Surety Law

Faughnan Mendicino has a robust surety practice with extensive background in contract and commercial surety matters. Our work with clients across a wide range of surety issues provide us with a deep understanding of the surety’s needs and interests and how best to protect them.

Services

We have decades of experience handling many different surety-specific matters including:

  • Default termination / performance bond claims
  • Payment bond claims
  • “Bad faith” claims
  • Bond agent disputes
  • Pursuit of principals’ affirmative claims
  • Takeover arrangements
  • Completion agreements
  • Monitoring of tender arrangements
  • Jobsite meetings with obligees
  • Indemnity disputes
  • Accounting negligence claims
  • “Work-out” arrangements with principals

What Sets Us Apart

We have developed particular expertise in default termination matters and post-termination claims pursuit.  Our inside knowledge of jobsite and construction industry issues provides a synergy in effectively counseling our surety clients on the complex, technical concerns that often accompany bond claims. This broad background helps us navigate the competing interests and potential pitfalls that sureties must confront in handling default and claims scenarios.

We provide advice and strategy in “work-out” and completion situations and speak at in-house surety educational events.  We recognize that sureties place a premium on practical, pragmatic solutions. Our experience and personnel allow us to provide the highest quality representation for the surety while never losing sight of the surety’s focus on sensible, cost-effective results.

Samples of Past Surety Disputes

  • Co-generation power facilities
  • Wastewater treatment plants
  • Airports
  • Medical facilities
  • Office buildings
  • Military installations
  • Hotel construction and renovation
  • Educational buildings
  • Underground infrastructure projects

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