Julianne C. Wheeler

Julianne C. Wheeler

 Julianne C Wheeler
Location:
Phoenix, Arizona
Phone:
602.234.7826
Fax:
602.277.5595
Email:
vCard:

Julianne is a Partner at Jennings Haug Cunningham and has, since 1988, been a commercial litigator and transactional attorney, emphasizing construction law, real estate transactions and business transactions. Listed in The Best Lawyers in America ®, Construction Litigation, Julianne has litigated, arbitrated and mediated complicated mechanics lien disputes, surety bond claims, concrete placement issues, construction delay claims, site utility specifications, cleanroom construction specifications and structural steel claims, to name a few, representing owners, general contractors, subcontractors and suppliers. Her commercial litigation experience includes international, national and local clients involved in international cleanroom equipment purchases, national restaurant chains, medical office building ownership and local childcare facilities. On the real estate side, Julianne has handled the sale of real property, drafted commercial and medical leases and litigated fair market value disputes between landlords and tenants. Her transactional practice includes the purchase and sale of businesses and assets for a wide range of businesses. A former Chair of the Construction Law Section of the Arizona Bar Association, former Legal Counsel to the Arizona Subcontractor’s Association, a former Member of the Arizona State Board of Technical Registration, contributor to the Arizona Construction Law Practice Manual (2nd and 3rd Editions), and frequent speaker, Julianne earned an AV Rating with Martindale Hubbell, served as a faculty member of the Arizona Trial College, and is a Judge Pro Tem with the Maricopa County Superior Court (2017-18). In addition to maintaining her Tempe, Arizona horse property, Ms. Wheeler enjoys golfing and other sports, camping, and traveling.

Representative Cases

  • Red Equipment Pte Ltd. v. BSE Tech, LLC
  • United States District Court, D. Arizona. March 24, 2016 Slip Copy 2016 WL 1158738 2:13-CV-1003-HRH
  • Performance Funding, LLC v. Barcon Corp., 197 Ariz. 286, 3 P.3d 1206 (2000)
  • Brockman v. Merabank, 40 F.3d 1013 (9th Cir. 1994)
  • U.S. v. Aetna Casualty & Surety Co., 981 F.2d 448 (9th Cir. 1992)

Areas of Practice

Bar Admissions

  • Arizona
  • U.S. District Court District of Arizona
  • U.S. Court of Appeals 9th Circuit

Education

Arizona State University, College of Law
J.D., 1987

Arizona State University
B.S., 1983 (Political Science)

Professional Associations and Memberships

  • International Concrete Repair Institute
  • Arizona Builders Alliance
  • Arizona Subcontractors Association, Legal Counsel (2016)
  • Construction Financial Management Association

Pro Bono Activities

  • Pro Tem Judge, Maricopa County Superior Court, Settlement Judge (2014-15/2016-18)

Published Works

  • Contributing Author, Arizona Construction Law, 2nd and 3rd Editions, The Ever Evolving Doctrine of Equitable Subrogation
  • Construction Litigation: Representing the Owner Against the Bank, Wiley Law Publications, 2nd Ed. (1990)
  • Co-author, Construction Defaults: Rights, Duties, and Liabilities, Representing the Lender, Wiley Law Publications, 2nd Ed. (1989)

Classes/Seminars

  • The Contractor in Distress Call; Your Best Advice, State Bar of Arizona's Construction Law Section in Phoenix, Arizona (February 6, 2018)
  • Instructor, Arizona Builders Alliance Leadership Development Forum (2016-2018)
  • Presenter, Advising the Client During Construction, Arizona Bar Association, Construction Law Section Luncheon Program (Feb, 2018)
  • Presenter, Construction Law Program, Insurance and Indemnity, Arizona Bar Association Construction Law Division (2015-2018)
  • Co-presenter, Killer Contract Clauses, Construction Financial Management Association Annual Conference, Scottsdale, AZ (2017)
  • Presenter, Identifying Construction Contract Risk and Trending Surety Topics, Surety Association of Arizona (January 2018)
  • Compare and Contrast: The AIA A-401 and the Consensus 750 Forms of Subcontract, American Subcontractors Association of Arizona
  • Warranties, Defects and Requests for Alternates: How to Protect Yourself, International Concrete Repair Institute (ICRI) (Feb. 2012)
  • Resolving Problems and Disputes on Construction Projects, National Business Institute (Jan. 2009)

Honors and Awards

  • The Best of Arizona Business (Commercial Litigation), Ranking Arizona
  • Listed in The Best Lawyers in America®, Construction Law and Construction Litigation (2018)

Fraternities/Sororities

  • Phi Alpha Delta

Representative Engagements

Commercial Litigation Experience

  • Favorable settlement of Subcontractor claim on Texas construction project after eDiscovery revealed General Contractor’s failure to disclose material changes to subcontractor’s scope of work
  • Prevailed in international arbitration between landlord and collision center involving fair market rental value of leasehold property
  • Successful resolution of construction dispute with municipality and supplier following disclosure of interplay between technical specifications and climate
  • Successfully appealed City of Phoenix Affirmative Action denial of MBE status to local trucking firm to the U.S. Dept. of Transportation
  • Prevailed in international dispute involving sale and transport of semiconductor equipment following summary judgment ruling in U.S. District Court
  • Obtained judgment for General Contractor in Bankruptcy Court following bench trial of complicated mechanics’ lien priority dispute resulting from collapse of Mortgages Ltd
  • Prevailed in lawsuit against entertainment venue of behalf of restaurant clients enforcing CC&Rs
  • Represented cleanroom contractor in dispute involving Critical Path Method scheduling issues and assisted in settlement negotiations following successful depositions of key personnel
  • Represented General Contractor in False Claims Act administrative proceeding before HUD which resulted in nuisance value settlement following hearing and negotiated settlement terms extricating client from all liability
  • Represented international contractor in high profile, multi-party hotel dispute involving design and construction issues
  • Prevailed in arbitration over Purchase and Sale Agreement involving childcare facility and covenant not to compete
  • Obtained Arbitration Award for structural steel Subcontractor client against General Contractor on a public works project

Real Estate and Business Transactions

  • Drafted and negotiated purchase and sale of commercial property located within SuperFund site for Chicago developer
  • Successfully resolved dispute between physician and international medical services provider following sale of medical practice
  • Drafted and negotiated Settlement and Purchase Agreement of Member Interest in LLC assets
  • Drafted and negotiated International Purchase and Sale Agreement of multi-location collision center assets
  • Drafted and negotiated resolution of commercial lease dispute between national landlord and local tenant following discovery of potential consumer fraud issues
  • Over ten years of representation/lease negotiations for LLC owner of medical office building involving Stark issues and a construction defect claim
  • Assisted in lease negotiations between city-wide collision center and various landlords
  • Drafted and negotiated Purchase and Sale Agreement of local restaurant
  • 30 years of construction contract drafting experience for prime contractors and subcontractors
  • Proficient with American Institute of Architects and ConsensusDocs suites of construction contracts

Construction-Related Experience

  • Extensive experience and familiarity with technical issues relating to concrete, structural design issues, underground utilities, mechanical systems, etc.
  • Thorough understanding of CGL, OCIP, CCIP insurance issues
  • Extensive experience in indemnity law relating to public and private construction projects and Contract Documents
  • Thorough understanding of procurement-related issues such as estimating, front-loading, bid protests, surety bonds, propriety and performance-based specifications and design documents
  • Decades of experience advising contractors and owners about performance-related issues such as change orders, termination for convenience/default, and warranty items, etc.

Technological Skills

  • Proficient with eDiscovery and efficient document management protocols and strategies including Relativity and iPro
  • Proficient in Word, Excel and PowerPoint

Community Activities

  • Tempe Sports Authority Foundation