Construction

Construction Representation, Surety-Fidelity / Security Bond

Since our founding, Doherty, Wallace has maintained a strong focus on our commercial and construction practice areas. Our work with insurers, owners, developers, general contractors, and subcontractors in virtually every discipline has given us unique and comprehensive surety bond and construction expertise.

We have represented all parties concerned with construction litigation including the owner, architect, engineer, prime contractor, subcontractor and supplier. We routinely assist in: claims’ investigations and respond to defaults; assess a surety’s obligations relating to environmental risks; develop responsive strategies and negotiate with bond obligors and claimants; claims resolution; drafting documents and preparing opinion letters; alternative dispute resolution; takeover agreements; and workouts.

Doherty, Wallace has represented sureties and general contractors in numerous complex construction claims including: Defense of sureties and general contractors from claims involving multiple performance and payment sureties; and construction claims, including delay, time and materials and cardinal breach cases, unforeseen subsurface contamination/unsuitables; design and subspecialty design defect cases; water leaks and latent rotting/mold; first, second and third tier payment bond claims; performance bond claims and takeover agreements; contractual indemnification and additional insured claims and defaulting subcontractor performance surety claims.

We also have a significant background with subdivision performance security bonds. Our municipal practice group is well versed in all forms of subdivision security in the Massachusetts Subdivision Control law, and in post default claims by the municipality upon the performance bond. Our expertise before municipal boards, combined with our skill set with respect to performance bonds in general, and subdivision control bonds in particular, make us particularly well positioned to step in on short notice to guide clients through the subdivision approval process.

Our fidelity practice focuses on assisting fidelity insurers in matters arising from commercial crime policies, financial institution bonds and other fidelity instruments. We conduct investigations and defend claims against most fidelity bonds and policies.