Cole Schotz P.C.

 

Surety and Insurance

OVERVIEW

On public projects, we litigate against governmental owners and with other claimants in federal court (Miller Act) and in the state courts in New Jersey, New York, Delaware and Maryland (statutory bonds).  In several cases, we have obtained precedent-setting decisions in the trial and appeals courts.

On behalf of sureties and bond claimants, we assist in resolving performance and payment bond disputes, including scope, notice and limitations issues.  We also negotiate takeover agreements, completion contracts, workout agreements and secured lending for financing completion and claims resolution.  In addition, we regularly handle debtor-in-possession financings and work to secure favorable treatment for our clients in the bankruptcy courts. 

In insurance coverage disputes, we assist clients in recovering under commercial policies, and defend insurers against unjustified claims and mitigate losses.