James Palecek

JAMES J. PALECEK is a co-managing member of Palecek & Palecek, PLLC. Mr. Palecek received his Political Science degree from Duke University in 1988 and received his Juris Doctorate degree from the University of Denver, College of Law in 1993. He started out his legal career in Ohio in 1995 as an associate in a law firm founded by his father, so he is celebrating his 30th year as a lawyer in 2025.  He has been practicing in Arizona since 1997, during which time he has been representing and advising construction, real estate, and other corporate clients in business transactions and in litigation. His clientele has included suppliers/vendors, subcontractors, general contractors, developers, consultants, and owners in both the commercial and residential construction arenas and in both the public and private sectors.

In addition to a focus on construction law, he has also led the Firm’s corporate transactional and real estate practice areas since 2002.

Construction Law Transactions
His practice includes all areas of construction law, including reviewing, drafting, and negotiating small to large-scale contracts, including Consensus Docs and AIA contracts. He has developed several Master Contracts over the years, including Owner – GC, GC – Sub, and Sub – Sub.

Construction Law Litigation
Construction Law LitigationJim has argued numerous construction cases in both federal and state court within the State of Arizona, before the Arizona Registrar of Contractors, in AAA Arbitration / Mediation, and at the Court of Appeals. He has also argued and mediated cases in Chicago, Miami, and Las Vegas.

Corporate Transactions and Disputes
Mr. Palecek leads the Firm’s corporate transactions, including the organization of entities, stock purchase transactions, reviewing, drafting, and negotiating Operating Agreements, By-Laws, Non-Compete Agreements, Non-Solicitation Agreements, Non-Disclosure Agreements, Confidentiality Agreements, Minutes, and other corporate dealings. He has been involved in shareholder dispute negotiations and litigation, shareholder buy-out issues, negotiations related to breaches of fiduciary duty within an organization, corporate dissolution negotiations, and other transactions and dealings between and among business owners in the corporate setting.

Real Estate Law
Jim has also led the firm’s real estate practice, handling real estate transactions, real estate disputes, and real estate litigation, including claims of misrepresentation and breach of implied warranties.

Speaking Engagements
Mr. Palecek’s speaking engagements over the years have included national and local seminars on a variety of construction law topics including: Bid Terms and Conditions, Red-flag contract clauses, Legal Mechanisms to Effect and Protect Payment, the Fine Art of Obtaining Final Payment, Indemnity Clauses, No Damage for Delay Clauses, Statutory Waivers of Rights, Condition Precedent Payment language, Change Order issues, Arbitration / Attorney’s Fees Clauses, and Liens and Bond Claims.

Volunteer Activities in the Construction Industry
Mr. Palecek has also volunteered his time in the Construction Industry over these many years, advising contractor groups on legal issues and participating in indemnity and retention reform at the Arizona State Legislature. He has also served on the Board of Directors of the Arizona Subcontractors Association for a number of terms, a member of the ASA Attorney’s Council at both the state and national level.  He is currently on the Board of Arizonans for Fair Contracting.  Jim is also a member of the Arizona State Bar Construction Law Section.

Personal
Jim has practiced with his sister, Karen, since 1997.  Jim has an amazing daughter, Payton, who will be attending the University of Arizona in the fall of 2025.  He is personally interested and has been active in youth education and sports and in developing the hearts and minds of young people to grow their confidence in their daily lives and to develop their character to lead in the future.

Jim is proud to have spent 7+ years on the Board of Hunkapi Programs, Inc., an equine therapy farm in Scottsdale, Arizona, which continues to serve the needs of children and adults with brain injuries and other trauma-related disorders.  Jim is also an avid Duke basketball fan and enjoys coaching basketball at the youth and high school levels.  Finally, he would like to say he is good at golf but must be transparent to say only that he enjoys golfing with his friends.