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Surety + Fidelity

Our Construction practice group brings its proficiency to managing risk for our clients and handling claims for all contract and commercial surety matters. The combination of our lawyers’ experience and training in construction, commercial, and surety and fidelity law, along with our geographic footprint, make us particularly well suited to advise clients in the most complex surety and fidelity bond transactions and disputes.

Our Services

We collaborate with in-house counsel, underwriters, claim representatives, and other third parties involved in contract and commercial surety bonding. We manage every aspect of the investigation as well as surety bond claims, including negotiating and drafting completion, tender, and takeover agreements following contractor default.

We are adept at navigating the complexities of scheduling and cash flow issues, we appreciate the art of construction pricing, and we are highly experienced with damages and cost accounting. Additionally, our attorneys have a deep understanding of a surety's right to indemnity and subrogation as well as the common interest issues that can arise between a surety and its bond principal.

In the area of fidelity bonding, we assist in banker's bonds, financial institution bonds, commercial crime policies, and other types of bonding vehicles. We are equally knowledgeable about the charter provisions of financial institutions and the regulatory rules and agencies governing the industry.

No matter the bond-related issue, our lawyers understand and implement steps to minimize the potential for loss and avoid the need for litigation. Even with the best risk management strategies, disputes inevitably arise from complex transactions. In these events, we help you skillfully navigate complex litigation, mediation, and arbitration. We oversee a wide range of disputes involving bid bonds, performance bonds, and payment bonds—including federal Miller Act and state Little Miller Act claims, bad faith claims, and matters involving the bankruptcy courts. Our lawyers appear in state and federal courts, before administrative law tribunals, and before local, state, and federal agencies.

Our Team

Our lawyers collaborate with colleagues throughout our firm’s diverse practice areas, providing seamless legal representation on all surety and fidelity issues. We are actively involved in local, state, and national construction and surety trade and bar organizations. Our lawyers lecture and author articles on topics of interest to the construction and surety industries. We also organize and conduct seminars and training sessions designed to keep claims personnel informed of changes and new developments in the law.

Our Construction practice group is equipped to help you manage risk and handle claims for all surety and fidelity bond matters. Our legal services help you prevent losses whenever possible, and to navigate mediation, litigation, or arbitration.

Experience


Successful Argument on Behalf of a Surety

Successfully argued on behalf of a surety in a certified question before the Connecticut Supreme Court concerning the proper interpretation of the statutory public works payment bond claims procedures and defeated effort to read implied judicial default provision into the statute.

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Successful Oral Argument Obtaining Affirmation Regarding Subdivision Bond

Presentation of an oral argument to the Connecticut Supreme Court on behalf of a town and construction contract surety and successfully obtained affirmation of lower court's decision finding that the town had absolute discretion under Connecticut's subdivision statutes to forego calling subdivision bond posted by developer. *

*These matters were of counsel prior to an individual attorney joining Robinson+Cole.

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Summary Judgment Obtained on Behalf of Surety Client Under A Performance Bond

Obtained summary judgment on behalf of a surety client under a performance bond on the basis that the bond obligee failed to provide notice of default in accordance with the requirements of the construction contract, the surety bond, and existing case law; in doing so, the District Court also dismissed a bad faith claim against the surety. *

*These matters were of counsel prior to an individual attorney joining Robinson+Cole.

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Events


Past

Risky Business - Surety Bonds in Construction

2007
Professional Women in Construction, Connecticut Chapter
Past

Common Riders, Their Purpose, and the Case Law Interpreting Them

6/22/ to 6/24/2005
Surety Claims Institute Annual Meeting
Past

Risky Business - Surety Bonds in Construction

2007
Professional Women in Construction, Connecticut Chapter
Past

Common Riders, Their Purpose, and the Case Law Interpreting Them

6/22/ to 6/24/2005
Surety Claims Institute Annual Meeting
Past

Back to Basics Program on Contract Surety Claims Handling

03/19/2004
American Bar Association Fidelity and Surety Law Committee
Past

Connecticut Building Congress, Latest Developments in Construction Law

1998
Past

Connecticut Construction Law: What Do You Do When....?

1998
National Business Institute
Past

Back to Basics Program on Contract Surety Claims Handling

03/19/2004
American Bar Association Fidelity and Surety Law Committee
Past

Connecticut Building Congress, Latest Developments in Construction Law

1998
Past

Connecticut Construction Law: What Do You Do When....?

1998
National Business Institute

Construction Law Zone


Massachusetts Construction Industry Continues To Wait While Prompt Payment Law Is Put To The Test

Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards....

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CA Civil Code § 8850: What Private Multi-state Owners and Developers Building in California in 2026 Need to Know

Owners and developers building in California must be aware of a new statute, CA Civil Code § 8850, which takes effect for contracts entered into, on, and after January 1, 2026. The statute will likely apply to most private construction projects; however, a carve-out exists for residential projects that are not mixed use and are...

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Fixed Price, Fluid Quantities: The Hidden Risks in Lump Sum Agreements with Variable Units

Lump sum construction agreements are the most basic of the different design-bid-build options: the contractor agrees to complete the entire scope of work for a fixed price, and assumes most of the quantity and cost risks. If the contractor’s actual costs exceed its estimates, the contractor absorbs the loss. Adding a clause into the construction...

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Navigating the DOT’s Interim Final Rule on DBE Certification Standards – and Preparing for the (Bumpy) Road Ahead

Last week, as a result of the federal government shutdown, news outlets reported on a pause in processing project reimbursements for the massive bi-state Hudson Tunnel Gateway Program and New York City’s Second Avenue Subway line. Beyond the political finger-pointing and investigation into the pause’s impact (the billions of dollars already appropriated remain untouched) is...

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The Importance of Indemnification Clauses in Managing Post-Completion Project Risk

Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. To reconcile these differences, Massachusetts courts have historically looked to the “gist” of a given claim, rather than the label, to assess the appropriate limitations. A determination that...

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The Long-Standing Waiver for Manufactured Products from FHWA’s Buy America Requirements is Phasing Out

Amidst the flurry of tariff threats swirling around the world, the Federal Highway Administration (FHWA) is terminating the waiver known as the Manufactured Products General Waiver from the Buy America requirements found in 23 U.S.C.A § 313. The Buy America regulation requires all federal-aid projects to use only steel, iron, and manufactured products that are...

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Under New York Law a Recourse Provision Bars Most Claims Except for Fraud

In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of action for tortious interference with contract, unjust enrichment, and statutory violations of a trade practices statute, but not for fraud....

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More Executive Orders Addressing the Size and Authority of the Federal Government

This post was co-authored by Government Enforcement + White Collar Defense Team lawyer David Carney, Capital Markets + Securities Group lawyer Tiange (Tim) Chen, and Antitrust + Regulation team co-chair Jennifer Driscoll. Executive Order Directing Deregulation and Termination of Certain Regulatory Enforcement Actions On February 19, 2025, in an executive order titled Ensuring Lawful Governance and...

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Requirements For Professional Engineers Practicing in Connecticut

Many out-of-state professional engineering companies practice engineering in Connecticut and may not be aware of all the requirements to do so. Connecticut has certain requirements for corporations and limited liability companies (LLCs) engaging in the practice of engineering. The applicable law, General Statutes §§ 20-306a and 20-306b, requires that (1) the personnel who act as...

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Executive Order Update on Construction Materials

This post was authored by International team lawyer Kathleen Porter. Executive Order Adjusting Imports of Aluminum into The United States On February 11, 2025, in an executive order titled Adjusting Imports of Aluminum into the United States, President Trump increased, from 10% to 25%, the ad valorem tariff rate on imports of aluminum and aluminum-derivative articles...

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