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William F. Haug

Phoenix, Arizona

(602) 234-7806

602-277-5595

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Mr. Haug is an experienced litigator with an extensive background in

civil litigation. His trial and litigation experience includes complex construction and �delity

and surety disputes representing all aspects of the construction industry, including both

public and private owners, architects and engineers, contractors, subcontractors, material

suppliers and sureties.

His experience also includes more than 35 years in alternative dispute resolution.  Mr. Haug

regularly serves as sole arbitrator, panelist and panel chair arbitrator in commercial and

construction related matters, including contract disputes and construction or design defect

disputes involving roadways, tunnels and parks, underground utilities, municipal and military

projects, commercial and residential developments, as well as delay and acceleration

disputes.

Mr. Haug joined the �rm as a partner in 1981.  He now serves as Of Counsel.

Mr. Haug is a graduate of Phoenix College (B.A. 1951) and the University of Arizona (B.S. 1953

and LLB, 1956).

Mr. Haug is AV rated by Martindale Hubbell®.

Representative Engagements

Served as National Bond Counsel for a Surety Company overseeing surety claims

throughout the United States

Successfully defended sureties on bad faith claims

Obtained defense judgments in all types of �delity cases both in State and Federal

Courts

Represented contractor in mechanic lien suit involving a multi-million dollar electric

generating plant

Successfully represented subcontractors in lawsuits involving pay when paid and pay if

paid clauses

Served as Chair of Arbitration panel involving a multi-million dollar claim on a

condominium project

Arbitration panel member on a multi-million dollar dispute involving a huge freeway and

drainage project

Successfully mediated many construction disputes

Drafted and secured the adoption by the Arizona Legislature of Arizona Public Works

bonding statutes, lien release and discharge bond statutes on private projects and

bonding provisions in the Arizona Uniform Probate Code

Community Activities

Creighton School Board (1966-75)

Phoenix Retriever Club (1970-90)

Camelback Little League, President

 

Areas of Practice

Construction Law

Surety & Fidelity Law

Litigation

Mediation & Arbitration

Commercial Real Estate

Bar Admissions

Arizona

U.S. District Court District of Arizona

U.S. Court of Federal Claims

U.S. Court of Appeals 9th Circuit

U.S. Supreme Court

Education

University of Arizona College of Law, Tucson, Arizona

LLB - 1956

University of Arizona

B.S., Accounting - 1953

Phoenix College

B.A. - 1951

Published Works

Surety's Liability: Bonds, Arizona Construction Law 2d Ed., State Bar of Arizona, 1994

Little Miller Act, Mechanics Lien Discharge Bond statutes and the Bond provision in

Arizona's Uniform Probate Statutes

Bankruptcy 1984 v. Surety's Rights to Contract Proceeds, co-author with Janis M. Haug,

1985

Dodge vs. Fidelity & Deposit - The Final Chapter, Tips Fidelity and Surety Law Committee

Newsletter, Spring/Summer, 1992

Decision by Insurer Not to Defend Insured Against Claims Cognizable under Bonds, 12

Forum 410, 1976

Financing your "Solvent" Principal -- Success Failure, Fidelity & Surety Law

Committee, San Francisco, CA, January, 1996

Representing the Lender, in Construction Defaults: Rights, Duties and Liabilities, co-

author with Julianne C. Wheeler, 1989

Financing the Contractor, co-author with Thomas A. Joyce, Chicago ABA, 1987

50 State Construction Lien and Bond Law, Second Edition, co-author with James L.

Csontos, 2000

Why Won't Sureties Do What You Want Them To Do?, co-author with Mark E. Barker, State

Bar of Arizona, Construction Section Monthly Seminar, February, 2001

Fifty State Construction Lien and Bond Laws, co-author with James L. Csontos, 1995

Arizona Construction Law, co-author with Mark E. Barker & James L. Csontos, State Bar

of Arizona, 1994

Current Bankruptcy Issues in Wiley Construction Law Update, co-author with Chad L.

Schexnayder, 1992

Nevada and New Mexico, 1991

Representing the Owner Against the Bank, 1990

Representing the Lender, co-author with and Julianne C. Wheeler, 1989

Financing the Contractor, co-author with Thomas A. Joyce, 1987

Contractor's Rights And Remedies When The Owner Breaches, 1985

Surety's Liability: Bonds, 1978

Contractors License Bonds - Claims and Problems

Con�icts Between Sureties, 1970

Little Miller Act, 5 Ariz Bar J., 1969

Need For Little Miller Act In Arizona, February, 1969

Actions Against Fidelity Carrier , National Institute: Fidelity Bond, 1991

Action Against Fidelity Carrier, in National Institute On Employee Dishones, 1983

Effect of Decision by Insurer Not to Defend Insured Against Claims Cognizable Under

Bonds , 12 Forum 410, 1976

Liability of Surety Limited to Risks Assumed in Fidelity Contract, 10 Forum 91, 1974

Fraudulent or Dishonest Acts, in 8 Forum 615, 1973

Public Of�cial Bonds - Judgments Against Principal As Binding Surety, 34 Ins. Couns. J.

573, 1967

Representative Cases

National Bank of Arizona v. St. Paul Fire and Marine Ins. Co., 193 Ariz. 581, 975 P.2d 711

(Ariz. App. 1999)

Cannon Dist. No. 50 v. W.E.S Construct. Co., Inc., 177 Ariz. 526, 869 P.2d 500 (1994)

Dodge v. Fidelity and Deposit Co. of Maryland, 161 Ariz. 344, 778 P.2d 1240 (1989)

Pioneer Roo�ng Co. v. Mardian Construct Co., 152 Ariz. 455, 733 P.2d, 652 (1986)

Employers' Administrative Services, Inc. v. Hartford Acc. & Indem. Co., 147 Ariz. 202, 709 P.

2d 559 (1985)

Murdock-Bryant Const., Inc. v. Pearson, 146 Ariz. 48, 703 P. 2d 1197 (1985)

J.R. Norton Co. v. Fireman's Fund Insurance Co., 116 Ariz. 427, 569 P.2d 857 (Ariz. 1977)

U.S. Fidelity & Guaranty Co. v. Christoffel, 115 Ariz. 507, 566 P.2d, 308 (Ariz. 1977)

Maryland Gas Co. v. Clements, 15 Ariz. 216, 487 P.2d, 437 (1971)

Lincoln Technical Institute of Arizona, Inc. v. Federal Ins. Co., 927 Supp. 376 (D. Ariz. 1994)

Honors and Awards

Listed in The Best Lawyers in America®, (Construction Litigation, Mediation and

Arbitration, 2008-2013)

Southwest Super Lawyers (Construction Alternative Dispute Resolution, Construction

Litigation, Construction/Surety, 2007-2009, 2011-2013

Recipient of 2012 Legacy Award by the Arizona Surety Association

Names One of Arizona's Finest Lawyers

Inducted into Maricopa County Bar Hall of Fame

Recipient of the Walter E. Craig Distinguished Service Award from Arizona Foundation for

Legal Services and Education

Arizona Supreme Court Award for Outstanding Pro Bono Service

Honored for his 50 years of exemplary services in the �eld of Construction and Surety by

the Construction Law Section of the State Bar of Arizona

August 2005 Volunteer Lawyer Program, Attorney of the Month for his 50-year ongoing

commitment to Pro Bono service

"Silver Star Award" from the Governor of Arizona for his involvement in creating the

Arizona Foundation for Legal Services and Education

Martin J. Andrews Award for Lifetime Achievement in Fidelity and Surety Law, presented

by the Fidelity & Surety Law Committee and Insurance Trial Practice Section of the

American Bar Association

ISO Silver Award for Excellence in Surety Bond Promotion, presented by the Surety

Association of Arizona

Super Lawyers and Rising Stars, 2015

Professional Associations and Memberships

State Bar of Arizona, President 1982-1983, Construction Law Section Member, Alternative

Dispute Resolution Section Member

Maricopa County Bar Association, President 1975, Association Construction Law

Committee Member

Arizona Foundation for Legal Services and Education, President, 1994

American Bar Association, Fidelity and Surety Law Committee Chairman 1983-1984,

Forum on the Construction Industry Hard Hat Case Note Editor 1980s, Tort and Insurance

Trial Practice Section Member, Past Secretary and Financial Of�cer

American Bar Foundation, Life Member, 1991

International Association of Defense Counsel, Fidelity and Surety Law Committee

Member, Construction Law and Litigation Committee Member

Defense Research Institute, Member

Arizona Association of Defense Counsel, Member

Surety Association of Arizona, Honorary Member

American Arbitration Association (Complex Case Panel)

Pro Bono Activities

Maricopa County Bar Association - Volunteer Lawyers Program

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Jennings Haug Cunningham

2800 North Central Avenue, Suite 1800 Phoenix, AZ 85004

Phone: 602.234.7800 Fax: 602.277.5595

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