Fitzgibbons Law Offices - Casa Grande and Maricopa Lawyers



Commercial Litigation with a Focus on Your Objectives

David Fitzgibbons   Denis Fitzgibbons   Ed van Vianen  





van Vianen


Comprehensive, client-focused legal representation in business, commercial, and real estate litigation for clients throughout central and southern Arizona.

When a business or real estate dispute involves a serious threat to you and your company, you can count on the experience and results-focused representation of the litigation attorneys at Fitzgibbons Law Offices.

General Commercial Litigation

You will benefit from our extensive experience in handling a wide variety of business disputes. We have the skills and knowledge needed to resolve even the most contentious and difficult commercial litigation cases, including:

  • Complex contract disputes

  • Shareholder, partner and LLC member disputes

  • Officer and director liability

  • Eminent domain

  • Franchising disputes

In a recent dispute, the firm helped a seed company recover contractual payments owed to it by a grower to which our client had advanced seed. The grower was being bought out by another entity and, during the buyout, our client stood in a long line for payment with numerous other creditors of the grower. Our client received full payment before the funds ran out.

Business torts

While most business relationships are based on contractual agreements and, thus, are subject to contract law, one business can sue another based on tort law if it suffers harm because of the negligent or intentional acts of the other business. Examples of business torts include:

  • Interference with business activities

  • Misrepresentation and fraud

  • Deceptive trade practices

  • Interference with contractual relationships

  • Trade secret misappropriation

  • Breach of fiduciary relationships

  • Misappropriation of business opportunities

  • Conspiracy

As a recent example of business tort litigation, the firm achieved a successful recovery for a farm that was mistakenly defoliated by a crop duster.

Real Estate Litigation

Our real estate attorneys' experience in negotiating and drafting real estate transactions gives them a thorough understanding of how to analyze real estate agreements when a dispute arises. Our attorneys handle a wide variety of real estate litigation cases, including:

  • Landlord/tenant and lease issues

  • Holdovers and lockouts

  • HOA enforcement

  • Contract violations

  • Boundary issues

  • Real estate development

  • Escrow matters

  • Complex quiet title actions

  • Eminent domain

  • Water rights

  • Deficiency actions

  • Fraud and misrepresentation

  • Easements

  • Land use

  • Brokerage

  • Appraisal

  • Survey

  • Property management

In a recent matter, the firm defended a leader of a group of homeowners who had voted in new CC&Rs for her subdivision’s homeowners association. The HOA sought to invalidate the new CC&Rs and sued our client for her activity in getting the new CC&Rs approved. We were successful in convincing the court that the new CC&Rs were valid and that our client had done nothing wrong.

Construction Disputes

Our commercial litigation attorneys have experience handling a variety of disputes involving construction projects. We assist clients in construction defect-related matters as well as contractor disputes, including contractual and payment issues with a project's contractors and subcontractors.