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. Stanco & Associates’ understanding of these issues is the result of our attorneys’ more than two decades of experience in representation of sureties in construction, fidelity, probate and miscellaneous bond matters, and our involvement in construction contract and probate 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;
· conducting internal investigations;
· conducting alternative dispute resolution (“ADR”) proceedings, such as mediations or “mini-trials,” of disputes under bonds;
Also 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 inseminators; and
· suits against completion contractors for breach of contract.
These services have been provided to a number of surety companies, including Safeco, Liberty Mutual Insurance, Ulico Casualty Company, CNA Surety Corporation, Fireman's Fund Insurance Companies, RLI., Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company.