Michael S. Dulberg

Michael S. Dulberg

Shareholder— Joined Burch & Cracchiolo in 2000

Mike Dulberg is an AV® Preeminent 5.0 out of 5 peer review rated attorney in Martindale-Hubbell and a highly respected construction lawyer. He joined Burch & Cracchiolo in 2000 as a shareholder after practicing for sixteen years at Horne, Bistrow & Dulberg P.C., a small boutique Arizona law firm that concentrated on Construction Law. Mike also served as Assistant District Attorney in the Manhattan District Attorney's Office from 1978-1984 where he tried more than forty felony cases. 

Email Michael S. Dulberg


Martindale Hubbell AV Preeminent – Peer Rated for Highest Level of Professional Excellence
CLSA Top Construction Lawyers Fellow
Phoenix Magazine Top Lawyer - 2023


For more than 30 years, Mike’s practice has focused on construction law and litigation. He represents public and private owners, general contractors, subcontractors, material suppliers and design professionals on public and private projects in contract drafting and negotiation, claims preparation, arbitration and trial of claims, surety claims, and design professional liability issues. Mike has also handled administrative proceedings pursuant to the Arizona Procurement Code and complaints before the Registrar of Contractors. He has lectured to the State Bar of Arizona, as well as construction industry groups on various aspects of construction law.

Representative Engagements

  • Successfully prosecuted claim by engineering firm against general contractor for intentional interference with contractual relations arising out of major infrastructure project, resulting in jury verdict of more than $3 million
  • Successfully represented general contractor on $1.8 Million non-payment claim arising from renovation of Phoenix hotel involving mechanics' liens and Arizona Prompt Pay Act
  • Defended  State agencies from multi-million dollar delay claim arising from construction of public facilities
  • Prosecuted general contractor's sizeable mechanics' lien claim on Cave Creek condominium complex
  • Defended $3.7 million lien foreclosure claim and settled for nominal amount
  • Prosecuted homeowner's claim against national builder for structural deficiencies, resulting in favorable settlement
  • Negotiated $40 million construction contract for one of largest downtown Phoenix commercial developments
  • Successfully represented Owner of commercial high-rise on claim arising from chiller replacement project
  • Defended numerous multi-million dollar heavy construction claims against public entities
  • Defended municipality against significant delay claim arising from major sewer installation project, resulting in favorable settlement
  • Represented national hotel chain in connection with delay claims and mechanics' lien claims arising out of construction of North Scottsdale hotel
  • Represented national engineering firm in multiple actions involving municipality and other design professionals arising from multi-million dollar flood control project
  • Defended multi-million dollar claim brought by municipality against pipeline manufacturer for sewer pipe leaks, resulting in favorable settlement
  • Prosecuted to judgment Owner's breach of contract claim against contractor on construction of multi-building apartment complex in Peoria
  • Represented owners of unique Mesa restaurant against architect claims of wrongful termination and architectural copyright
  • Negotiated construction contract on multi-phase commercial project in Tempe
  • Defended developer of small condominium complex against construction defect claims and obtained a favorable settlement
  • Represented contractor and successfully negotiated resolution of claims arising from construction of shopping center in Oak Creek
  • Negotiated construction contract for West Valley assisted living and memory care facility
  • Represented Owner and favorably resolved numerous mechanics' lien claims against hotel property in Chandler
  • Negotiated construction contract  for Old Town Scottsdale hotel
  • Drafted construction contract on Northern Arizona car dealership
  • Represented national engineering and construction firm and successfully resolved non-payment claim arising from Mohave County mining project
  • Negotiated architectural contract on Tempe commercial development project
  • Handles all sizes of disputes involving construction issues, including delay and disruption claims, liens, contracts

Other Relevant Employment

Partner  - Horne, Bistrow & Dulberg PC, 1984-2000
Assistant District Attorney - Manhattan District Attorney, 1978-1984

Arizona's Finest Lawyers Foundation Supporter Best Lawyers - 2024

Honors & Awards

Selected, Best Lawyers in America, Construction Law, Construction Litigation, 2014-2024 editions

Selected, Phoenix Magazine, Top Lawyers, Construction Law, 2022, 2023

Selected, Arizona Business Magazine, Top Lawyers in Arizona in Construction Litigation, 2014

Selected, Arizona's Finest Lawyers, 2014-2022

Charter Fellow of the Construction Lawyers Society of America, 2017-2023

Ranked AV® Preeminent™ 5.0 out of 5*

*AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Professional Affiliations

American Bar Association
State Bar of Arizona
Member, Trial Law Instutute
Member, Diversity Law Institute


J.D., Harvard Law School, 1978

  • Civil Rights/Civil Liberties Research Committee

A.B. cum laude, Columbia College, 1975, Political Science

Admitted In

New York
United States Supreme Court
United States Court of Appeals for the Ninth Circuit
United States District Court for the District of Arizona


5 stars
Kevin Murphy:

Mike Dulberg of B&C represented our company in a complex construction claim with many complicated issues and a lot of dollars in dispute. Mike is very knowledgeable and experienced in construction law. His analysis and advocacy were first rate, and he was able to achieve a very positive resolution of our claim though mediation.

5 stars
Mr. C:

Very professional firm. Mike Dulberg did a great job taking care of my needs and looking out for my best interests.

5 stars
Chad Susnik:

I worked with Michael Dulberg to create two contracts for my new business. He exceeded my expectations with how timely he was able to deliver them! Michael was professional and communicated well. I will be working with him for any future needs and would recommend others to do so as well.

Presentations and Publications

Regularly presents at State Bar seminars and construction industry groups on construction issues

Community Involvement

Member, Columbia College Alumni Association
Member, Harvard Law School Alumni Association
Board Member, Arizona Common Cause, 1986-1988
Member, Standards Committee, Valley Citizens League, 1986-1988
Member, Air Quality Task Force, Valley Citizens League, 1988-1989
Member, Citizens Curriculum Advisory Council, Paradise Valley School Board, 1986-2009