Surety & Fidelity

Sureties are involved in a wide variety of often complex matters. When questions or disputes arise, they seek counsel who understand these various issues and the needs of the particular company. Wickwire Gavin's understanding of these issues is the result of our attorneys' more than two decades of experience in representation of sureties in construction, fidelity, and miscellaneous bond matters, and our involvement in construction contract and bankruptcy law in federal and state courts , and before federal and state administrative agencies. In addition, our government contract knowledge and ability to effectively represent clients against the federal government further enhance our knowledge of these issues.

Among the areas in which we provide assistance to sureties are:

  • bid bond issues and bond form questions;
  • investigations of nonperforming principals and projects;
  • determination to finance or complete projects, assert defenses, or tender the penal sum;
  • preparation of takeover agreements;
  • preparation and negotiation of completion contracts;
  • assessment of surety's obligations as to environmental risks;
  • negotiation of claims relating to procurement;
  • investigation of claims on fidelity bonds;
  • interpretations of whether bond rights have been waived by principals, obligees, subcontractors, laborers or materialmen;
  • advice relating to the priority of surety's claims in bankruptcy proceedings;
  • negotiations with subcontractors of defaulted principals;
  • monitoring of Miller Act claims;
  • investigation and settlement of claims on miscellaneous bonds,
  • guarantee bonds, and ERISA bonds;
  • conducting internal investigations;
  • review and evaluation of claims;
  • conducting alternative dispute resolution ("ADR") proceedings, such as mediations or "mini-trials," of disputes under bonds; and
  • litigation of:
    • payment and performance bond claims;
    • "bad faith" claims;
    • claims under Financial Institution Bonds and Crime Policies;
    • claims by sureties against obligees;
    • claims by sureties against principals;
    • claims by sureties against indemnitors; and
    • suits against completion contractors for breach of contract.

    • These services have been provided to a number of surety companies, including American International Group, Capitol Indemnity Company, CNA Surety Corporation, Fireman's Fund Insurance Companies, National American Insurance Company, Progressive Casualty Insurance Company, Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, The Chubb Group of Insurance Companies, and Western Surety Company.