Our firm is renowned among clients and colleagues alike as a national leader in Surety Law. Our attorneys have achieved notable success representing the issuers of contract, commercial and financial institution surety bonds through all phases of litigation and appeals, and regularly appear in both state and federal courts on behalf of our clients.
Contract Surety Bonds
We are highly experienced in all aspects of litigation involving contract surety, including the handling of performance and payment bond claims after construction project defaults.
We counsel our clients throughout the claims process, and are well versed in interpreting the bond rights of principals, obligees, subcontractors, and laborers, and in thoroughly investigating defaulting principals and obligees. Through careful and strategic analysis, we assist clients in determining whether to finance or complete a project, assert defenses, or tender the penal sum.
We frequently handle litigation under the federal Miller Act, as well as under various state public works acts (aka Little Miller Acts), including claims on Louisiana Department of Transportation and Development projects.
Commercial Surety Bonds
Our attorneys have extensive experience litigating commercial surety matters, including claims involving license and permit bonds, court bonds and public official bonds.
When major contract defaults lead to bankruptcy or reorganization proceedings, we represent the interests of our surety clients through the ensuing negotiations, reorganization planning and assumption and completion of bonded obligations.
A Well-earned Reputation
We have built our reputation on the successes we have attained for our surety clients, as well as on the comprehensive range of surety services we offer. These include representation in matters of subrogation, salvage, indemnity, third-party claims, and the negotiation and preparation of takeover agreements, completion contracts, financing agreements, and other collateral documents.
- Chambers and Partners 2013 again ranked Krebs Farley as Band 1 for its expertise in construction and surety law2013Chambers and Partners USA
- Fidelity & Deposit Co. of Md. vs. Ralph McKnight & Sons Constr., Supreme Court of Mississippi, No. 2009-CA-00446-SCT
The firm successfully represented a major surety in an indemnity action against its bond principal for expenses incurred in connection with a construction defect claim by the owner of the project. Ultimately, the firm obtained summary judgment for the surety in the amount of $475,000.00.
- First National Ins. Co. of America v. Laredo, U.S. District Court for the Southern District of Texas, No. 5:09-cv-115
On behalf of its client, a major national surety, the firm successfully negotiated a settlement with the City of Laredo which resulted in the filing of a consent judgment declaring that the surety's obligations under the bond were discharged and that any claims the City of Laredo may have against the bond were null and void.
- Greaves-Walker, Inc. d/b/a Gleem Color & Design v. Perini Corp., In the Circuit Court of Mobile County, Alabama, Case No. CV05-0379
The firm successfully defended a contractor in Alabama state court against claims involving faulty tile and waterproofing in an Alabama mental hospital. The case was favorably resolved for the firm's client on the morning of trial via a confidential settlement in mediation.
- Jackson County Port Authority v. Jesco Constr. Corp., Circuit Court of Jackson County, Mississippi, No. CI-2000-00084(2)
The firm successfully defended a major surety in a Mississippi state court case involving a public contract with a local port authority. The matter was favorably resolved for the firm's client in a confidential mediation.
- Lighthouse Condominium Association v. Fidelity & Deposit Co. of Md., In the Circuit Court of Baldwin County, Alabama, No. CV-2009-900403.00
The firm successfully defended a major surety against a $1.5 million claim by asserting that the claim was barred by the doctrine of res judicata. This resulted in an immediate dismissal of the claim with prejudice.
- Thos. S. Byrne, Ltd. v. Seal Craft Corp., 17th Judicial District Court of Tarrant County, Texas, No. 017-233504-08
In connection with the construction of a mixed-use commercial and residential project in Fort Worth, Texas, the firm obtained a jury verdict exonerating a window manufacturer and installer and its surety following a two week jury trial in Fort Worth, Texas.
- Travelers Casualty & Surety Co. of America v. University Facilities, Inc., U.S. District Court for the Eastern District of Louisiana, No. 2:10-cv-1682
The firm saved its client, a major national surety, significant defense costs by winning a motion for summary judgment holding that all claims against the surety were time-barred.
- Turner Constr. Co. v. Box or Container Automation, Inc., 2006-77786, 80th Judicial District Court of Harris County, Texas, No. 2006-77786
The firm obtained a judgment in favor of Turner Construction, an international construction firm, in a dispute with a surety concerning the default of a subcontractor.