Matthew H. Sloan
Mr. Sloan is an experienced commercial litigator whose practice areas include complex business disputes, creditors’ rights, fidelity and surety law, bankruptcy, construction law, real estate disputes and construction defects. Mr. Sloan represents individuals, businesses and institutional creditors, as well as sureties and contractors in state, federal and bankruptcy court actions, as well as in arbitrations and administrative hearings.
Mr. Sloan regularly handles large complex commercial matters involving construction issues, including the investigation and resolution of performance and payment bond claims, and the prosecution and defense of cases involving differing site conditions, lost productivity, acceleration, termination and construction delay claims.
In addition, Mr. Sloan assists lenders and lessors to achieve the most favorable recoveries from distressed property and non-performing loans and leases. Mr. Sloan has experience with judicial and non-judicial foreclosure of real property collateral and litigating deficiency claims against borrowers and guarantors, as well as with judicial and non-judicial recovery of personal property collateral. Mr. Sloan has regularly been assists clients with negotiating short sales, forbearance agreements and deeds in lieu.
Mr. Sloan currently serves as the firm’s hiring partner.
Mr. Sloan graduated from the University of Arizona (B.A. 1993) and Arizona State University (J.D. 1997).
- Successful litigation defense in federal court of multi-million dollar affirmative claim arising out of construction of a water treatment plant in Nevada.
- Obtained favorable settlement following three year prosecution of complex litigation involving a waste water treatment plant in Arizona.
- Successfully prosecuted multiple actions as Special Counsel to the Liquidating Trustee in the bankruptcy of The Baptist Foundation of Arizona and recovered over $1.5 million on behalf of investors.
- Successfully obtained prejudgment attachment and ultimate possession of million dollar parcel or real property on behalf of a national bank.
- Successfully prosecuted breach of contract claim involving crops lien and obtained favorable judgment in federal court on behalf of a national bank.
- Ongoing representation of institutional lenders in foreclosure and deficiency actions.
Areas of Practice
- Creditors' Rights
- Commercial and Business Law
- Surety & Fidelity Law
- Commercial Litigation
- Real Estate
- Construction Law
- U.S. District Court District of Arizona
- U.S. Court of Appeals 9th Circuit
- U.S. Supreme Court
- Arizona State University, College of Law, Tempe, Arizona
- J.D. - 1997
- University of Arizona
- B.A. - 1993
- Small Business Financing, To Lease or Not To Lease, North Central News, November, 2012
- Enforcement of Collateral Security Clauses in the Ninth Circuit, Surety and Fidelity Claims Institute Newsletter, pages 11 - 14, May, 2012
- Common Pitfalls Business Owners Should Avoid, North Central News, March, 2012
- Getting a Handle on Green, AZRE Magazine, March/April, 2010
- 5 Questions With Matthew Sloan, Phoenix Business Journal, September, 2009
- Construction and Bankruptcy, Co-Author with Corey R. Foley & Kristin W. Mazon, May, 2009
- The Quick Reference Guide to Western States Surety Law – Nevada Chapter, WSSC, 2006 - 2010
- No License? No Problem, Arizona Builders’ Alliance Legal Notes, September, 2006
- Alternative Dispute Resolution, Arizona Builders’ Alliance Legal Notes, February, 2003
- Speaker, Risk Management Issues for LEED Certification and Green Design, Arizona Builders’ Alliance Legal Roundtable, February 17, 2009 - Present
- Paper Presented - The Interplay Between Bankruptcy and Construction Law, Maricopa County Bar Association, 2008 - Present
- Speaker, Bankruptcy Hors D'Oeuvres For The Construction Lawyer, The Construction Law Section of the State Bar of Arizona, January 3, 2006 - Present
- Speaker, Analyzing and Proving Construction Project Damages in Arizona, Lorman Education Services, April 16, 2002 - Present
Professional Associations and Memberships
- State Bar of Arizona, Construction Law Section, Member
- Maricopa County Bar Association
- American Bar Association, Tort & Insurance Practice Section, Member, Fidelity & Surety Law Committee
- American Bar Association, Tort & Insurance Practice Section, Member, Forum on the Construction Industry
- Commercial Law League, Member
- LEAN - Lease Enforcement Attorney Network, Member