Several recent matters successfully handled include:
- Successfully arbitrated claim by local government housing authority for defective construction by the contractor and breach of performance bond by the surety; Arbitrator found some limited liability on the part of the contractor for defective construction, but surety had no liability on performance bond due to housing authority’s failure to comply with all necessary terms to properly assert a claim on the performance bond.
- In nursing home defect claim, owner asserted claims against surety for breach of performance bond and bad faith; contractor assumed defense of surety on the breach of performance bond and the bad faith claim was settled for a nominal sum.
- Currently representing contractor at request of surety in multi-million-dollar payment dispute on an electrical transmission project where owner has failed to pay contractor for all work performed but surety has paid millions to subcontractors under the payment bond claim while suety receives funds recovered from owner.
- Successful recovery, and turn satisfaction of guaranty to surety, of most of claim for non-payment by general contractor where the owner based its refusal to make payment on the lack of written change orders where contractor performed over $1 million in additional work at the owner’s request; payment bond surety had paid close to $1 million on subcontractor payment bond claims.
- Successfully obtained summary judgment in favor of bankruptcy trustee (and his bonding company) for claims by bonding company of debtor in bankruptcy that trustee had failed to perform his duty and had wrongfully failed to pay fuel taxes which insurance company was forced to pay. Established that debtor’s bonding company was not liable for fuel taxes and had paid claims of taxing authority voluntarily.
Representative clients include Hartford, Gray Casualty & Surety and Liberty Mutual as well as other professionals whose names cannot be disclosed due to client privilege.