Chad L. Schexnayder
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Areas Of Practice

  • Surety & Fidelity Law
  • Construction Law
  • Litigation
  • Business Law
  • Bankruptcy
  • Commercial Real Estate
  • Mediation & Arbitration
  • Appeals

Overview

Bar Admissions

Education

Published Works

Honors and Awards

Professional Associations and Memberships

Classes and Seminars

Martindale

Chad Schexnayder, a veteran partner at Jennings, Haug & Cunningham, has achieved national recognition as a successful commercial litigator, trial attorney, author, speaker and consultant.  His areas of practice include Fidelity & Surety, construction law, bankruptcy, real estate, residential construction defects and personal injury defense.

Clients and colleagues in Arizona, as well as across the country, depend on Mr. Schexnayder to deliver insightful legal analysis and help resolve complex business disputes.  His experience, knowledge of the law and negotiation skills are well known, and he is frequently retained as a mediator and arbitrator by parties in commercial litigation.

For decades, Mr. Schexnayder has been an active member of the American Bar Association (ABA), often appearing as a speaker at ABA’s Tort, Trial & Insurance Practice Section’s (TIPS) Fidelity & Surety Law Committee (FSLC) programs.  He has edited, authored and contributed to dozens of industry publications and his current project is working as co-editor of “Surety Aspects of Bankruptcy Law and Practice” to be published and nationally distributed by the ABA later in 2020.

In August of 2020, Mr. Schexnayder will assume the position of Chair of the FSLC and serve a one-year term in that capacity.  The honor of service as chair is bestowed upon individuals who have developed successful surety, construction or fidelity law practices, demonstrated leadership in the industry and supported the professional development mission of the ABA and its committees.

Bar Admissions

  • Arizona
  • U.S. District Court District of Arizona
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. Court of Federal Claims

Education

  • Arizona State University, College of Law, Tempe, Arizona
    • J.D. - 1984
    • Honors: cum laude
  • Washington University, St. Louis
    • B.A. - 1981
    • Honors: cum laude
    • Major: French & Political Science

Published Works

  • Managing and Litigating the Complex Surety Case, Third Edition for the American Bar Association (2018); Chapter 12, Navigating In and Around Bankruptcy.
  • The Quick Reference Guide to Western States Surety & Fidelity Law, Editor, WSSC, LLC (2006-2020)
  • The Quick Reference Guide to Western States Surety Law, Editor, WSSC, LLC (2006 - 2015)
  • Bond Default Manual, 4th ed. Author, Chapter 13, American Bar Association, 2015
  • The Surety Underwriter's Desk Book, Co-Editors, Schexnayder, Chad and McNamara, Mary Alice, American Bar Association, 2014
  • The Contract Bond Surety's Subrogation Rights, Author, Chapter 11, American Bar Association, 2013
  • The Law of Commercial Surety and Miscellaneous Bonds, 2nd Edition, Author, Chapter 5, American Bar Association, 2012
  • Salvage: Tax Refunds, Fidelity and Surety Law Committee Newsletter, American Bar Association, Fall, 2011
  • The Law of Payment Bonds, 2nd Ed., Chapter 12, American Bar Association, 2011
  • Intersections of Bankruptcy and Construction: Treatment of Executory Construction Contracts and Mechanic's Liens in Bankruptcy, Griffin, Deborah S., Martin, Hon. Robert, Schexnayder, Chad, Journal of the American College of Construction Lawyers, Vol. 4, No. 2, Summer, 2010
  • The Surety and Bankruptcy, Chapter 2, American Bar Association, 2010
  • The Law of Performance Bonds, 2nd Ed., Chapter 14, American Bar Association, 2009
  • The Indemnity Agreement in Bankruptcy, of The Surety's Indemnity Agreement: Law and Practice, 2nd Ed., Chapter XI, , American Bar Association, May, 2008
  • Housing Market Crunch - Homebuilder Failures and the Surety, Author and Speaker, Western States Surety Conference, Seattle, Washington, 2008
  • Homebuilder Bankruptcies and the Surety; A Bankruptcy Primer, Pearlman Conference, Woodinville, Washington, 2008
  • The Most Important Questions a Surety Can Ask About Bankruptcy, Second Edition, American Bar Association, 2003
  • The Law of Miscellaneous and Commercial Surety Bonds, Chapter 5, American Bar Association, 2001
  • Bankruptcy and The Surety, in The Law of Suretyship, Second Edition, Chapter 20, Gallagher, Edward G., Editor, American Bar Association, 2000
  • An Overview of Surety and Bankruptcy Law, a monograph published by the Defense Research Institute, 1990

Honors and Awards

  • Listed in The Best Lawyers in America®, Construction Litigation (2010-2019)
  • Selected for inclusion in the Southwest Super Lawyers® lists, Construction/Surety, Business Litigation, Bankruptcy & Creditor/Debtor Rights, (2007-2009, 2011-2015)
  • Arizona’s Finest Lawyers®
  • Martindale-Hubbell, Top Rated Lawyers®, Construction Law

Professional Associations and Memberships

  • State Bar of Arizona, Construction Law Section, Member
  • State Bar of Arizona, Bankruptcy Law Section, Member
  • American Bar Association, Tort & Insurance Practice Section
  • Chair of the Fidelity and Surety Law General Committee, 2020-2021
  • American Bar Association, Member, Forum on the Construction Industry

Classes/Seminars

  • Presenter, "Commercial Surety Bankruptcies" for the Surety Association of Northern California , 09/01/2020
  • Panelist, "Covid-19 and Construction Part II: PPP Loans, Insurance Coverage and Bonding Issues" for the Construction Section of the State Bar of Arizona , 08/01/2020
  • Speaker, Binding Corporate Indemnitors and Issues Related to Recovery Against Them And Any Subsidiaries, Affiliates Or Third Parties, Annual Meeting of the Surety Claims Institute, Santa Fe, New Mexico, 06/25/2015
  • Speaker, Bond Default Manual, 4th ed. American Bar Association, TIPS, Fidelity and Surety Law Committee, La Jolla, California, 05/07/2015
  • Speaker, "After the Race, Practical Issues in the Indemnitor’s Bankruptcy, American Bar Association, TIPS, Fidelity and Surety Law Committee, Louisville, Kentucky, 05/08/2014
  • Speaker, Mid-South Commercial Law Institute, Nashville, Tennessee, 12/05/2013
  • Virtual Seminar; The Surety Underwriters Desk Book, National Association of Surety Bond Producers, 06/07/2013
  • Municipal Bankruptcy, Chapter 9, Pearlman Association, 09/06/2012
  • Speaker, It's Only Money-The Economic Loss Rule’s Impact on Surety Claims and Subrogation, Western States Surety Conference, 2011
  • Speaker, The Surety as Creditor: Strategies and Practice Considerations, Pearlman Conference, Woodinville, Washington, 09/10/2009
  • Speaker, "Builders, Construction Contractors and Developers in Bankruptcy", American Bar Association, 2008
  • Speaker, Claims for Loss of Labor Productivity/ Efficiency, Western States Surety Conference, Seattle, Washington, 05/19/2006
  • Speaker, Bankruptcy Hors D'Oeuvres For The Construction Lawyer, The Interplay Between Bankruptcy and Construction Law, The Construction Law Section, State Bar of Arizona, 01/03/2006
  • Speaker, Navigating Your Way Through a Bond Principal's Bankruptcy, Commercial Surety Seminar, Surety Association of America, Phoenix, Arizona, 06/02/2005
  • Speaker, The Principal’s Defense of the Surety, Western States Surety Conference, 05/15/2005
  • Speaker, Common Bankruptcy Issues Facing Contractor Clients Regarding Preference Claims and Defenses, Maricopa County Bar Association, 2004
  • Paper Presented, Arizona Construction Defect Law: To Flee or not to Flee the California Approach, West Coast Casualty Construction Defect Seminar, Anaheim, California, 2001
  • Underwriting Implications of Bankruptcy of the Bond Principal, Surety Association of America, St. Louis, Missouri, 10/15/2001
  • Paper Presented, Creation of Trusts Prior To And After The Execution of The Indemnity Agreement, Annual Meeting of the Surety Claims Institute, Miami, Florida, 06/26/1998
  • Paper Presented, The Surety's Right to Assert Recoupment and Set-Off Defenses of Its Principal, When the Principal Has Filed for Bankruptcy Protection, Annual Meeting of the Surety Claims Institute, Lansdowne, Virginia, 06/27/1997
  • Paper Presented, "Can't Touch That..." How Asset Protection Planning Affects Underwriting and Recovery, American Bar Association, TIPS, Fidelity and Surety Law Committee, Orlando, Florida, 08/04/1996
  • Paper Presented, Your Principal is in Trouble - Bankruptcy Issues Lurking in the Shadows, Western States Surety Conference, Santa Monica, California, 10/21/1994
  • Paper Presented, Common Bankruptcy Issues Facing Contractor Clients - Preference Claims and Defenses, State Bar of Arizona, Construction Law Section, 02/22/1994
  • Paper Presented, The Surety's Attack in the Principal's Bankruptcy - Proven Strategies and Brave New Tactics, American Bar Association, TIPS, Fidelity and Surety Law Committee, San Francisco, California, 08/11/1992