Patricia Alexander: Chandler Business Litigation Attorney

Patricia A. Alexander

Commercial Litigation | Business Dispute Resolution | Appeals

Patricia Alexander’s 19 years of business ownership and management experience in the manufacturing industry, combined with nine years in engineering and 12 years as a property restoration owner/contractor, give her valuable perspective in representing her clients.

She understands the needs and challenges of small businesses – particularly in the construction, manufacturing and retail industries – and she provides a cost-conscious, practical approach to solving difficult legal problems, whether in court or in negotiating a settlement.

Patricia has represented clients in federal, state and justice courts, in arbitration proceedings, and in administrative proceedings before the Arizona Registrar of Contractors.

Her broad experience in commercial litigation includes construction and real estate disputes, employment and intellectual property disputes and litigation involving commercial and residential real estate leases.

In addition to litigating business disputes, Patricia applies her thoroughness and attention to detail in representing heirs, beneficiaries, trustees and fiduciaries in contested trusts and probates and other forms of estate controversies.

Practice Areas

Commercial Litigation

Business Dispute Resolution

Appeals

Estate Litigation

Professional Memberships

State Bar of Arizona

Community Leadership

Recipient, The Susan Harter Award, Tempe Historic Preservation Commission, 1999

Education

J.D., magna cum laude, Arizona State University College of Law, 2005: Order of the Coif, Pedrick Scholar, Arizona State Law Journal (Note and Comment Editor) 2005

B.S., Mathematics, University of Maryland, 1974

Court Admissions

Arizona, 2005

U.S. District Court, District of Arizona

Published Opinions

Highland Village Partners, LLC v. Bradbury & Stamm Construction Co., 195 P.3d 184 (Ariz. Ct. App. 2008) (summary judgment reversed): Represented a property owner in a case in which the Arizona Court of Appeals held that a commercial contractor may be liable to a subsequent purchaser for construction defects if the implied warranties are expressly assigned. Legal commentators consider this decision to have potentially far-reaching effects on commercial construction defect litigation.

Kim v. Mansoori, 153 P.3d 1086 (Ariz. Ct. App. 2007): Represented a purchaser in a specific performance action in which the Arizona Court of Appeals ruled that the trial court erred in certifying as final a judgment on an attorney fee claim pursuant to Rule 54(b) in advance of a “related judgment regarding the merits of [the] cause”).

Memorandum Decisions

Ervco, Inc. v. Texaco Refining and Marketing, Inc., No. 09-17172 (9th Cir. Apr. 21, 2011) (unpublished): Represented the plaintiff/appellant, a former gas station franchisee, in a suit for specific performance under the Petroleum Marketing Practices Act. The Ninth Circuit held that the trial court improperly granted judgment as a matter of law during pre-trial proceedings, and reversed and remanded. The court also held that the trial court erred in granted summary judgment on the oil company's counterclaim for breach of contract.

Stevenson v. Tweedy, 2009 WL 388030 (Ariz. Ct. App. 2009) (unpublished): Represented a plaintiff in the appeal of a jury verdict in a dispute with a commercial real estate broker to develop and lease commercial property. Judgment for the plaintiff was affirmed

Anthony v. Arizona Surgical Specialists Center, L.L.C., 2009 WL 888540 (Ariz. Ct. App. 2009) (unpublished): Represented the defendants in a case in which the Arizona Court of Appeals ruled that the appointment of a receiver was an abuse of the trial court's discretion because there was no evidence to support the trial court's presumed finding that any interest an alleged member had in an LLC was threatened.

Published Articles

“Moral Rights in the VARA Era,” Ariz. St. L.J. 1471 (2004)

Business Experience

Majority owner, Performance Systems Inc., Tempe, Arizona, 1987-2005

Assistant Project Engineer, AlliedSignal Inc. (now Honeywell International), Phoenix, Arizona, 1979-1987

Birthplace

Fort Wayne, Indiana

Professional Highlights

Employment Contracts. Has represented both employers and employees; issues have included pay disputes, non-solicitation agreements, wrongful termination.

Business Disputes. Has represented small businesses as both plaintiffs and defendants in breach of contract, negligence, misrepresentation, fraud, and collections actions. Represented commercial landlord in successor liability action and obtained denial of motion for summary judgment; obtained grant of summary judgment in shareholder action. Represented business in action against bank for negligence and violation of Fair Credit Reporting Act following identity theft. Won a motion for a new trial in claim of fraudulent transfer. Obtained relief from Chapter 7 automatic stay to conduct discovery.

Homeowner Disputes. Obtained dismissal of collection action against homeowner because of failure to provide proper notice; represented homeowners enforcing deed restriction limiting height of buildings.

Construction. Has represented contractors, architects, and property owners in breach of contract, defect, unjust enrichment, and mechanic’s lien foreclosure actions. Obtained arbitration award for owners when contractor abandoned the work prior to completion. Obtained grant of summary judgment on claims of unlicensed contractors and statute of frauds. Successfully represented subsequent owners of business in defect action brought by property owner.

Landlord Tenant. Has represented both commercial and residential landlords. Won bench trial for landlord seeking to quiet title. Successfully represented commercial tenant in claim for property damage caused by water intrusion.

Real Estate. Has represented purchasers in actions for specific performance, breach of partnership agreements, and violation of federal law.