We bring a wealth of experience in addressing guaranty and fidelity issues for sureties. We specialize in representing sureties on both public and private projects on matters of performance and payment bonds, as well as across the fidelity landscape.

Our representation includes the following:

  • Bond claim defense: When a contractor defaults on a bonded project, the surety is necessarily implicated. We provide guidance and advice to protect the surety’s interests under the bond, including evaluating the principal’s default and all available defenses, both the sureties’ and those of its principal’s. Under all circumstances, we aggressively advocate sureties’ rights to indemnification and equitable subrogation.
  • Project take-over: In the event that a contractor defaults on a project and the surety is obligated to step in and either complete the project or provide compensation to the obligee to the extent of the bond, we can leverage our experience to ensure a seamless transition and a quick start-up to limit the time lost on the project.
  • Public works: We leverage our expertise of public works projects to ensure that a surety meets its obligations and preserves all of its defenses under the bond. We work with the contractors on the project to ensure minimal prejudice to the surety and to facilitate speedy resolution of issues.
  • License bonds: We also work to resolve disputes involving contractor license bonds. These involve slightly different approaches and we use our knowledge to ensure maximum protection of the surety’s rights.
  • Indemnity claims: Upon contractor default and triggering of the bond, we work closely with sureties to provide guidance and advise the surety on its right to indemnity.