Chad L. Schexnayder Phoenix, Arizona
| phone | (602) 234-7830 |
| fax | 602-277-5595 |
| cls@jhc-law.com | |
Mr. Schexnayder is a 27-year commercial litigator with significant trial experience in state and federal court civil
cases. His trial and litigation experience includes complex business disputes, fidelity and surety law, construction
law, bankruptcy, real estate disputes, residential construction defect, and personal injury defense.
In addition, Mr. Schexnayder serves as a mediator and arbitrator retained by the parties in commercial litigation,
and presently serves as a Judge Pro Tem of the Superior Court of the State of Arizona, Maricopa County.
Mr. Schexnayder joined the Firm in 1984 and became a partner in 1991.
Mr. Schexnayder is a graduate of Washington University in St. Louis (B.A. 1981) and Arizona State University (J.D.
1984).
REPRESENTATIVE ENGAGEMENTS
- Litigation of multiple unrelated suits involving water treatment plants, wastewater plants, airports and
commercial buildings. - Trial and defense judgment to defeat contract claim of mechanical equipment and plumbing vendor
relating to Los Alamos National Laboratories. - Prosecution of commercial lease default claim and recovery of damages for landlord.
- Representation of creditors in large Chapter 11 cases in New York, New Jersey, Florida, Ohio,
Washington, California, Utah, Nevada and Arizona. - Representation of sureties in analysis of payment and performance bond claims, negotiation of takeover
and completion agreements, prosecution of recoveries against indemnitors and third parties, including
documentation of collateral and security agreements. - Trial, judgment, and full recovery for benefit of client whose luxury residence had construction defects.
- Successful defense of multi-million dollar bad faith claim in New Mexico against a surety company.
- Ongoing representation of one of nation's largest motorsports retail organizations.
COMMUNITY ACTIVITIES
- Boy Scouts of America, Troop 329, Grand Canyon Council
Scoutmaster, 1999-2005; 2007- 2010 - Youth Sports Coach
- Areas of Practice:
- Lawsuits & Disputes
- Commercial and Business Law
- Bankruptcy
- Surety and Fidelity Law
- Construction Law
- Real Estate
- Mediation
- Arbitration
- Appeals
- 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,
1984
J.D.
Honors: Cum Laude - Washington University, St. Louis,
1981
B.A.
Honors: Cum Laude
Major: French & Political Science
- Published Works:
- Salvage: Tax Refunds, Fidelity and Surety Law Committee Newsletter, American Bar Association, Fall, 2011
- The Quick Reference Guide to Western States Surety Law, Editor, WSSC, LLC, 2011
- Chapter 12, The Law of Performance Bonds, 2nd Ed. , Lybeck, Kevin L., Lambert, Wayne D., Sebastian, John E., 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
- Chapter 2, The Surety and Bankruptcy, Wilcox, J. Blake, Rittmaster, Steven H., Adams, Alberta L., Wager, Patricia; American Bar Association, 2010
- Chapter 14, The Law of Performance Bonds, 2nd Ed., Moelmann, Lawrence, Horowitz, Matthew and Lybeck, Kevin, American Bar Association, 2009
- Chapter XI, The Indemnity Agreement in Bankruptcy, of The Surety's Indemnity Agreement: Law and Practice, 2nd Ed., 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
- Bankruptcy Hors D'Oeuvres For The Construction Lawyer, The Interplay Between Bankruptcy and Construction Law, Author and Speaker, The Construction Law Section, State Bar of Arizona, January 3, 2006
- The Most Important Questions a Surety Can Ask About Bankruptcy, American Bar Association, Second Edition, 2003
- Chapter 5, The Law of Miscellaneous and Commercial Surety Bonds, Kazlow, Todd C., and King, Bruce C., eds. 2001, American Bar Association
- Chapter 20, Bankruptcy and The Surety, in The Law of Suretyship, Second Edition, Gallagher, Edward G., ed. 2000, American Bar Association
- "Current Bankruptcy Issues in Wiley Construction Law Update," Co-Author with (William F. Haug), 1992
- An Overview of Surety and Bankruptcy Law, a monograph published by the Defense Research Institute, 1990
- Classes/Seminars Taught:
- 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, Woodinville, Washington, Pearlman Conference 2009, September 10, 2009
- Speaker, Claims for Loss of Labor Productivity/ Efficiency, Western States Surety Conference, May 19, 2006, Seattle, Washington
- Speaker, Bankruptcy Hors D'Oeuvres For The Construction Lawyer, The Interplay Between Bankruptcy and Construction Law, January 3, 2006, The Construction Law Section of the State Bar of Arizona
- "Builders, Construction Contractors and Developers in Bankruptcy", American Bar Association, February, 2008
- Speaker, Navigating Your Way Through a Bond Principal's Bankruptcy, Commercial Surety Seminar, Surety of Association of America, June 2-3, 2005, Phoenix, Arizona
- 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, October 15, 2001
- Paper Presented, Creation of Trusts Prior To And After The Execution of The Indemnity Agreement, June 26, 1998 Annual Meeting of the Surety Claims Institute, Miami, Florida
- Paper Presented, The Surety's Right to Assert Recoupment and Set-Off Defenses of Its Principal, When the Principal Has Filed for Bankruptcy Protection, June 27, 1997 Annual Meeting of the Surety Claims Institute, Lansdowne, Virginia
- Paper Presented, "Can't Touch That..." How Asset Protection Planning Affects Underwriting and Recovery, August 4, 1996 meeting of the American Bar Association, TIPS, Fidelity and Surety Law Committee, Orlando, Florida
- Paper Presented, Your Principal is in Trouble - Bankruptcy Issues Lurking in the Shadows, Western States Surety Conference, October 21, 1994, Santa Monica, California
- Paper Presented, Common Bankruptcy Issues Facing Contractor Clients - Preference Claims and Defenses, State Bar of Arizona, Construction Law Section, February 22, 1994
- Paper Presented, The Surety's Attack in the Principal's Bankruptcy - Proven Strategies and Brave New Tactics, August 11, 1992 meeting of the American Bar Association, TIPS, Fidelity and Surety Law Committee, San Francisco, California
- Honors and Awards:
- Martindale-Hubbell AV Rated
- The Best Lawyers in America® (Construction)
- Super Lawyers® (Construction, Surety)
- Arizona’s Finest Lawyers®
- 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
- Vice-Chair, Fidelity & Surety Law Committee
- American Bar Association, Tort & Insurance Practice Section
- Co-Chair, Law Division
- American Bar Association
- Member, Forum on the Construction Industry
