Year: 2017

Calendar of Events 2017-2018

Event Date Location DRI Construction Law Seminar March 2-3, 2017 The Cosmopolitan of Las Vegas Las Vegas, NV Southern Surety & Fidelity Claims Conference April 19-21, 2017 Hilton Downtown Nashville, TN  ABA Annual Meeting Forum on Construction Law April 20-22,

Hard at Work – Educating the World on Suretyship

For over a decade, The Florida Bar has asked us to author the “Rights and Liability of the Surety” chapter of the Florida Construction Law And Practice.  We have recently completed the 2016 Edition, which provides a comprehensive summary and

Lack of Irreparable Harm Sinks Surety’s Injunctive Rights to Collateral

The Fountain court was faced with a motion for preliminary injunction filed by a surety, seeking enforcement of the collateral security provision of an agreement of indemnity provided by its individual indemnitors.  Recognizing that its decision was based upon Florida

Recent Presentations

Edward Etcheverry      Eastern Bond Claims Review (May 2016) Chatham, NJ Does It Matter What Hat You Wear to the Party? Competing Interests to Contract Funds Between a Completing Obligee and a Payment, Performance and/or Financing Surety Read Article Guy Harrison

Surety Consent Required as Part of Section 3.1 Pre-Default Process

The Moriarty court granted Arch’s motion for summary judgment on its declaratory judgment action based upon the obligee’s failure to satisfy the conditions precedent under an AIA 312 performance bond and the obligee’s breach by unilateral completion.   This, however, was

Surety Wearing Multiple Hats Trumps Completing Obligee’s Set-Off Rights

In a very hotly contested matter, the Coastal court, in a 21-page opinion, ruled on cross motions for summary judgment that the surety wearing multiple hats – as a payment bond surety, performance bond surety satisfying outstanding payables that had

Eleventh Circuit to Address Surety’s Unilateral Completion Defense

The dispute arose from an AIA 312 performance bond issued on behalf of a pool subcontractor.  To trigger surety’s obligations, the bond required the obligee to, among other things, declare principal in default and terminate its right to perform the