Surety Industry

Our approach emphasizes the common interests of the surety and its principal, and seeks to also involve the obligee in an assessment of its true goals.

When a construction project encounters difficulties, the financial exposure can be tremendous. It is not unusual for the parties to the surety arrangement to lose sight of their ultimate goal of completion of the project at minimal cost as they maneuver for position.

We take pride in our ability to steer our clients toward a practical and realistic solution. Completion of a troubled project requires an honest assessment of the principal’s failings, be they financial or technical, and an acceptance of the defined responsibilities under the performance bond. It also demands attention to scope and time issues which can affect the ultimate loss and necessary advocacy of the principal’s role which is being assumed. Our work includes:

  • Default or claimed default litigation
  • Bankruptcy issues and assistance to creditors and trustees
  • Liquidated and extra-contractual damage claims
  • Coordinate prime contractors, governmental agency, and unexpected “beneficiary” claims
  • Indemnification

Some key case studies from our surety industry practice: