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Suretyship

Nationally Recognized Suretyship Lawyers Representing Clients in Florida, Throughout the U.S., and Internationally

Our lawyers are some of the most experienced surety attorneys in the nation. With a combined total of close to 100 years of suretyship representation, we offer a full range of services to the industry. The Firm represents most of the premier sureties in the country and handles matters domestically and internationally. The services provided range from simple advice on payment and performance bond claims, to complex financing, takeover, and tender issues on large projects. We also regularly assist our surety clients in the pursuit of their indemnity rights and pride ourselves on useful, efficient, and practical advice in these situations to minimize the financial impact on sureties called on to honor their bond obligations.

Frequently, our representation of sureties requires litigation of technical construction issues.  Our attorneys have considerable expertise in construction law and litigation  that allows us to effectively advocate and achieve favorable results for our clients.

About Our Suretyship Practice

We represent our surety clients in transactional matters, and dispute resolution proceedings. On the dispute resolution side, this includes alternative dispute resolution (ADR), litigation, and appeals. We are intimately familiar with the issues that tend to lead to disputes, and rely on this familiarity to both help our clients avoid these issues and resolve them favorably when necessary.

Our suretyship matters experience includes matters involving:

Commercial Bonds

We handle commercial bond matters involving fidelity issues such as employee theft and misappropriation, as well as licensing, permitting, and other issues of concern for contractors and other companies. We have experience with probate, guardianship, trustee, public official notary, and motor vehicle dealer bonds. There are many different types of commercial bonds, and each presents its own unique considerations when it comes to enforcement, indemnity and claim defense.

Performance Bonds

Performance bonds can play an essential role in both private and public construction projects. We have significant experience in the construction industry as well, and we rely on this experience to help sureties, obligees, and principals protect their respective financial interests and contractual rights in all performance bond-related matters.

Payment Bonds

Payment bonds, like performance bonds, can play a critical  role in construction projects. They provide lower-tier subcontractors, suppliers, and other vendors the confidence they need to invest their time and resources, and also help protect property owners and developers by ensuring that liens do not encumber their property. Our attorneys regularly assist sureties and other clients with payment bond-related matters, —including bond negotiations, bond claims, and bond releases, among others.

Indemnification Matters

Indemnity agreements provide essential protections for sureties. These agreements serve a critical risk mitigation function, and can be fundamentally necessary for making the issuance of a surety bond financially viable.

However, these clauses are also frequently the subject of dispute. As a result, we regularly represent sureties, obligees, and principals in indemnity disputes. If you have a question about your company’s obligations or need to enforce its indemnity rights, we can help you move forward.

Takeovers, Tenders, Buyouts, and Other Matters

Takeovers, tenders, buyouts, and other similar types of arrangements can offer opportunities to avoid or resolve surety-related disputes in many cases. We examine all viable options, and help our clients make informed decisions about how to best protect their long-term financial interests.

Suretyship ADR and Litigation

We have extensive experience representing clients in mediation, arbitration, and litigation involving suretyship matters. Many of our attorneys have decades of experience successfully representing clients in alternative dispute resolution and litigation involving commercial bonds, performance bonds, payment bonds, among others. While we work to help our clients resolve their disputes without ADR or litigation whenever possible, we have the capabilities, resources, and experience required to litigate these complex disputes to verdict.

Suretyship Appeals

In addition to ADR and litigation involving suretyship matters, we also represent clients in appeals involving suretyship issues. We handle appeals at the state and federal levels, and our appellate lawyers have secured victories for our clients in Florida’s intermediate appellate courts as well as the Florida Supreme Court and U.S. Supreme Court.

Speak with an Attorney in Our Suretyship Practice Group

If you are interested in speaking with a suretyship attorney at Paskert Divers Thompson about your company’s or financial institution’s legal needs, we encourage you to get in touch. To schedule an appointment with a member of our Suretyship Practice Group, please call 813-229-3500 or tell us how we can get in touch online today.

Recent News

Eight Paskert Divers Thompson Attorneys Selected by Peers for Inclusion in the 29th Edition of The Best Lawyers in America

The Firm is pleased to announce that eight of its attorneys have been selected by their peers for inclusion in the 29th Edition of The Best Lawyers in America®.

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October 21, 2013

PDT Obtains Summary Judgment Discharging Surety From Liability Under Performance Bond

PDT Shareholders Ali Adams and Rob Graham recently obtained summary judgment for The Gray Insurance Company, discharging it from liability under an industry-standard American Institute of Architect’s A312-2010 Performance Bond.

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October 21, 2013

PDT Secures +$6.2 Million Collateral Award for Surety

PDT Managing Partner Brett Divers and Shareholder Rob Graham recently secured a preliminary injunction from the United States District Court for the Middle District of Florida, compelling indemnitors to post over $6.2 million in collateral security. 

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October 21, 2013