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P. Douglas Folk

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fax +1 480.684.1176

P. Douglas Folk serves business clients in architecture, engineering, geomatics, landscape architecture, construction, and other technology-driven industries as a vigorous advocate and trusted advisor.

By drawing on his extensive experience in business transactions and commercial litigation, Doug has developed practice specialties in construction law, professional liability defense, contracts and negotiations, risk management, administrative law, and government relations. Doug’s team at Clark Hill’s Phoenix office has tackled difficult negotiations and litigation involving infrastructure and transportation projects, master-planned communities, commercial and mixed-use projects, destination resorts, medical facilities, factories, airports, and mines. Doug builds lasting relationships with his clients by finding practical solutions for difficult legal problems.

Doug’s practice includes the formation and management of businesses, strategic planning, professional licensing and risk management. His team represents companies involved in architecture, engineering, land development and construction, and other commercial enterprises. Doug serves as outside general counsel to many of his clients. He has been selected to the Best Lawyers in America® for Construction Law and Litigation and Southwest Super Lawyers® for Construction Litigation and Professional Liability Defense lists.

Doug wrote Arizona’s Certificate of Merit Act, which requires early disclosure of expert opinions in professional liability cases, and he overhauled Arizona’s indemnity laws for public works projects. Doug has written amicus curiae briefs for the Arizona Supreme Court in precedent-setting cases involving the economic loss doctrine, limitation of liability, and the statute of repose. Through his work in the American Council of Engineering Companies [ACEC] and the American Institute of Architects, Doug has developed a national practice serving design professionals and contractors. He is a member and past chairman of ACEC’s Legal Counsel Forum and a member of the Risk Management Committee. He is also a past Chairman of the Construction Law Section of the State Bar of Arizona and an active member of the American Bar Association’s Forum on the Construction Industry.

Doug served four terms as the public member of Arizona’s Board of Technical Registration. The Board licenses and regulates architects, engineers, land surveyors, landscape architects, geologists and other certified occupations. Drawing on more than two decades of involvement in professional licensing and disciplinary proceedings, Doug consults with design firms, design-builders, and contractors in risk management and professional standards of practice.

Doug wrote several chapters of the Arizona Construction Law Practice Manual (2nd ed.) and was a co-editor of Design Professional and Construction Manager Law, published by the American Bar Association Forum on the Construction Industry.

Education

J.D., with Honors, University of Iowa College of Law, Iowa City, Iowa, 1980
B.A., Franklin and Marshall College, Lancaster, Pennsylvania, 1977

Recognitions

Named among Best Lawyers in America© for Construction Law; Litigation-Construction by Best Lawyers (2019-2021)

P. Douglas Folk has been named Scottsdale, Arizona’s 2020 Litigation – Construction “Lawyer of the Year”

Memberships

Member, State Bar of Arizona

State Bar Licenses

Arizona

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals, 9th Circuit
U.S. Court of Federal Claims
U.S. Court of Appeals, Federal Circuit
U.S. District Ct., District of Arizona
U.S. District Ct., N.D. of Texas

Experience

  • 1800 Ocotillo, LLC v WLB Group, Inc., 219 Ariz. 200, 196 P.3d 222 (2008) – Confirmed that contractual limitations of liability are not against public policy and may be enforced as agreed by a design professional and its client.
  • Flagstaff Affordable Housing Limited Partnership v. Design Alliance, Inc., 223 Ariz. 320, 223 P.3d 664 (2010) – As between a design professional and its client, contractual remedies for recovery of economic loss will bar tort claims seeking the same damages, which enables proper risk allocation through contract negotiations.
  • Albano v. Shea Homes Ltd. P’ship, 227 Ariz. 121, 254 P.3d 360 (2011) – Held that Arizona’s statute of repose is not tolled by the filing of a class action complaint in construction defect litigation.
  • Sullivan v. Pulte Home Corporation 232 Ariz. 344, 306 P.3d 1 (2013) – Held that a subsequent purchaser’s construction defect claim is not barred by the economic loss doctrine or statute of repose, but purchaser may not have a cause of action for negligent construction.
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