Scott F. Frerichs

Mr. Frerichs’ practice includes all aspect of construction law, including surety claims, owner/contractor disputes, mechanic’s liens, bid protests, real estate disclosures, and Registrar of Contractors matters. Having completed nearly 60 trials over his career, Mr. Frerichs’ vast litigation experience also includes complex commercial litigation, fidelity law claims, insurance coverage issues, claims of professional negligence, and appellate work.

Admitted to Practice

• Arizona (1989)

Court Admission

• U.S. Court of Appeals, Ninth Circuit (1990)
• U.S. District Court, District of Arizona (1989)

• Successfully defended a major insurer in a claim against a fidelity policy in a coverage question regarding an alleged seven-figure loss
• Successfully defended the insured of a major international insurer in a products liability claim against allegations the insured’s product failed and caused a fire resulting in a seven-figure loss
• Successfully defended a surety client against a bad faith claim brought by a bond principal
• Successfully defended a surety on a seven-figure performance bond claim while also affirmatively recovering damages of seven figures
• Successfully pursued a recovery in subrogation on behalf of a major insurer who had incurred a seven-figure loss based on fraudulent business practices
• Successfully defended a locally owned business against charges of gender discrimination
• Successfully defended a contractor client against a Registrar of Contractors complaint brought by a subcontractor

State Court Appellate Matters

• Shoemake/Rodriguez et al. v. Estancia De Prescott, LLC 2020 WL 5056566 (Ct. App. 2020)
• Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership, 245, Ariz. 397, 430 P.3d 362 (2018)
• Russo & Steele, LLC v. Tri-Rentals, Inc., 2017 WL 2180378 (Ct. App. 2017)
• Pueblo Santa Fe Townhomes Owner’s Association v. Transcontinental Ins. Co., 218 Ariz. 13, 178 P.3d 485 (Ct. App. 2008)

Articles

• “The Laws of LEED,” Author, Construction Business Owner Magazine (2015)
• “Legal Writing for Paralegals,” National Business Institute (2008)
• “When Construction Projects Go Bad,” Lorman Educational Services Continuing Legal Education (2006)
• “Stuck in the Middle with Who?” Surety Claims Institute (2002)
• “Handling Construction Defect Mold Claims,” National Business Institute Continuing Legal Education (2002, 2003)

Presentations

• “Surety Association of Arizona – Conference call: Force Majeure contract provision language and the New SBA Coronavirus Lending Programs ,” Surety Association of Arizona (April 15, 2020)
• “ABA Fall Fidelity,” Conference in Boston, Massachusetts, Co-Chair (2010)

State Bar of Arizona

American Bar Association

• Co-Chair, ABA Fall Fidelity Conference in Boston, MA (2010)

Maricopa County Bar Association

National Bonds Claim Association

Surety Claims Institute

Herberger Theater Center

• Member, Board of Directors (2019 – present)
• Co-Chair, Fund Development Committee (2021 – present)
• Chair, Fall Festival of Arts (2020 – 2021)

• Phoenix magazine, “Top Lawyer,” Construction (2022)
• Arizona Business Leaders Magazine, AzBusiness Leaders, Construction (2020)
• The Best Lawyers in America^©, Commercial Litigation (2021 – 2023); and Construction Law (2020 – 2022)