J.D., Southern Methodist University Dedman School of Law (2013)
B.A., University of Houston – Clear Lake (2007)
Bar and Court Admissions
U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
Bryan is an associate in the firm’s Texas office. Bryan’s practice focuses on complex construction litigation and surety law, with an emphasis on both practicality and creativity. In the four years prior to joining the firm, Bryan was claims counsel for a large national surety where he handled hundreds of complex construction disputes, contract defaults, indemnification claims, contractor financing requests, as well as miscellaneous commercial surety bond disputes throughout the country.
Bryan has counseled underwriters and contractors through the formation and negotiation of countless security/indemnification agreements, bond forms, and contract documents. Bryan’s extensive experience in dealing with distressed construction contracts of substantial size and complexity gives him an in-depth understanding and practical approach to implementing, enforcing and ensuring compliance with stringent project administration and financing controls to maximize efficiencies, minimize disputes and mitigate losses.
Travelers Cas. v. Padron (Case No. 5:15-CV-200-DAE)
Represented national surety in a federal indemnity action against twenty-six indemnitors seeking in excess of $19,000,000 dollars in incurred and anticipated losses, successfully obtaining an order granting the surety injunctive relief enforcing the collateral security provision of its indemnity agreement.
Boyer, Inv. v. Boring & Tunneling Company of America, Inc. n/k/a DNN Holdings, Inc.; Boring & Tunneling Company of America, LLC, d/b/a Magnum Tunneling; and Allegheny Casualty Company (Cause No. 201214747)
Represented national surety in mediation resulting in the discharge of performance bond claims in excess of $5,000,000 dollars for a loss payment of less than $800,000 dollars, by obtaining contributions from the principal’s general and excess liability carriers as well as additional proceeds withheld from the principal by a third party under an asset purchase agreement.
Spatz v. Parish of Livingston (Case No. 141059)
Successfully obtained a dismissal of a public entities cause of action against the surety based upon a finding that the alleged deficiencies were not afforded coverage under the terms of the surety’s $573,000 dollar maintenance bond.
United States of America for the Use and Benefit of EJ Smith Construction Company, LLC v. Balfour Beatty/McCarthy, A Joint Venture and Balfour Beatty Construction, LLC, and McCarthy Building Companies, Inc. v. International Fidelity Insurance Co.
On behalf of a national surety, Bryan successfully negotiated a settlement under which the surety recovered $400,000 dollars in contract balances due the surety under a takeover agreement and claims against the surety in excess of $3,000,000 dollars were dismissed with prejudice. During the course of the matter, I provided deposition testimony as the corporate representative of the surety in relation to disputes arising out of the termination of a completion contractor.
Bank of America, N.A. and JP Morgan Chase Bank v. Creative Choice Homes XXXIII, Ltd., Creative Choice Homes, Inc., Dilip Barot, Proxypro Management, Inc. and Superior Site Development, Inc. d/b/a P/C/Miller (Case No. H 27 CA 2010 3113)
Counseled a national surety through the discharge of a $730,000 dollar supersedeas bond claim following the bonded principal’s unsuccessful appeal, involving the disbursement of cash collateral assets posted with the surety by the bonded principal.
United States for the Use and Benefit of Allied Associates Commercial Floors, Inc. Farr Builders, LLC and International Fidelity Insurance Company (Civil Action No. SA-13-CA-897-PM)
Obtained summary judgment in favor of a national surety discharging the surety of any liability under its $3,900,000 dollar payment bond based upon a finding that the subcontractor’s performance of “repair work” did not operate to toll the applicable limitations period.
OTHER REPRESENTATIVE CASES
Counseled a national surety through the negotiation and administration of a complex Underwriting, Loan and Continuing Indemnity Agreement, under which the surety secured approximately $4,900,000 dollars in collateral to partially secure a financing package originally projected to be approximately $7,000,000. Through the implementation of stringent project and financial controls over a period of approximately two years, we assisted the surety in managing the remaining bonded and un-bonded backlog to completion while providing limited additional surety credit to stabilize the principal’s cash flow. By application of increased management and financial controls the surety’s projected losses were significantly mitigated, ultimately resulting in the surety being in an over collateralized position upon completion of all outstanding bonded work.
On behalf of a national surety and its terminated bonded contractor, successfully brokered a deal under which the owner rescinded its termination of the bonded contractor, equitably adjusted the contract sum upwards by $710,000. and adjusted the contract time sufficient to allow an additional 160 days to complete the project following the execution of an agreed change order. We were able to further limit the surety’s ongoing bonded liability by having the bonded contractor subcontract the remaining work to another contractor and obtain payment, performance and maintenance bonds from the new subcontractor’s surety.
On behalf of a national surety and its terminated bonded contractor, successfully defended a performance bond claim asserted by the obligee based upon the obligee’s failure to strictly adhere to its own contractual procurement obligations in failing to issue the contractor notice to proceed within a reasonable period of time. Assisted the surety with quantifying increases in labor and material costs associated with the obligee’s delay by compiling company specific payroll and vendor pricing data, the municipality’s own costs data, and statewide construction data comprised of unit rate costs records from the State’s DOT cost database. In response the municipality conceded its position and decided to withdraw its claim against the surety and its bonded contractor.
Following the termination of a national surety’s bonded principal on a $3,700,000 dollar federal project, assisted the surety in obtaining bids for completion of the remaining work and facilitated the tender of the selected completion contractor to the federal government in exchange for the discharge of the surety’s performance bond. Bryan assisted the surety in drafting, negotiating and perfecting its security interest against the assets of its indemnitors through a comprehensive financing agreement. Ultimately, the surety was reimbursed its losses and expenses in full without incurring a loss.
“Strategies: How to Approach and Manage a Performance Bond Claim”, Paper & Presentation, 27th Annual Southern Surety & Fidelity Claims Conference.
“The Growing Importance of the Agent/Producer in the Efficient Resolution of Claims”, National Association of Bond Producers, Surety Bond Quarterly, Fall 2017, Vol. 4, Issue 3.
Professional and Civic Activities
State Bar of Texas Construction Law Section
American Bar Association, Tort Trial and Insurance Practice Section
American Bar Association, Forum on Construction Law
Surety Claims Institute
National Bond Claims Association
Dallas Surety Association