Contract Disputes Attorney in Scottsdale, Arizona

What are some of the most common contract disputes you handle?

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Scottsdale, AZ commercial litigation attorney Daryl Williams talks about some of the most common contract disputes he handles. He describes that in recent years, the majority of contract disputes he has managed have involved commercial leases. Specifically, over the past three to four years, he has handled as many as 11 lease disputes in the Southern District of Texas, arising from projects associated with one of his principal clients. Securing favorable outcomes in these cases was critical, as they centered on contractual obligations that the landlords had failed to fulfill, prompting him to initiate legal action.

The challenges were considerable, given that the landlords had sold these leases to a real estate investment trust (REIT) with substantial financial resources. Despite this, he successfully pursued the claims, obtaining favorable resolutions in each case. These disputes illustrate the complex nature of contract litigation and the importance of holding parties accountable to their contractual commitments.

Beyond lease disputes, he has also managed cases involving individuals engaged to represent entities based in Australia for the purpose of developing facilities in the United States. In one instance, his client acquired real estate properties throughout the United States, only to be informed by the Australian company that reimbursement for these acquisitions would not be provided due to financial constraints. Legal proceedings were initiated, culminating in a jury trial in Maricopa County, where he secured a $60 million judgment against the Australian company.

Following this, the Australian company filed for insolvency in Australia, which led to further proceedings in the bankruptcy courts in Wilmington, Delaware. These proceedings sought recognition of the foreign insolvency within the United States, a relatively uncommon and complex area of law. Evidentiary hearings required meticulous preparation, offering insights into the practices of large law firms and the procedural nuances of international insolvency cases.

During one hearing, an unconventional approach to direct examination emerged. The opposing lawyer, representing a prestigious New York law firm, submitted an affidavit instead of directly questioning his client. He objected, insisting that the lawyer question his own client directly. The judge agreed, sustaining the objections and instructing the opposing counsel to conduct proper direct examination. This episode underscores the importance of strategic courtroom advocacy, even when facing highly experienced attorneys from prominent firms.

Ultimately, he prevailed in the case, and while the opposing party’s insolvency prevented financial recovery, the State Bar recognized his achievement with an award for one of the largest jury verdicts in Arizona that year. The case exemplifies the complexity and nuance of the matters he handles, which frequently involve intricate constitutional and contractual issues.

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