Our firm provides a wide array of services to our business clients who are individuals, corporations (public and private), limited liability companies, closely-held corporations, partnerships, and nonprofit organizations. Our clients range from small entrepreneurs to large institutions who manage and operate restaurants, national car rental companies, manufacturing companies, distributors, agri-businesses, professional service companies, shopping centers, multi-family housing and other industry sectors.
We provide business advice, counseling and documentation with respect to the formation and governance of business entities, day-to-day operations, regulatory compliance, and specific transactional needs. Our attorneys represent clients in planning, negotiating, and documenting business organizations, mergers, business restructuring, acquisitions (stock and asset), and capital formation. We negotiate and draft various commercial agreements, including shareholder and buy-sell agreements, confidentiality and anti-piracy agreements, distributorship and purchase agreements (for products and services), licenses, consulting and employment agreements, leases, and commercial loan documents.
Our experience in business operations and transactions enable us to assist our clients in understanding the legal ramifications of their business dealings and make practical decisions based on that advice.
Our litigation attorneys practice in the state and federal courts of Arizona, California, and New Mexico and have handled cases on appeal in each of these states. We represent clients in select areas of civil and commercial litigation, with an emphasis on business and real estate disputes and insurance and construction issues. We also represent plaintiffs in select personal injury cases.
We have extensive experience in handling commercial disputes involving contract interpretation and enforcement issues. Our attorneys handle litigation arising out of the purchase or sale of businesses, partnership and corporate dissolution actions, and cases involving employment agreements and enforcement of non-compete clauses. We assist clients in debt collection, attachment and enforcement of liens and foreclosing on security agreements. We also represent clients in contract-related tort claims such as interference with contract and disclosure of trade secrets.
Our attorneys handle all aspects of construction law from negotiating and drafting of contracts to litigating claims on behalf of developers, owners, project managers, design professionals, general contractors, subcontractors and suppliers.
Disputes inevitably arise in real estate development. We handle cases involving breach of contract, professional negligence, construction defect, construction site premises liability and indemnity issues as well as bond claims and lien enforcement. We also regularly represent contractors and owners in hearings before the Arizona Registrar of Contractors.
Real Estate Litigation
Our attorneys have represented shopping centers, office complexes, real estate developers and companies of all sizes in real estate litigation. The cases we handle include commercial lease disputes, adverse possession, quiet title actions, condemnations, enforcement of easements and CC&R’s and cases arising from real estate contracts such as options, purchase agreements and real estate broker listing agreements.
Alternative Dispute Resolution
We recognize our clients’ desire to avoid the expenses of litigation and therefore work diligently to promote reasonable settlement of disputes through negotiation and mediation. Where those methods are not successful, we have represented our clients in private arbitration and mediation, as well as arbitration proceedings before organizations including the American Arbitration Association and the National Association of Securities Dealers (NASD).
We represent both secured and unsecured creditors in negotiation and litigation matters relating to commercial debt collection, including prejudgment or provisional remedies, post-judgment discovery, bankruptcy, and collections and domestication of foreign judgments. Our attorneys have experience pursuing actions on promissory notes, contracts, security agreements, and deeds of trust, and represent clients in judicial and non-judicial foreclosures as well as commercial landlord/tenant eviction proceedings.
Real Estate Law
We provide a broad range of services in the acquisition and disposition of improved and raw land as well as income-producing property. Our attorneys advise clients regarding the construction and development of office buildings, hotels, apartments, industrial buildings and healthcare facilities.
Spiess & Bell’s real estate practice includes mortgage lending, mezzanine financing and other real estate finance transactions, workouts and foreclosures, ground leasing and ground lease financing and commercial leasing. Because of our combined experience in real estate and litigation, we represent clients in matters involving commercial lease disputes, adverse possession, quiet title actions, condemnations, enforcement of easements and CC&R’s and cases arising from real estate contracts such as options, purchase agreements and real estate broker listing agreements.
Real Property Tax Appeals
Combining our experience in litigation and real estate, Spiess & Bell has an active practice in the area of appealing valuations of commercial real property for tax purposes.
Our real property tax appeals attorneys have substantial experience in the valuation of real property and represent clients in negotiations with the County Assessor’s Office and in tax appeal proceedings before the State Board of Equalization and the Arizona Tax Court. An in-depth understanding of the valuation methods utilized by the County Assessor and the review criteria applied by the State Board of Equalization and the Arizona Tax Court has afforded the firm a successful history of practice before each of these bodies.
Our attorneys have a great deal of experience in handling appeals in the state and federal courts. these appeals have involved a wide range of issues, from insurance coverage, to constructions defects, to land use and zoning, as well as numerous others.