Melvin C. Cohen

As a shareholder of Mesch, Clark & Rothschild, P.C., Mel Cohen’s practice focuses on commercial transactions and litigation involving commercial contracts and construction, real estate and employment law. 

Mel received his J.D. from the University of Pittsburgh. His experience in construction began as a Deputy County Attorney for Pima County in 1974 drafting contracts for the construction of wastewater treatment plants, pipeline projects and parks, and litigating construction, zoning, election and employment disputes. He was instrumental in the creation of the Merit System and worked on County ordinances governing flood plains and building codes. He has won landmark appellate cases in construction surety, employment and arbitration matters, including a landmark Arizona case establishing the tort of wrongful discharge.  Mel is listed as one of the Best Lawyers in America in the area of Construction Law.

After leaving the government, he went into private practice representing general contractors, subcontractors, owners, sureties, suppliers, fabricators, design professionals and developers.  The litigation, arbitration and mediation claims he has managed have included schools, auditoriums, mining projects, telescopes, water and sewer projects, parks, large private residences, highways and other large construction projects.  Mel’s experience in contract negotiations and drafting includes commercial lending, real estate acquisition, leases, manufacturing agreements, mergers and acquisitions and employment agreements.

Mel’s goal is to master his client’s problems, routing out issues and vulnerabilities and then overlaying them with appropriate legal resolutions. His approach to practicing law is to step back and view the world of an individual client’s needs, which enables him to communicate strategies, analyze and shift risks and create long-term solutions. When litigation is required, Mel initiates a comprehensive plan of analysis and preparation. He also draws upon his cadre of foremost experts which he has developed over the years. He likens litigation to the game of chess, where ingenuity and calculated forecasting often enable the “check mate.”

Mel is affiliated with the Executive Council of the Arizona Bar Construction Law Section and Disputes Avoidance and Resolution Division of the American Bar Association Construction Forum. In addition, he is active in the Saguaro Rotary, is the Chairman of the Israel Bonds Committee, and sits on the board of the Hillel Foundation at the University of Arizona.  Mel was also a long-time Board member of the Network of Leading Law Firms.

He is a student of the art of Tai Chi and ancient Jewish texts.

Areas of practice include:

Real Estate Law
Construction and Surety Law
Arbitration and Mediation
Civil and Commercial Litigation

Articles:

Building The Family Compound: A Construction Lawyer's Home Project
No Damages-For-Delay Clauses Are Enforceable
Notes From My Desk
Owner Windfalls In Design/Build Contracts
Protect Yourself From Standard Real Estate & Architect Agreements
Recommended Additions To Architecture Contracts
Terms That Should Be Included in a Real Estate Contract
Terms That Should Be Included In Architecture Contracts