David A. Fitzgibbons III

Representative Cases

Banking Facilitated the growth of a local community bank: Negotiated contracts and leases; handled corporate matters, including the bylaws, annual meeting, and shareholder disputes and other issues; represented the bank and its board of directors in the sale of the bank for over $30 million.

Real Estate Development Represented the owner of a 10-acre Casa Grande parcel in the development of commercial condominiums: Prepared the condominium plat; drafted CC&Rs; achieved approval of the plat before the Planning and Zoning Commission and City Council; and negotiated leases and purchase agreements.

Government Relations, Real Estate Development and Business Law Represented an out-of-state corporation in the purchase and development of 40 acres near Casa Grande: introduced the client to the Mayor, City Council members and various city department heads; negotiated zoning and land use with city officials; represented the client with regard to construction contracts, financing and project completion.

Business Tort Achieved a successful recovery for a farmer whose field was mistakenly defoliated by a crop duster; the recovery allowed the farm to finance the next crop.

Loan Restructuring Helped save the investment of the owner and developer of a commercial building who, after borrowing money to build the project, ran out of money: Negotiated a rent structure with potential tenants whereby the tenant paid for their specific improvements in exchange for rent during the initial year; negotiated with the bank to restructure the payments on the loan.

Mediation A local farmer contracted to export bales of hay to an international consortium at a set price per bale. After the farmer began growing the crop, the price plummeted. As the hay began to come off the field, the buyer stopped picking up the hay, and it became damaged by the elements. The buyer paid for only a portion of the hay, and the farmer began selling the hay to third parties. Late in the season, the price for hay rose, and the buyer demanded all of the hay under contract. The buyer claimed significant damages for the loss of profit based on the contracted hay price. The farmer claimed damages from the loss of hay that stood in the field. We mediated the case and reached an agreement whereby the farmer (a) was allowed to keep the monies he received for the sale of some of the hay and (b) agreed to grow additional hay for the buyer the next year at a set price.