Jason Ebe

Practice Areas

Jason Ebe serves as co-chair of the firm’s nationally ranked construction industry practice. Jason draws from his 25 year experience as a Rotarian to evaluate transactions and disputes from all stakeholder perspectives and navigate paths calculated to overcome challenges and achieve results that maximize project and matter success for the benefit of his clients and the industry. Jason is a Fellow of the Construction Lawyers Society of America, an invitation-only construction lawyer honorary society with membership limited to 1,200 practicing Fellows from the United States and internationally. He frequently represents owners, developers, contractors, subcontractors and design professionals in all aspects of design and construction transactions and disputes in Arizona, nationally and internationally. Jason is a frequent counselor, negotiator, litigator, author and speaker on a wide range of construction issues and topics, and has served in senior leadership positions in local and national construction industry organizations. His relevant and recent project experience includes public and private infrastructure, including military installations, federal government facilities, football stadiums (professional and collegiate), airport, marina, transportation, water/wastewater, and public-private partnerships (P3s); natural resources, including solar and mining; healthcare, including acute care, medical office and senior living; commercial office, retail, mixed-use, data centers, and hi-tech manufacturing; education (universities and K-12); entertainment, hospitality, resorts, convention centers and casino; sports and recreational; and high-rise, multifamily and single family residential. Jason is well versed in advanced project delivery methods, including integrated design build and design assist, construction management at risk, and job order contracting. Jason also counsels clients on the impacts on construction and responsive action best practices in light of the coronavirus (COVID-19) pandemic.

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)

"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)

"Overview of ConsensusDocs® 900 Public-Private Partnership (P3) Agreement and General Conditions," Author, Snell & Wilmer Under Construction Newsletter (January 2020)

"Will Your Contracts Help You Succeed or Hold You Back in 2019?" Author, Under Construction (January 2019)

"Design Professional Best Practices for Successful Project Delivery and Loss Prevention," Author, Under Construction (September 2018)

"Recommended Do’s and Don’ts in Project Scheduling, Schedule Analysis and Delay Claims," Author, ASA Contractor’s Compass (May 2018)

"Practical Solutions to Common Legal Disputes in Construction," Co-Author, Under Construction (March 2018)

"Arizona Court of Appeals Declines to Enforce Subcontractor Prompt Pay Protections on Federal Project," Author, Under Construction (December 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)

"Resources for Owners Implementing Building Information Modeling in Their Projects," Author, Under Construction (March 2017)

Work Highlights

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.

Advised owner and solar provider clients in triparty agreements for solar power installation and power purchase.

Advised 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 & 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