Todd A. Baxter

Member and Construction Practice Group Chair

Member of the firm in our Phoenix, Arizona office. Mr. Baxter’s practice focuses on Construction Law and Commercial & Business Litigation. Mr. Baxter negotiates and prepares construction contracts for general contractors and private and public owners, as well as preparing other commercial contract documents. In litigation, Mr. Baxter frequently represents general contractors and property owners and developers in a wide array of commercial construction disputes and also represents homebuilders in residential construction disputes. In addition to construction litigation, Mr. Baxter represents businesses and business owners in commercial litigation and owner/shareholder disputes. He presents cases before state and federal courts, and frequently in arbitration tribunals. He also frequently represents and counsels clients in mediation and other informal dispute resolution proceedings, as well as in administrative hearing actions brought by regulatory agencies (e.g., Arizona Registrar of Contractors).

Education & Credentials

Education

University of South Dakota

B.A., 1992

Tulane University Law School

J.D., 2006

cum laude

Bar Admission

Arizona

Acknowledgements

The Legal 500 United States
- Real Estate - Construction, 2022-2023
Best Lawyers in America®
- Construction, Commercial Litigation, 2020-2024
Arizona Super Lawyers®
- "Rising Star," Business Litigation, 2012-2013
- "Rising Star," Construction Litigation, 2014-2016

Prominent Assignments

Representation of one of the nation’s largest homebuilders in defeating certification of a purported class of homeowner plaintiffs seeking in excess of $100 million in damages based upon various allegations of fraud and nondisclosure.

Representation of a California real estate developer in $6 million change order and payment dispute involving a $40 million luxury apartment complex.

Representation of a commercial general contractor in $8 million mechanic’s lien and payment dispute involving construction of a new $50 million high rise luxury hotel, successfully resolved without litigation.

Representation of two majority shareholders of multi-location restaurant chain in multi-million dollar fraud and embezzlement dispute with minority shareholder resulting in favorable settlement and ouster of minority shareholder.

Representation of a large municipality in a claim against an international manufacturer and system designer of a membrane module filtration system used to treat potable water. The claim was settled on very favorable terms for the client.

Representation of commercial general contractor in $3M dispute involving claims of alleged defective design and/or construction of retaining wall adjacent to 1000-stall underground parking structure.

Representation of public healthcare provider in development of construction contract documentation for $1B multi-year construction program.

Participated in the successful defense of a major home builder in an AAA arbitration proceeding against allegations of concealment and misrepresentation regarding a newly constructed subdivision and surrounding property.

Achieved a favorable settlement for a merchandise supplier client in a federal court suit involving defense of a breach of contract claim and prosecution of a counterclaim for breach of contract and nonpayment against a major retail food franchisor.

Professional Involvement

State Bar of Arizona
Maricopa County Bar Association
American Bar Association
Arizona Builders Alliance, Member, Community Service Board
Arizona Chapter of Associated General Contractors of America, Firm Representative
Alliance for Construction Excellence

Publications/Presentations

Co-Author, “Builders Beware: The Implied Warranty of Workmanship and Habitability Is Set in Stone,” Dickinson Wright Client Alert, August 2021