas of arbitrations and mediations, construction, surety, and business law. Mr. Mann frequently serves as an ADR neutral in arbitrations and mediations. He was born in Eskilstuna, Sweden, raised in Chicago, Illinois, and a resident of Arizona since 1979.

Areas of Focus

  • Arbitrations and Mediations
  • Construction
  • Surety
  • Commercial Litigation

 

Experience

Over 35 years’ experience in the practice of law focusing on construction, surety, and business litigation cases.  In construction matters has primarily represented general contractors and sureties, although has also represented developers, project owners, design professionals, subcontractors, homeowners associations, and individual homeowners in numerous cases.  Experience includes representing sureties in large contractor default cases, representing general contractors and subcontractors in various disputes including defense of breach claims and bringing affirmative claims for additional compensation due to delays, acceleration, changed conditions, etc., and representing design professionals in defense of errors and omissions claims.  Has also handled construction defect cases.  Non-construction cases include contract disputes, partnership and other business disputes, real estate matters, and bankruptcy matters.

Alternative Dispute Resolution Experience

Extensive experience in arbitrations and mediations, as the neutral or as counsel for one of the litigants.  Conducted more than 100 arbitrations and mediations as ADR neutral.  Represented parties in more than 300 arbitrations and mediations.  Construction cases have involved private projects ranging from residential construction to office buildings, hotels and hospitals, and also federal, state, and local public projects at military bases, schools, airports, jails, sewage treatment plants, etc.  In one case, served as arbitrator on a three-member panel which decided a dispute in excess of $100 million involving a nuclear power plant.  ADR neutral for the American Arbitration Association (including Construction and Large Complex Case Panels of Arbitrators and Mediators) since 1996.

Articles, Publications and Presentations

  • Author, “How to Get Bonding in a Tight Construction Market,” Construction Business Owner Magazine (2015)

  • Co-author, "Surety Bad Faith Issues Still Unresolved Twenty-Six Years After Dodge v. Fidelity and Deposit Company of Maryland" Arizona State Bar Construction Law Section Annual Conference (2014)

  • Author, "The Legal Pitfalls of Guaranteeing Bonds for Another Contractor," Construction Executive Magazine (2014)

  • Chapter Author, "Complimentary Provisions of the Indemnity Agreement," The Surety's Indemnity Agreement: Law and Practice, 2nd Ed., American Bar Association (2008, 2014 updates)

  • Author, "Practical Advice for Contractors Seeking to Increase Their Bonding Capacity," The Arizonan Magazine of the Arizona Construction Association  (2013)

  • Chapter Author, “The Surety v. The Principal,” The Contract Bond Surety’s Subrogation Rights, American Bar Association (2013)

  • Co-author, "Problems and Pitfalls Handling AIA Bond Claims," continuing education for surety claims departments (2011)

  • Co-author, "How Prompt Payment Laws Affect the Surety," Surety and Fidelity Claims Institute (2011)

  • Author, "Recent Developments in Arizona Law of Implied Warranties," State Bar of Arizona Construction Law Section (2010)

  • Author, "Ethical Issues Raised by the Joint Representation of a Surety and a Bond Principal," continuing education for surety claims departments (2007-2010)

  • Author, "Understanding Your Payment Settlement Options," National Business Institute (2007)

  • “Venue Provisions After Atlantic Marine Decision," Virtural Seminar (Webcast), National Association of Surety Bond Producers (2015)

  • “Fundamental Rights of Sureties – Historic Basis for Indemnity at Common Law and Creation of the Right of Indemnity," 2014 Annual Mid-Winter Meeting, American Bar Association, Tort and Insurance Practice Section, Fidelity and Surety Law Committee

  • "Discussion of Recent Case: MES, Inc. and Travelers v. United States", Pearlman Surety Claims Conference (2012)

  • "How Prompt Payment Laws Affect the Surety," Surety and Fidelity Claims Institute (2011)

  • "The Impact of Prompt Pay Violations on Bond Claims and Surety Defenses," American Bar Association, Forum on Construction Industry, (2011)

  • "Mastering Construction Law: A Close Look at Ten Arizona Statutes that May Impact Your Construction Practice," State Bar of Arizona, Construction Law Section (2011)

  • "New AIA Performance and Payment Bond Forms," Surety Association of Arizona (2011)

  • “Fundamentals of Performance and Payment Bonds: What You Don’t Know Can Hurt You," State Bar of Arizona, Real Property Section (2005)

  • "The Surety's Enforcement of Its Rights to Collateral from the Principal and the Indemnitors," 2002 Annual Mid-Winter Meeting, American Bar Association Tort and Insurance Practice Section, Fidelity and Surety Law Committee

  • "The Law of Suretyship," National Institute of the American Bar Association, Tort and Insurance Practice Section (1993-1996)

  • State Bar of Arizona, Construction Law Section annual seminars (2005-2015)

  • Surety Association of Arizona programs (2009-2015)


Digital Media


Honors and Recognitions

  • Listed, "Top 100 Lawyers in Arizona" Az Business Magazine (March/April 2015, 2017)

  • Listed, The Best Lawyers in America (2009-2018) in the categories of Construction Law, Litigation - Construction

  • Listed, Southwest Super Lawyers (2009 - 2016) in the categories of Construction Litigation: Business, Surety, Alternative Dispute Resolution

  • Listed, "2014 Arizona Business Top Lawyers: Construction," Az Business Magazine (April 21, 2014)

  • AV® PreeminentTM Peer Review Rated


Professional Affiliations

  • Member, American Arbitration Association
    Construction and Large Complex Case Panels of Arbitrators and Mediators
  • Member, American Bar Association
    Former Vice Chair, ABA, Tort and Insurance Practice Section, Fidelity and Surety Law Committee
    Forum Committee on the Construction Industry
  • Member, State Bar of Arizona
    Construction Law Section
  • Member, Maricopa County Bar Association
    Construction Law Section
    Corporate Counsel Section
  • Member, International Association of Defense Counsel
  • Member, National Bond Claims Association
  • Member, Surety Claims Institute
  • Member, Surety Association of Arizona
  • Judge Pro Tempore, Superior Court of Maricopa County, Arizona
  • Adjunct Professor, Sandra Day O'Connor College of Law, Arizona State University
  • Member, Temple Chai, Scottsdale, Arizona

Admitted to Practice

  • Arizona
  • Illinois

Court Admission

  • U.S. District Court, District of Arizona
  • U.S. District Court, Northern District of Illinois
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit

Education

  • J.D., Loyola University Chicago School of Law
    with honors
    Law Review Author and Editor
  • B.A., University of Illinois, Economics and Mathematics