Our deep surety experience coupled with the firm’s broad expertise in related practices provide our clients with comprehensive, efficient, and effective representation in all aspects of surety claims.
Our surety experience includes but is not limited to:
- Performance and payment bond claims including:
- Allegations of defective workmanship
- Liquidated damages
- Latent/patent defects
- Design error
- Contract default
- Claims analysis
- Project takeovers
- Claim tenders
- Bankruptcy
- Indemnity, security and collateral agreements, and financing
We counsel sureties on all types of claims, ranging from proactive negotiations with owners and principals to resolve potentially project-endangering disputes to all out litigation and appeals, in projects both large and modest.
Representative Matters
- Favorably resolved $20 million performance bond claims by owner against surety, where surety’s principal was alleged to have failed to design an explosive detection baggage handling system for a major metropolitan airport.
- Secured summary judgment for surety on performance bond claim by owner for more than $8 million.
- Drafted the foundational research relied on by a New Jersey federal court in finding that New Jersey state courts would not recognize bad faith claims against sureties.
