Professional Profile of Wayne B. Ducharme

Mr. Ducharme is an accomplished construction attorney/CPA with 30 years' legal experience in Arizona and California courts in all phases of dispute resolution including administrative proceedings, mediation, arbitration, trial and appellate practice with a focus on construction law. Prior to his extensive legal experience, he worked in construction engineering and contracting for 15 years, preparing plans and specifications and construction management.

He has handled all phases of construction law including contract review, construction claims, mechanic’s liens, construction defects, surety claims, and appellate work.

Mr. Ducharme represents contractors, subcontractors, owners, architects and engineers. He has represented numerous school districts in California in construction and general facilities matters.

Before starting his own practice, Mr. Ducharme was affiliated with top tier law firms as a construction lawyer including Snell & Wilmer in Phoenix, a full-service business law firm with more than 400 attorneys (rated top firm in Arizona) and Polsinelli, a national law firm of over 600 lawyers. He has big firm experience and training with the practical perspective of smaller clients’ legal needs.

Education

California State University, Northridge 1979
B.B.A., summa cum laude, Accounting
Honors: Phi Kappa Phi; Beta Alpha Psi; Beta Gamma Sigma; Alpha Gamma Sigma, Dean's List

University of California, Hastings College of Law, San Francisco, California 1986
J.D., Moot Court Participant

Los Angeles County Bar Association 1996
Certificate in Mediation, Alternate Dispute Resolution

University of Illinois at Urbana-Champaign, CPA 1996
Manitoba Institute of Technology – Architectural Construction Certificate

Court Admissions

Arizona Supreme Court 1986
California Supreme Court 1988
U.S. District Court, Central District of California1988
U.S. District Court, District of Arizona Court 2003
U.S. Court of Appeals, Ninth Circuit 2007

Recent Appellate Opinions

Technology Construction, Inc. v. City of Kingman, WL 2113645 (Ariz. App. 2012) (published). Case of first impression in Arizona regarding “no liability” provision in special improvement district construction contract and material price increases following Hurricane Katrina. Judgment in favor of client for $500,000.

Warne Investments, Ltd. v. Higgins, 219 Ariz. 186, 195 P.3d 645 (Ariz. App. 2008). Reversed verdict of personal liability of officer/shareholder for successor corporate liability.

Westside Forest Products, Inc. v. Steven's Custom, Inc., WL 5264988, (Ariz. App. 2008). Successfully reversed trial court judgment against Steven's Custom based on choice of laws and statute of limitations.

Associations

Certified Public Accountant, Illinois
Arizona State Bar, Business and Construction Law Sections
 

Recent Publications

"Overview of Construction Accounting Methods and Tax Consequences." Arizona Construction Law Practice Manual (2nd ed.) ch. 1.7. Arizona State Bar, 2011. (Co-author)

"Federal, State and Local Programs for Contracting With Minority, Women, Disadvantaged and Veteran Owned Small Businesses." Arizona Construction Law Practice Manual (2nd ed.) ch. 2.2. Arizona State Bar, 2011

Recent Presentations

"Rewards and Pitfalls of Trial Experts." Arizona Society of CPA's. Phoenix. December 2011.

“Overview of Federal Programs for Contracting with Minority, Women, Disadvantaged and Veteran Owned Small Businesses." Arizona State Bar CLE Program. Phoenix. October 2011.

"Priority of Liens and Other Remedies, Prompt Payment Act Amendments." Lorman Education Services. Phoenix. May 2011.

Other Presentations

  • Arizona Liens, Stop Notices and Payment Bonds for Arizona Subcontractors:
    Presented at Austin Industries Mentor Seminar
  • Getting Paid: Beyond the Mechanic's Lien and Stop Notice:
    Presented to Associated General Contractors of California
  • Reviewing Contracts Associated with School Construction:
    Presented to California Building Officials
  • California Construction Law for Construction Managers:
    Presented at Polytechnical University, Pomona, California
  • It's The Law Now:
    Presented to California School Building Officials
  • California Prompt Payment, Mechanic's Lien, Stop Notice and Payment Bond:
    Presented at Training Workshop for Project Managers
  • Defects in Architectural Drawings and Approval of Non-Complying Submittals:
    Presented to Los Angeles Surety Claims Association