Fidelity and Surety

Business understanding, legal protection

Our group’s lawyers have a substantial amount of experience representing clients in bid, performance, and payment bond disputes, including bad-faith claims, along with other types of fidelity bonds.

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Our group’s lawyers have a substantial amount of experience representing clients in bid, performance, and payment bond disputes, including bad-faith claims, along with other types of fidelity bonds. For instance, we have served as counsel for public and private owners, general contractors, subcontractors, and suppliers in all aspects of the construction process and in mechanic’s lien litigation. As a part of our practice in this area, we also routinely draft, review, and assist in construction and indemnity contracts and insurance policy forms for the construction and design professional industry.

FMG’s fidelity and surety lawyers provide experienced representation in all facets of this unique and complicated industry.  Our lawyers, for instance, have significant experience representing sureties in connection with all types of bonds, including performance, payment, probate, public officials, subdivision, and various other miscellaneous commercial surety bonds.  We have successfully navigated complex contract surety claims, assisting sureties through pre-default investigations and negotiations and completion of construction projects after default, including drafting and negotiating completion contracts, takeover agreements, ratification agreements, financing agreements, and other pertinent surety agreements.

Our lawyers also have represented clients in difficult commercial surety bond claims, starting with guidance in the initial investigation and working closely with them all the way to the resolution of a dispute. Our representation in this area extends to protecting the surety’s interests in bankruptcy proceedings, including pre-bankruptcy and post-filing negotiations of reorganization plans, conflicts regarding unpaid proceeds of bonded contracts, negotiations regarding assumption of bonded obligations, and other issues affecting the surety in bankruptcy.

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