SURETY AND
CONSTRUCTION LAW
With
extensive Surety Law experience, I can assist you in a broad range of surety activities professionally and efficiently.
In
addition, I have considerable experience directly involving construction-related issues regarding construction
contracts; payment; owner, contractor, and subcontractor liabilities; and construction defects.
Lastly,
the sometimes-related but distinct legal area of indemnification – recovering against a
person or entity who stands liable for any recovery obtained against you – is an important practical concern
and another area in which I have considerable experience and expertise.
Surety
Surety can involve construction-related Bonds; personal Fidelity Bonds; probate Administrator
Bonds; Litigation Bonds and Undertakings; and miscellaneous custom and other Bonds (such as Motor Vehicle Bonds).
A surety bond is an agreement wherein a surety or guarantor agrees, subject to certain conditions and defenses, to uphold
the promises and obligations of a bond principal or obligor (such as a subcontractor) if that party fails to uphold a contractual
agreement made with another party known as the obligee (such as a contractor). It is a way to help guarantee that promises
and contracts are kept, and that the bond obligor discharges its obligations to all appropriate obligees. The surety
may also assert any and all defenses not only available to it as the surety, but also any and all defenses available to its
obligor.
Construction Bond Issues
Among the areas in which I have provided assistance to sureties are:
- Bid bond issues and bond form questions.
- Investigations of nonperforming principals and projects.
- Determination to finance or complete projects, assert defenses, or tender the penal
sum.
- Preparation of takeover agreements and
finance agreements.
- Preparation and negotiation
of completion contracts.
- Assessment of surety's
obligations as to completion risks.
- Negotiation
of claims relating to procurement.
- Interpretations
of whether bond rights have been waived by principals, obligees, subcontractors, laborers, or materialmen.
- Advice relating to the priority of surety's claims in bankruptcy proceedings.
- Negotiations with subcontractors of defaulted principals.
- Investigating and settling Miller Act claims.
- Conducting internal investigations.
- Review and evaluation of claims.
- Conducting alternative dispute resolution ("ADR") proceedings.
- Litigation of payment and performance bond claims, claims by sureties against
obligees, claims by sureties against principals, and claims by sureties against indemnitors.
- Advocacy regarding State Regulations, Department of Insurance inquiries, and
Department of Labor Standards Enforcement issues in administrative hearings.
- Defect analysis and litigation.
Fidelity, Administrator, Litigation, Miscellaneous Bond
Issues
I have experience with numerous different types
of Bonds (and Undertakings), including investigation and negotiation regarding Fidelity Bonds, investigation and settlement
regarding numerous Administrator Bonds, and specific experience regarding Litigation Undertakings and Motor Vehicle Bonds.
Each of these Bonds require careful examination of both the law and the underlying facts, and thoughtful advisements
regarding how best to proceed.
Indemnification
For all Bonds, negotiations or actions to recover against the Indemnitor is critical. I
have extensive experience both in negotiating and in prevailing in actions against Indemnitors. Further, recovery may
well require Debtors Examinations and Attachment or Garnishment of assets or wages. In the event of such steps, I have
specific experience successfully achieving recovery against the debtor.
With all of my experience working specifically on issues
related to surety bonds handling a wide range of litigation, trial, and negotiation experience, I can readily provide successful
and effective representation. Experience you can trust, and the personalized service you desire, and a cost you can afford:
contact me to schedule an appointment.
