Jason Ebe

Bar Admissions

• Arizona
• Hawaii

Court Admissions

• Supreme Court of Arizona
• Supreme Court of Hawaii
• United States Court of Appeals, Ninth Circuit
• United States District Court, District of Arizona
• United States District Court, District of Hawaii

Education

• University of Arizona (J.D., cum laude)
• The Ohio State University (B.S., Materials Science Engineering, magna cum laude)

Awards & Recognition

• Chambers USA: America’s Leading Lawyers for Business®, Construction (2023-2024)
• The Best Lawyers in America^®, Construction Law (2009-2025); Construction Litigation (2012-2025)
• Southwest Super Lawyers®, Rising Stars Edition, Construction/Surety (2012-2013)
• Arizona’s Finest Lawyers

Representative Matters

Transactional

• Represented public university in negotiation of design-build agreement for multipurpose arena.
• Represented domestic airline in negotiation of design-build agreement for airport facility improvements.
• Represented developer of Bahamas resort devasted by Hurricane Dorian in procurement and contracting for relief and restoration construction efforts.
• Represented developer of inland surf park in procurement and contracting for design and construction of artificial wave surf park and related amenities.
• Represented automobile manufacturer in procurement and contracting for design and construction of automobile manufacturing plant.
• Represented food producer in procurement and contracting for design, construction of food processing plant.
• Represented lead contractor in contracting for design-build of professional football stadium.
• Represented developer of Baja Mexico resort in negotiations for hotel construction.
• Represented developer of Utah ski resort in negotiations for construction of new resort infrastructure.
• Represented developer of collegiate campus housing for design and construction of housing projects in multiple states.
• Represented hotel developer in contracting for design and construction of new and renovated hotels in multiple states.
• Represented public university in contracting for renovations of collegiate football stadium.
• Represented health care owner in contracting for data center expansion.
• Represented developer with respect to contracts with design-builder and federal government for GSA Exchange project.
• Represented multi state healthcare provider in drafting and negotiating design and construction contracts for multiple projects.
• Represented airport authority in revising family of design, construction and construction management contracts for multiple projects.
• Advise owner and solar provider clients in triparty agreements for solar power installation and power purchase.
• Advise owner/developers with respect to public-private partnership (P3) mixed use commercial developments.
• Represent international joint venture in negotiations with county for a nine figure design build operate maintain water reclamation facility.
• Represent botanical garden with respect to design-build contract for horticulture center.
• Represented owner of nine-figure condominium hotel in negotiation of design and construction contracts.
• Represented owner and developer of nine-figure resort in negotiation of design and construction contracts.
• Represented builder in drafting manuscript forms of design, design-build, and construction contracts and subcontracts.
• Represent owners, architects, engineers, general contractors, and subcontractors in review, revision and negotiation of contracts.
• Represented solar contractor in obtaining Registrar approval of contracts and warranties for residential and commercial projects.
• Represented condominium developer in drafting alternate dispute resolution provisions for condominium development, including condominium declaration, sales documents, design and construction contracts.

Trials, Arbitrations, Administrative Hearings and Bid Protests

• Represented health care client in federal court trial arising from disputed breach of development agreement for design and construction of micro hospital.
• Represented general contractor in arbitration arising from asserted construction defects in construction of hospital.
• Represented general contractor in arbitration against subcontractor arising from deficient work on automobile dealership.
• Represented supplier of shooting range equipment and facilities in municipal bid protest of award of contract for police department indoor firing range renovation.
• Represented general contractor in five-week jury trial against public owner and architect arising from wrongful contract termination on elementary school.
• Represented marina developer in arbitration in defense of contractor claims for differing site conditions and prosecution of counterclaims.
• Represented owners of custom home against builder for overbilling and defective work.
• Represented owner of luxury custom home against builder for defective work.
• Represented owner of luxury custom home against builder for overbilling and abandonment in administrative (Registrar) hearing and arbitration.
• Represented general contractor against private owner on claim for failure of payment in court trial.
• Represented civil engineer in defense of claim by owners for professional negligence in arbitration.
• Represented bidders in six, seven and eight-figure protests of awards on large municipality and ADOT projects.

Other Litigation

• Represented contractor in claims with federal government arising from asserted delays on construction project on air force base.
• Represented owner of high rise senior living project in defense and prosecution of delay and impact claims.
• Represented design-builder in claims arising from asserted wrongful termination on sports park project.
• Represented owner of gold mine in claims against engineer arising from design of processing plant for gold mine in Mexico.
• Represented owner/operator of data center in litigation against designer/builder arising from utility performance defects.
• Represented electric cooperative in appeals before the Armed Services Board of Contract Appeals relating to utilities privatization project on military installation.
• Represented engineering company in defending eight figure claim by contractor for negligence and tortious interference arising out of the rehabilitation of an earthen dam.
• Represented multimedia company in defense and prosecution of claims against design-builder arising from construction of a movie and television filming site.
• Represented transportation company in prosecution of claims for engineering malpractice against designers of infrastructure for an airport automated people mover system.
• Represented hi-tech manufacturing clients in disputes regarding construction delays and defects.
• Represent public university in litigation arising from fire damage restoration of campus facilities.
• Represented engineer in defending eight-figure claim by sanitary sewer district and bond purchaser against engineer and others for negligence and securities fraud.
• Represented architect in defense of eight-figure claim by large municipality on high profile public works project.
• Represented engineer in defending seven-figure claim by school district for negligent design.
• Represented municipality in defending claims by general contractor on eight-figure infrastructure project.
• Represented general contractors pursuing claims for differing site conditions against improvement district and municipalities.
• Represented owner of custom home defending six-figure payment claims by builder.
• Represented developer of multi-use project in case against builder for overbilling, fraud and defective construction.
• Represented developer of resort in claims with general contractor following contract termination.
• Represented healthcare facility owners in claims involving designers and contractors.
• Represented general contractor and surety in defense of multiple payment and bond claims by subcontractors and suppliers.
• Represented subcontractors in payment claims against general contractors, sureties, and owners.
• Represented owner of luxury custom home in seven-figure claim against seller and builder for fraud and defective construction.
• Represented municipality in defense of seven-figure contractor claim for delay and disruption

Professional Memberships and Activities

• NAIOP Hawaii Chapter, Member
• State Bar of Hawaii
• Fellow, Construction Lawyers Society of America
• State Bar of Arizona
  • Construction Law Section Executive Council, Chair (2007-2008)
• American Bar Association
  • Forum on the Construction Industry
• Arizona Builder’s Alliance
• Alliance for Construction Excellence
  • Project Delivery Methods Task Force
• American Subcontractors Association of Arizona
  • ASA National Attorneys’ Council, Chair (2013-2014)

Community Involvement

• Phoenix Rotary Club No. 100 (1997-2022)
  • Secretary (2004-2005)
  • Board of Directors (2005-2006)
  • Sergeant-at-Arms (2007-2008; 2019-2020)

Representative Presentations and Publications

• “Want to Get the Most Out of Your Contract? Use It!,” Author, Snell & Wilmer Under Construction Newsletter (May 15, 2023)
• “Arizona Trial Court Holds Owner May Recover First-Party Consequential Damages From Subcontractor Despite Prime Contract Waiver,” Author, Snell & Wilmer Under Construction Newsletter (July 2022)
• “Engineering Ethics, Professional Responsibility and Best Practices for Claims Avoidance and Mitigation,” Presenter, Structural Engineers Association of Arizona (May 2022)
• “Best Practices for Market Volatility Claims Avoidance, Mitigation and Resolution,”Presenter, Arizona Builders Alliance (March 2022)
• “Best Practices for Minimizing Errors & Omissions, Claims and Liability,” Presenter, CSI Phoenix (February 2022)
• “Design and Construction Contracts,” Presenter, Arizona State University Masters of Real Estate Development Program (February 2022)
• “Construction Cost Impacts Post-COVID,” Presenter, Private Client Seminar (June 2021)
• “Editing & Negotiating Critical Contract Terms To Limit Risk,” Presenter, Arizona Builders Alliance (April 2021)
• “Design & Construction Contracts,” Presenter, Arizona State University MRED Lecture (February 2021)
• “Design & Construction Contracts,” Presenter, Snell & Wilmer Real Estate Practice Group (January 2021)
• “Improving Recovery on Delay and Impact Claims Using American Society of Civil Engineers’ Standard,” Author, Snell & Wilmer Under Construction Newsletter (January 2021)
• “New Consensus Contract Template Offers Lean Practices to Enhance Design-Build Project Delivery,” Author, Snell & Wilmer Under Construction Newsletter (July 2020)
• “Coronavirus (COVID-19) Impact on Construction”, Organizer/Sponsor, Snell & Wilmer Construction Group Webinar (March 2020)
• “Design and Construction Contracts – Industry and Manuscript Forms,” Presenter, ASU Masters of Real Estate Development (February 2020)
• “National and Multi-State Construction Law Update,” Presenter, Private Client Seminar (February 2020)
• “Overview of ConsensusDocs^® 900 Public-Private Partnership (P3) Agreement and General Conditions,” Author, Snell & Wilmer Under Construction Newsletter (January 2020)
• “Best Practices for Managing Risk and Maximizing Success of your Team and Project,” Presenter, American Subcontractors Association (September 2019)
• “Indemnity, Damages Limitations and Dispute Resolution Clauses in Development, Design and Construction Agreements,” Presenter, Real Estate Practice Group (September 2019)
• “Contract Clauses Legal Seminar,” Presenter, Arizona Builders Alliance (April 2019)
• “Maximizing Use of ASA’s Subcontractor’s Negotiating Tip Sheets,” Presenter, ASA of Arizona (February 2019)
• “Will Your Contracts Help You Succeed or Hold You Back in 2019?,” Author, Under Construction (January 2019)
• “Construction Contracting and Administration Best Practices,” Presenter, Private Client Seminar (November 2018)
• “Design Professional Best Practices for Successful Project Delivery and Loss Prevention,” Author, Under Construction (September 2018)
• “Best Practices for Contracts, Project Delivery and Loss Prevention,” Presenter, Private Client Seminar (May 2018)
• “Recommended Do’s and Don’ts in Project Scheduling, Schedule Analysis and Delay Claims,” Author, ASA Contractor’s Compass (May 2018)
• “Negotiating Dangerous Contract Provisions,” Presenter, ABA Legal Roundtable (April 2018)
• “Practical Solutions to Common Legal Disputes in Construction,” Co-Author, Under Construction (March 2018)
• “Design and Construction Contracts – Industry and Manuscript Forms,” Presenter, ASU Masters of Real Estate Development (March 2018)
• “Contracting Tips,” Presenter, CMAA Construction Law Seminar (February 2018)
• “Arizona Court of Appeals Declines to Enforce Subcontractor Prompt Pay Protections on Federal Project,” Author, Under Construction (December 2017)
• “Practical Subcontractor Solutions to Common Legal Disputes in Construction,” Presenter, ASA of Arizona (September 2017)
• “American Society of Civil Engineers Publishes New Standard for Schedule Delay Analysis,” Author, Under Construction (September 2017)
• “Arizona Supreme Court Rules Contract Privity Is Not Required for Successful Party to Recover Attorneys’ Fees on Breach of Implied Warranty Claim,” Author, Under Construction (September 2017)
• “Arizona Supreme Court Rules in Two Cases Impacting the Construction Industry,” Author, Under Construction (June 2017)
• “Legal Issues in Design and Construction: Prompt Pay,” Presenter, ASU Sandra Day O’Connor College of Law (April 2017)
• “Negotiating Subcontracts,” Presenter, Arizona Builders Alliance (April 2017)
• “Resources for Owners Implementing Building Information Modeling in Their Projects,” Author, Under Construction (March 2017)
• “Kickoff 2017 with Better Bids and Subcontracts,” Presenter, ASA of Arizona (January 2017)
• “Federal Courts Rule Subcontractor Claimants Under Statutory Payment Bonds Need Not Exhaust Contractual Dispute Resolution Procedures to Recover Against Surety,” Author, Under Construction (December 2016)
• “Navigating Prospective Price Redeterminations Under the Federal Acquisition Regulations,” Author, Under Construction (September 2016)
• “Are You Legally Operating That Drone on Your Construction Site?” Author, Under Construction (June 2016)
• “Arizona Construction Law Update,” Presenter, Snell & Wilmer Client Event (June 2016)
• “Ethical Issues Facing Paralegals,” Presenter, Snell & Wilmer Legal Professionals Business Conference (June 2016)
• “How the FAA’s Announcement Regarding Drone Registration May Affect Drone Use in Construction,” Author, Under Construction (December 2015)
• “Danger Zone: Misclassifications of Employees as Independent Contractors,” Presenter, American Subcontractors Association National Legal Council (October 2015)
• “Arizona Construction Laws and Customs Q&A,” Author, Practical Law online publication (September 2015)
• “Arizona Court of Appeals Interprets Stricter Requirements for Payment Bond Claimants,” Author, Under Construction (June 2015)
• “Arizona State Legislature Expands Prompt Payment to Design Professionals on Public Works Projects,” Author, Under Construction (June 2015)
• “Tips for Suspending Work Without Getting Fired,” Author, Under Construction (March 2015), Author, ASA Contractor’s Compass (January 2015), Presenter, ASA Webinar (November 2013)
• “Complying with Arizona Rules and Regulations On the Practice of Professional Engineering,” Presenter, Seminar Presentation on Arizona Engineering Law (January 2015)
• “Drafting Contracts to Minimize or Avoid Claims,” Author, Under Construction (September 2014)
• “Tips for Effective Contract Dispute Resolution Clauses,” Author, Under Construction (June 2014)
• “What’s Your Damage? Tips for Effective Delay and Impact Claims,” Author, ASA Contractor’s Compass (May 2013)
• “Tips for Presenting, Analyzing and Resolving Delay and Impact Claims,” Presenter, Presentation to American Subcontractors Association National Membership (March 2013); Author, Under Construction (March 2013)
• “Prescription for Healthy Subcontracts,” Presenter, Presentation to Arizona Builders Alliance Legal Roundtable (March 2013)
• “Design-Assist – An ‘Update’ to the Introduction and Best Methods Approach,” Co-Author, Alliance for Construction Excellence (March 8, 2013)
• “Advance Integrated Practice – Create a Culture of Deep Collaboration,” Co-Author, Alliance for Construction Excellence (March 8, 2013)
• “BIM &VDC – An “Update” to the Introduction and Best Methods Approach,” Co-Author, Alliance for Construction Excellence (March 8, 2013)
• Guest Lecturer, Arizona State University, W.P. Carey School of Business, Masters in Real Estate Development program (2012-2015)
• Guest Lecturer, Arizona State University, Ira A. Fulton Schools of Engineering, Del E. Webb School of Construction (2013), and Department of Civil and Environmental Engineering
• “Contract Interpretation: How Courts Resolve Ambiguities in Contract Documents,” Presenter, Presentation to the State Bar of Arizona Construction Law Section, Annual Construction Law Update (March 2012)
• “Municipality Code Review Self-Certification Programs Can Add Exposure to Owners, Developers and Design Professionals,” Author, Under Construction (December 2011)
• “Renewable Energy in Arizona: legal issues for the construction Industry,” Presenter, Seminar Presentation to Invited Clients (November 2011)
• “Arizona Supreme Court Rules in Favor of Developer on Claim Against CGL Insurer for Cost of Repairing Defective Construction,” Author, Under Construction (September 2011)
• “Summary of Arizona’s Prompt Payment Law Regarding Private Payments,” Author, Under Construction (June 2011)
• “Contracting for Integrated Project Delivery,” Presenter, Presentation to Arizona Contractors Association (May 2011)
• “Summary of 2010 Amendments to Arizona Prompt Payment Act,” Author, Under Construction (March 2011)
• “Recordkeeping Musts for Preserving Your Claims,” Author, ASA Contractor’s Compass (October 2010)
• “Constructing Your Contract: The Art of Papering a Project,” Presenter, ASA Webinar (April 2010)
• “Healthcare Construction Needs: Now and into the Future,” Presenter, Seminar Presentation to Invited Clients (April 2010)
• “Recommended Dos and Don’ts in Project Scheduling, Schedule Analysis and Delay Claims,” Author, Under Construction (February 2010)
• Multiple Seminars, Arizona Subcontractors Association
• “Construction Management/Design-Build in Arizona” Lorman Seminar
• “Advanced Construction Law” National Business Institute
• “Legal Roundtable,” Arizona Builders’ Alliance
• “Arizona’s Prompt Payment Law,” Arizona Consulting Engineers’ Association
• “Liability for Excavation of Underground Utilities,” Arizona Utility Group Conference
• Client Alert: “Alternative Project Delivery Methods for Public Construction in Arizona”
• Client Alert: “Summary of Arizona’s Prompt Payment Law”