David C. Tierney

A veteran in the practice of Arizona construction law, David Tierney has been listed in
The Best Lawyers in America® every year since 2003 and is a two-time
Best Lawyers® “Lawyer of the Year” in Construction Law and Construction
Litigation.

David also devotes a
considerable portion of his practice to alternative dispute resolution across
many commercial industries and is a past-chair of the ADR Section for the State
Bar of Arizona.

Practice Areas

Civil
Litigation

Construction Law

Arbitration and Mediation

Honors and Awards

“Lawyer of the Year,” Construction Litigation (Phoenix) 2014, Construction Law (Scottsdale)
2017,
The Best Lawyers in America

Maricopa County Bar
Association Hall of Fame, 2016

The Best Lawyers in
America (Arbitration, Commercial Litigation, Construction Litigation,
Mediation, Real Estate Litigation), 2003-2017

AV-Preeminent® Rating, Martindale-Hubbell®

Super Lawyers (Construction Litigation), 2007-2017

Super Lawyers Top 50 Lawyers in Arizona, 2009-2012

“Top 100 Lawyers in Arizona,” AzBusiness,
2013, 2014, 2017

“2013 Top Rated Lawyers,” Commercial Litigation Law, The
American Lawyer

Judge Learned Hand Award
(Community Service): American Jewish Committee (Arizona Region), 2011

Fellow, American Bar
Foundation

Arizona’s Finest Lawyers,
2010-present

Professional Activities

American Bar Association

State Bar of Arizona: Alternative Dispute Resolution
Section, Past Chair; Construction Law Section, Past Chair

American Arbitration
Association: Commercial Panel;
Construction Panel; Construction Mediation Panel; AAA Construction Advisory
Council, Chairman

Co-Editor, Construction Law Practice Manual, 3rd
Ed. 2016, State Bar of Arizona

Co-Editor, Construction Law Practice Manual,
2nd Ed. 2011, State Bar of Arizona

Maricopa County Bar
Association

Judicial Clerkships

Law Clerk to Justice Paul C. Reardon, Supreme Judicial
Court of Massachusetts, 1965-1966

Reported
Cases

Precision Components,
Inc. v. Harrison, Harper, Christian & Dichter, P.C., 179 Ariz. 552, 880 P.2d
1098 (Ariz. App. Div. 2, Nov. 4, 1993) (No. 2 CA-CV 93-0239)

Tracy v. Superior
Court of Maricopa County, 168 Ariz. 23, 810 P.2d 1030 (Ariz., Apr. 23, 1991)
(No. CV90-0407-SA)

Mandraes v.
Hungerford, 127 Ariz. 585, 623 P.2d 15 (Ariz., Jan. 9, 1981) (No. 14981)

Greenfield v. Cheek,
122 Ariz. 70, 593 P.2d 293, Blue Sky L. Rep. P71, 440, Fed. Sec. L. Rep,
P96,560 (Ariz. App., Sep. 19, 1978) (No. 1 CA-CIV 3785)

Greenfield v. Cheek,
122 Ariz. 57, 593 P.2d 280 (Ariz., Mar. 23, 1979) (No. 14074-PR)

Sundown Imports, Inc.
v. Arizona Department of Transportation, Motor Vehicle Division, 115 Ariz.
428, 565 P.2d 1289 (Ariz., App., Mar 14, 1977) (No. 2 CA-CIV 2282)

Application of
Collins, 108 Ariz. 310, 497 P.2d 523 (Ariz., Jun. 1, 1972) (No. H-585)

Keams v. Tempe
Technical Institute, Inc., 39 F.3d 222, 63 USLW 2285, 95 Ed. Law Rep. 513
(9th Cir. [Ariz.], Oct. 31, 1994) (No.92-16349)

Keams v. Tempe
Technical Institute, Inc., 110 F.3d 44 (9th Cir. 1997)

Crawford v. American
Institute of Professional Careers, Inc., 934 F.Supp. 335, 112 Ed. Law Rep.
222 (D. Ariz., May 17, 1996) (No. CIV 94-2402 PHX CAM, CIV 96-0646 PHX CAM, CIV
95-0366 PHX CAM)

Keams v. Tempe
Technical Institute, Inc., 807 F.Supp. 569, 79 Ed. Law Rep. 846 (D. Ariz.,
May 4, 1992) (No. CIV 91-0728 PHX RCB)

In re: Residential
Resources Mortgage Investments Corp., 98 B.R. 2, Bankr. L. Rep. P 72,723 (Bankr.
D. Ariz., Feb. 16, 1989) (No. B-89-0200, 89-53, ‘B’)

ABC Supply v. Edwards,
232 Ariz. Adv. Rep. 9 (CA 12/17/96)

Court
and Bar Admissions

Massachusetts, 1965

State Bar of Arizona, 1969

U.S. District Court,
District of Arizona, 1969

U.S. Court of Appeals,
Ninth Circuit, 1971

U.S. Supreme Court, 1971

Articles and Presentations

“Litigation, the Practical Side: Preparing the Owner’s Defense Strategy”
(chapter author), Construction Law Practice Manual, 3rd Ed. 2016, State
Bar of Arizona

“Theories of Recovery” (chapter co-author),
Construction Law Practice Manual, 3rd Ed. 2016, State Bar of Arizona

“The 2007 AIA Documents as Compared to the 2007
Consensus Documents” (chapter author), Construction Law Practice Manual,
3rd Ed. 2016, State Bar of Arizona

“Arizona Construction Law 2016: Reported Cases and Statutory Developments,” Sacks Tierney Client Newsletter, December 2016

“Private Arbitration Update” (co-presenter), American Arbitration Association,
November 2016

“Trends in Arbitration and Mediation Case Law, Local and National,” August 2016

“ADR Talks” (panelist), State Bar of Arizona Annual Convention, June 2016

“Recent Cases which Govern Drafting an Enforceable
Arbitration Clause” (co-presenter), State Bar of Arizona Alternative Dispute
Resolution Section CLE, May 2014

“Drafting
an Effective ADR Clause,” State Bar of Arizona,
Construction Law Section, November 2013, and ADR Section, May 2014

“Arbitration
in Arizona: Changes Have Arrived,” March 2013

“Arizona Construction Law Practice Manual (2nd Ed.
2011),” Contributing Editor

“Construction
Quality: Do It Right or Pay the Price” (co-editor),

www.doitrightllc.org, Prentice-Hall, 2011

“Arbitration
in Arizona: Changes Are Coming,” September 2010

“Arbitration
and Mediation ‘Nuts and Bolts’ for Owners and Contractors,” Lorman Education
Services, March 2010

“The Law Regarding Indemnity, a Crucial Factor in
Control,” Lorman Education Services, March 2009

“Errors and Omissions in
Plans and Specifications: Spearin and Kubby Cases,” Lorman
Education Services, March 2009

“Overview of New AIA
Contract Documents,” Lorman Education Services, March 2009

“Mediation vs. Arbitration – Trends in Alternative
Dispute Resolution in Arizona,” Lorman Education Services, March 2009

“Maximizing/Uncovering
the Hidden Value in Construction Schedules through Buy-In and Collaboration in
Arizona,” Lorman Education Services, December 2008

“The Arizona
Mechanics Lien Law and Stop Order Law as Recently Amended: the New Definition of
‘Completion’,” January 2000

“Construction Defect
Litigation,”
September 2002

“‘Unless and Until’
Clauses: Slow Pay for Subcontractors,” Arizona Contractors Association
Almanac, 1989; State Bar Construction Law Section Newsletter, March 1990

“Some Key Changes in the New 2007 AIA Documents,”
April 2008

“Controlling the Means of
Construction: New Exposure for Architects on Construction Jobs,” Southwest
Contractor, January 1985

“Our Prisons: Upside Down
& Backwards Priorities,” Tempe Daily News, August 1984

“Alternatives to
Incarceration,” Scottsdale Progress Saturday Magazine, January 1980

“Prison Crisis: a Need
for Rehabilitative Programs” (co-author), Weekly Gazette Convention Issue,
May 1979

“Arizona Corrections:
Accomplishments and Unfinished Business” (co-author), Arizona Bar Journal,
August 1978

Litigation Manual
(contributing editor), Maricopa County Bar Association

Community
Leadership

Valley Leadership, Inc.:
2016 “Man of the Year”; Past Member, Board of Directors

Phoenix Symphony: Board of Overseers

St. Joseph’s Hospital and Medical Center Community Board:
Past
Chair

Arizona Behavioral
Health Corporation: Board of Directors

Arizona Foundation for Behavioral Health: Board of Directors

Restorative Justice
Resources Coalition, Inc.: Chairman

Arizona Coalition for
Tomorrow: Past President

Irish American Cultural
Institute: Past Chair

Arizona State University
College of Law: Former Adjunct Professor of Construction Law

Maricopa County
Self-Insured Trust Fund: Past Chair, Board of Trustees

Tumbleweed: Member, Board of Directors; Past Chair;
“Champion for Youth” Award Recipient, 2016

Arizona Policy Forum,
Vice President, 1998-2006

Provost’s Advisory
Committee, ASU West, 1997-2004

Arizona Prison
Industries, Chairman, Board of Trustees, 1981-1987

Governor’s Commission on
Computers in Education: Chair, 1984-1985

Maricopa County
Nonpartisan Commission on Trial Court Appointments, 1975-1979

Peace Corps: Volunteer, 1966-1969

Education

Harvard University, J.D.,
1965

Brandeis University,
B.A., 1962

Language
Fluency

Spanish

Birthplace

Cambridge, Massachusetts