Archived Articles and Presentations


Bankruptcy

Common Bankruptcy Issues Facing Contractor Clients Regarding Preference Claims and Defenses by Chad L. Schexnayder for Maricopa County Bar Association (2004).

The Most Important Questions a Surety Can Ask About Bankruptcy by Chad L. Schexnayder in American Bar Association (2003).

Common Bankruptcy Issues Facing Contractor Clients Regarding Preference Claims and Defenses by Chad L. Schexnayder for Maricopa County Bar Association (1998).

When Bankruptcy Law and Construction Law Cross Paths by Chad L. Schexnayder for Maricopa County Bar Association (1998).

Can't Touch That . . . by Chad L. Schexnayder at How Asset Protection Planning Affects Underwriting and Recovery for the American Bar Association, TIPS, Surety & Fidelity Committee, Orlando, Florida (August 1996).

Your Principal Is In Trouble - Bankruptcy Issues Lurking in the Shadows by Chad L. Schexnayder at the Western States Surety Conference (October 21, 1994).

Common Bankruptcy Issues Facing Contractor Clients - Preference Claims and Defenses by Chad L. Schexnayder at State Bar of Arizona, Construction Law Section (1994).

Current Bankruptcy Issues in Wiley Construction Law Update by William F. Haug and Chad L. Schexnayder (1992).

An Overview of Surety and Bankruptcy Law by Chad L. Schexnayder in Defense Research Institute Special Publication (1990).

Representing the Lender, in Construction Defaults: Rights, Duties and Liabilities by William F. Haug and Julianne C. Wheeler (1989).

Financing the Contractor by Thomas A. Joyce and William F. Haug in Bond Default Manual at Chicago ABA (1987).

Bankruptcy 1984 vs. The Surety's Right To Contract Proceeds by William F. Haug and Janis M. Haug in 20 Forum 725 (1985).

Quia Timet: A Remedy For the Fearful Surety by Curtis A. Jennings in 20 Forum 685 (1985).

Lender's Liability: Equitable Liens, in Horne, Arizona Construction Law by Curtis A. Jennings in State Bar of Arizona (1978).

Return to Top

Business Law

Common Pitfalls Business Owners Should Avoid by Matthew Sloan in North Central News (March 2012).
This article reviews and discusses common legal issues that business owners face, which, if not addressed correctly, could significantly impact their success.

Return to Top

Construction and Contract Surety

Resolving Problems and Disputes on Construction Projects by Jim Csontos at Resolving Problems and Disputes on Construction Projects (January 13, 2009).
Mr. Csontos was one of the speakers at this seminar in Phoenix, Arizona. The topics covered include differing site condition claims, contract changes and many more construction litigation related topics. For more information, contact Jim Csontos or visit National Business Institute.

What to Do When Construction Projects Go Bad in Arizona by Ed Rubacha for Lorman Education Services (February 20, 2008).
Mr. Rubacha, a partner with the firm, was one of the speakers at this seminar in Tucson, Arizona. The topics covered include Mechanics Lien Claims, Surety Bonds, Construction Insurance and many more construction related topics. For more information, contact Ed Rubacha or visit Lorman Education Services.

Using a Mechanics Lien to Get Your Money by James L. Csontos in National Business Institute, Inc. (2006).

Using a Mechanics' Lien to Get Your Money by Jim Csontos for National Business Institute (June 5, 2006).
Mr. Csontos, a partner with the firm, was one of the speakers at this seminar at the Wells Fargo Conference Center, 100 W. Washington, Phoenix, Arizona. The topics covered included Contract Documents, Payment Problems, Preparing and Recording Mechanics' Liens; Litigating Lien Foreclosures and Payment Bond Claims, and Releases. For more information, contact Jim Csontos or visit National Business Institute.

State by State Guide to Construction Contracts and Claims (Arizona chapter) by Edward Rubacha and James L. Csontos (2006-present).

Arizona Construction Law: What do you do when? by James L. Csontos (2005).

Fundamentals of Construction Law in Arizona by James L. Csontos (2004).

Mechanics' Lien Law and Strategies in Arizona by James L. Csontos (2004).

Construction Law and Mechanic's Liens in Arizona by Curtis A. Jennings (2004).

The Most Important Questions a Surety Can Ask About Bankruptcy by Chad L. Schexnayder in American Bar Association.

Alternative Dispute Resolution by Matthew H. Sloan in Arizona Builders' Alliance Legal Notes, Vol. 14, #1 (March 2003).

State by State Guide to Architect, Engineer, and Contractor Licensing (Arizona Supplement) by James L. Csontos (2002-present).

Advanced Construction Law in Arizona by James L. Csontos (2002).

50 State Construction Lien and Bond Law, Second Edition (Arizona chapter) by William F. Haug and James L. Csontos (2000-present).

Construction Payment Remedies in Arizona by James L. Csontos (2002).

Construction Law and Mechanics' Liens 2002 by Curtis A. Jennings (2002).

Analyzing and Proving Construction Project Damages in Arizona by Matthew H. Sloan (2002).

Why Won't Sureties Do What You Want Them To Do? by William F. Haug and Mark E. Barker at State Bar of Arizona, Construction Section monthly seminar (February 2001).

Advanced Construction Law in Arizona by James L. Csontos (2001).

Arizona Construction Defect Law: To flee or not to flee the California approach by Chad L. Schexnayder and Jeff R. Wilhelm in West Coast Casualty's Construction Defect Seminar, Anaheim, California (May 17-18, 2001).

Construction Payment Remedies in Arizona by James L. Csontos (2001).

The Law of Miscellaneous and Commercial Surety Bonds by Chad L. Schexnayder (2001).

Mechanics' Lien Law and Strategies in Arizona by James L. Csontos (2001).

Arizona Construction Law: What do you do when? by James L. Csontos (2001).

Construction Payment Remedies in Arizona by James L. Csontos (2000).

In Search of the Pot of Gold: Where to Find Money When It Is Not Where It Should Be by Jeff R. Wilhelm and James L. Csontos at State Bar of Arizona, Construction Section monthly seminar (April 2000).

The Law of Suretyship by Chad L. Schexnayder (2000).

Mechanics' Lien Law and Strategies in Arizona by James L. Csontos (2000).

Arizona Construction Law: What do you do when? by James L. Csontos (1999).

Mechanics' Lien Law and Strategies in Arizona by James L. Csontos (1999).

The Law of Performance Bonds by Chad L. Schexnayder (1999).

Mechanics' Lien Law and Strategies in Arizona by James L. Csontos (1998).

Arizona Mechanics' & Materialmen's Lien and Bond Claims: The 1998 Changes and Beyond . . by D. Kim Lough (1998).

Common Bankruptcy Issues Facing Contractor Clients Regarding Preference Claims and Defenses by Chad L. Schexnayder for Maricopa County Bar Association (1998).

Handling Miscellaneous Bond Claims by James L. Csontos at Western States Surety Conference (1998).

When Bankruptcy Law and Construction Law Cross Paths by Chad L. Schexnayder for Maricopa County Bar Association (1998).

The Law of Payment Bonds by Chad L. Schexnayder (1998).

Construction Payment Remedies in Arizona by James L. Csontos (1997).

Construction Surety Bonds in Arizona by D. Kim Lough (1996).

Financing Your 'Solvent' Principal - - Success or Failure by William F. Haug for Surety & Fidelity Law Committee, San Francisco, CA. (January 1996).

Mechanics' Lien Law and Strategies in Arizona by James L. Csontos (1996).

Reservations About the Reservation: Surety Concerns When Dealing With Native American Tribes by Edward Rubacha at Western States Surety Conference (1996).

Can't Touch That . . . by Chad L. Schexnayder at How Asset Protection Planning Affects Underwriting and Recovery, for the American Bar Association, TIPS, Surety & Fidelity Committee, Orlando, Florida. (August 1996).

Fifty State Construction Lien and Bond Laws Arizona Supplement by William F. Haug and James L. Csontos (1995-present).

Protect Your Rights to Payment by D. Kim Lough for the Arizona Contractors Association (1995).

Fifty State Construction Lien and Bond Laws Arizona Supplement by William F. Haug and James L. Csontos (1994).

Common Bankruptcy Issues Facing Contractor Clients - Preference Claims and Defenses by Chad L. Schexnayder at State Bar of Arizona, Construction Law Section (1994).

Arizona Construction Law by William F. Haug, Mark E. Barker and James L. Csontos in Continuing Legal Education, State Bar of Arizona (1994).

Your Principal Is in Trouble - Bankruptcy Issues Lurking in the Shadows by Chad L. Schexnayder at the Western States Surety Conference (October 21, 1994).

Mechanics Lien and Business Organization Strategies by Mark E. Barker at Seminar for the Electric League of Arizona (1993).

Fifty State Construction Lien and Bond Laws by William F. Haug and James L. Csontos (1993).

Construction Law: What do you do When . . Delay, Changed Conditions, Contract Changes by James L. Csontos (1993).

Enforcing Your Lien Rights by D. Kim Lough (1993).

Fifty State Construction Lien and Bond Laws Arizona by William F. Haug and James L. Csontos (1992).

Current Bankruptcy Issues in Wiley Construction Law Update by William F. Haug and Chad L. Schexnayder (1992).

Dodge v. Fidelity & Deposit - The Final Chapter by William F. Haug in Tips Surety & Fidelity Law Committee Newsletter (Spring-Summer 1992).

Mechanics Liens by Mark E. Barker at Seminar to Association of Builders and Contractors (1992).

Bankruptcy & Suretyship by Chad L. Schexnayder at American Bar Association Annual Meeting (1992).

Construction Law and Mechanic's Liens in Arizona by Curtis A. Jennings (1992).

Construction Law and Mechanic's Liens in Arizona by Curtis A. Jennings (1991).

Representing the Owner Against the Bank by William F. Haug in Construction Litigation: Representing the Owner (1990).

Payment Bond Claims by Floyd B. Miller and William F. Haug in Handling Fidelity, Surety and Financial Risk Claims (1990).

An Overview of Surety and Bankruptcy Law by Chad L. Schexnayder in Defense Research Institute Special Publication (1990).

Representing the Lender by William F. Haug and Julianne C. Wheeler in Construction Defaults: Rights, Duties and Liabilities (1989).

Construction Law and Mechanic's Liens in Arizona by Curtis A. Jennings (1989).

Construction Law and Mechanic's Liens in Arizona by Curtis A. Jennings (1987).

Financing the Contractor by Thomas A. Joyce and William F. Haug in Bond Default Manual (1987).

Contractor's Rights And Remedies When The Owner Breaches by William F. Haug (1985).

Quia Timet: A Remedy For the Fearful Surety by Curtis A. Jennings in 20 Forum 685 (1985).

Bankruptcy 1984 vs. The Surety's Right To Contract Proceeds by William F. Haug and Janis M. Haug in 20 Forum 725 (1985).

Surety's Liability: Bonds by William F. Haug in Horne, Arizona Construction Law (1978).

Lender's Liability: Equitable Liens by Curtis A. Jennings in Horne, Arizona Construction Law (1978).

Contractors License Bonds - Claims and Problems by William F. Haug in 2 Arizona Ins. Claimsmen's A. #5 (June 1970).

Conflicts Between Sureties by William F. Haug in ABA Section of Insurance, Negligence and Compensation Law Proceedings 98 (1970).

Little Miller Act by William F. Haug in 5 Ariz Bar J. 13 (1969).

Need For Little Miller Act In Arizona by William F. Haug in 12 Builder/Architect 9 (February 1969).

Return to Top

Construction Law

Getting a Handle on Green by Matthew H Sloan in AZRE Magazine (March-April 2010).
Mr. Sloan highlights the risk management issues for LEED construction projects.

Property Crawlers by James Csontos in AZRE Magazine (November-December 2009).
Mr. Csontos discusses what developers and owners should know about mechanics' liens claims and how they can protect themselves from claims and double payments with some basic precautions.

5 Questions With Matthew Sloan in Phoenix Business Journal (September 25, 2009).
This featured section provides information regarding common questions that the construction industry has about legal issues related to LEED and Green construction.

Construction and Bankruptcy by Matthew H. Sloan, Esq. in Legal Notes (May 2009).
A Q&A discussion of common questions that contractors ask relating to bankruptcy in the construction industry.

Intersections of Bankruptcy and Construction: Not Your Average Overview by Chad Schexnayder at 21st Annual Conference of the American College of Construction Lawyers.
The panel will focus on three key bankruptcy issues important for construction lawyers to understand: treatment of executory contracts - including strategies for addressing the uncertainty of the period before the debtor elects to assume or reject and the enforceability of cross-default provisions; the importance of the corporate form of a contract counter-party, and the treatment of mechanic's liens in bankruptcy.

Professional Liability in Design and Construction Contracts by Jim Csontos (September 9, 2008).
Mr. Csontos, a partner with the firm, was one of the speakers at this seminar at the Phoenix Airport Marriott, 1101 N. 44th Street, Phoenix, Arizona. The topics covered include litigating the negligence claim and many more related topics. For more information, contact Jim Csontos or visit National Business Institute.

Arizona Construction Law for Architects, Engineers and Contractors by Mark Barker, Jim Csontos and Ed Rubacha for HalfMoon Seminars (April 3, 2008).
Mr. Barker, Mr. Csontos and Mr. Rubacha, partners with the firm, were speakers at this seminar at the Embassy Suites Airport Hotel in Phoenix, Arizona. The topics covered include Surety Payment and Performance Bonds, Key Contract Clauses and many more construction related topics. For more information, contact Mark Barker, Jim Csontos or Ed Rubacha or visit HalfMoon Seminars.

Builders, Construction Contractors and Developers in Bankruptcy by Chad Schexnayder for American Bar Association Tort and Insurance Practice Section (February 20, 2008).
Mr. Schexnayder, a partner with the firm, was one of the speakers at this seminar. The topics covered include Basis Bankruptcy Law, Strategies for Working Out a Contractor's Debt, Subcontractor and Supplier Payment Issues and many more construction/bankruptcy related topics. For more information, contact Chad Schexnayder.

Construction Law Fundamentals: Managing Project Risk by Jim Csontos for National Business Institute (December 12, 2007).
Mr. Csontos, a partner with the firm, was one of the speakers at this seminar in Phoenix, Arizona. The topics covered include Reducing Project Risk, Project Management Tips and Techniques, Overcoming Common Construction Problems and many more construction related topics. For more information, contact Jim Csontos or visit National Business Institute.

Builders, Construction Contractors and Developers in Bankruptcy by Chad Schexnayder for American Bar Association Tort and Insurance Practice Section (February 20, 2007).
Mr. Schexnayder, a partner with the firm, was one of the speakers at this seminar. The topics covered include Basis Bankruptcy Law, Strategies for Working Out a Contractor's Debt, Subcontractor and Supplier Payment Issues and many more construction/bankruptcy related topics. For more information, contact Chad Schexnayder.

Managing Complex Construction Law Issues by Jim Csontos for National Business Institute (September 8, 2006).
Mr. Csontos, a partner with the firm, was one of the speakers at this seminar at the Hyatt Regency Phoenix, 122 North Second Street, Phoenix, Arizona. The topics covered include Project Delivery Methods, Contract Drafting Issues, Scheduling Issues and Resolving Disputes. For more information, contact Jim Csontos or visit National Business Institute.

Managing Complex Construction Law Issues by James L. Csontos in National Business Institute, Inc. (2006).

No License? No Problem... by James L. Csontos at the Construction Section of the Arizona State Bar Association meeting (September 5, 2006).

Return to Top

Environmental Law

Groundwater Faces New Risks as In-Situ Leach Mining Comes to the Westby Ronnie Hawks (Fall 2012)
In many parts of the country, fracking has become a hot issue, spurring public debate, novel legal issues, and cries for additional regulatory oversight. Here in the desert southwest, where water scarcity makes groundwater a precious and coveted resource, a related concept poses many of the same issues and challenges. In-situ leach (ISL) mining has ignited significant and often-times heated debate between mining proponents, regulators, residents and environmentalists. Although used in other parts of the country for uranium mining, ISL mining for copper has recently been proposed at sites in Arizona as a way to revitalize old mines and to extract virgin mineral resources.

White Paper: Hexavalent Chromium Standards for Drinking Water Being Evaluated as Health Effects are Reviewed by Ronnie Hawks (Summer 2012)
In response to a toxicity study by the National Toxicology Program in 2008, USEPA began a review of the health effects of hexavalent chromium. USEPA released a draft assessment of hexavalent chromium in 2010. An independent peer review panel urged USEPA to consider additional research then being completed before the agency finalized its assessment. The agency expects to make a new draft available to the public in the third quarter of 2013, with a final assessment in 2014. The health assessment could form the basis for stricter total chromium limits in drinking water, or a separate drinking water standard for hexavalent chromium. That would in turn trigger stricter cleanup standards at Superfund and other sites where chromium is present. Stricter drinking water standards also could significantly increase treatment costs for water providers.

WQARF and CERCLA Contaminated Property Cleanup and Liability, The Most Commonly Asked Questions in Environmental Law(2011) by Ronnie P. Hawks, and Karen S. Gaylord. A publication by the Maricopa County Bar Association's Environmental Law Section, chapter 6 of the second edition.

Real Estate Transactions, The Most Commonly Asked Questions in Environmental Law(2011) by Ronnie P. Hawks. A publication by the Maricopa County Bar Association's Environmental Law Section, chapter 7 of the second edition.

Return to Top

Estate Planning, Trusts & Probate

Caring for Aging Parents by Hillary Gagnon
Many of us have undertaken or anticipate undertaking the care of our aging parents. Although it may be difficult to discuss end of life issues with our parents, such discussions and pre-planning are essential.

Changes to Federal Estate & Gift Tax Laws by Hillary Gagnon (January 2011)
The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 made several significant changes to wealth transfer taxes, effective January 1, 2011.

Inexpensive Estate Planning Strategies by Hillary Gagnon (June 2010).
Estate planning can feel a little overwhelming. This guide provides an overview of the key elements and benefits of having your estate plan in place so you know what to expect, and to facilitate the process.

Understanding the Revocable Living Trust by Hillary Gagnon (May 2010).
The Revocable Living Trust is the primary legal document in a typical estate plan. It controls the management and transfer of assets. This article discusses the benefits of a Revocable Living Trust and keys to preparing the document.

8 Life Stages of Estate Planning by G.M. Filisko on Bankrate.com (October 13, 2009).
Hillary Gagnon was included in this article discussing key stages of life when individual and families should evaluate and consider their estate planning and what important factors contribute to changes to an estate plan.

Estate Planning and the Special Needs Trust: Protect the Future of Your Special Needs Child by Hillary Gagnon (August 2009).
This article explains the importance of proper estate planning and serves to aid parents of children with special needs in protecting the child's personal and financial future and increase his quality of life, in the event of a parent's death or incapacity.

Return to Top

Fidelity and Financial Institution Bonds

Actions Against Fidelity Carrier by William F. Haug in National Institute: Fidelity Bonds (1991).

Action Against Fidelity Carrier by William F. Haug in National Institute On Employee Dishonesty (1983).

Effect of Decision by Insurer Not to Defend Insured Against Claims Cognizable Under Bonds by William F. Haug in 12 Forum 410 (1976).

Liability of Surety Limited to Risks Assumed in Fidelity Contract by William F. Haug in 10 Forum 91 (1974).

Fraudulent or Dishonest Acts by William F. Haug in 8 Forum 615 (1973).

Public Official Bonds - Judgments Against Principal As Binding Surety by William F. Haug in 34 Ins. Couns. J. 573 (1967).

Return to Top

General Articles

Uninsured and Underinsured Coverage in Arizona by John R. Cunningham (2002).

Lessor Liability For Environmental Clean-Up: How Far Will It Extend? by John G. Sinodis in UAEL Newsline, Vol. 3, No. 1, (March-April 1997).

Law Firm Management & Economics by Curtis A. Jennings for State Bar of Arizona (1993).

An Overview of Arizona Civil RICO by James L. Csontos (1989).

Small Business Regulation: Let Our People Go by John G. Sinodis at SSBIA Conference, Dallas, Texas (1982).

The law firm of Jennings Haug Cunningham serves businesses and individual clients in Phoenix and throughout the state of Arizona, including greater metropolitan Phoenix, Tucson, Flagstaff, Prescott and we accept select cases in the southwest United States and California.

Return to Top

Lawyer Liability

When Does Another Lawyer’s Unethical Conduct Become Your Problem? by Russell Yurk in for The Defense (October 2013).
The legal profession is largely self-regulating. Similar to the United States’ three-branch government, lawyers are expected to serve as checks and balances on the conduct of each other. Indeed, the legal profession and the judiciary, typically through a bar association or state supreme court, oversee lawyer conduct. Consequently, in certain situations, lawyers have a duty to report the unethical conduct of others.

Top 10 Legal Ethics Mistakes and How to Avoid Them by Russell Yurk for The Maricopa Lawyer .

This is a series of articles that covers each of the top 10 most common legal ethics mistakes that lawyers make, and obtain advice on how to avoid them.

Lawyer Liability & Ethics Q&A by Russell Yurk for The Maricopa Lawyer.

This is series of questions, which was published monthly in The Maricopa Lawyer, about legal ethics issues submitted by readers and the response offered by Russell Yurk who practices in legal liability and ethics law.

Litigation

New Risks To Defaulting Homeowners by Matthew Sloan in The North Central News (May 2012).

Many believe Arizona laws protect all defaulting homeowners from liability to their mortgage lenders. Last month, Arizona's Court of Appeals ruled that lenders have the right under Arizona law to sue "cash-out" borrowers on refinanced home loans in default. Many affected are homeowners who refinanced and "cashed out" during the appreciation boom of the mid 2000's.

How to Deal with the 'Rambo' Litigator and Avoid Dirty Litigation Tactics by Jim Csontos for National Business Institute (June 25, 2008).

Mr. Csontos was one of the speakers at this seminar in Phoenix, Arizona. The topics covered include Effective Remedies and many more litigation related topics.

Litigating the Uninsured & Underinsured Motorist Claim by Jack Cunningham for National Business Institute (December 7, 2007).

Mr. Cunningham was one of the speakers at this seminar at the Hilton Scottsdale Resort & Villas in Scottsdale, Arizona. The topics covered include Recent Legal Developments, Effective Settlement and Mediation, Prosecution and Defense of UM/UIM Claims.

Return to Top

Surety & Fidelity Law

Enforcement of Collateral Security Clauses in the Ninth Circuit by Matthew Sloan for the Surety & Fidelity Claims Institute Newsletter (May 2012, pages 11 - 14).

There are many rights afforded to a surety under a General Agreement of Indemnity. One of those rights is the right to demand and obtain collateral from the principal and any indemnitors once the surety receives a claim. This article discusses collateral security clauses as historically viewed by the Ninth Circuit.

Pearlman 2008 by Chad Schexnayder and Edward Rubacha (September 2008).

Mr. Schexnayder and Mr. Rubacha presented at the annual surety seminar held in Seattle, Washington. The main topic at this year's seminar dealt with complex bankruptcy matters. Mr. Schexnayder is a recognized national speaker in this area. Mr. Rubacha spoke on tribes and tribal entities from the surety's and the tribe's perspective. Mr. Rubacha is a nationally-known resource in the area of construction in Tribal Land with tribes and tribal entities from the contractors' and sureties' side.

The Surety's Indemnity Agreement - Law & Practice by Chad Schexnayder for the Tort Trial & Insurance Practice Section (May 9, 2008).

Mr. Schexnayder was a presenter at the American Bar Association's Tort Trial & Insurance Practice Section, covering topics including underwriting risks, tribal principals, bankruptcy and various other surety related topics.

National Bond Claims Association's Annual Seminar by Jim Csontos (October 11, 2007).
Mr. Csontos, a partner with the firm, was one of the speakers at this seminar, held October 11-12, 2007 at the Scottsdale Resort and Conference Center in Scottsdale, Arizona. For more information, contact Jim Csontos or visit National Bond Claims Association.

Return to Top