Surety & Construction Related Insurance Defense

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Experience

Practical Results

P&A delivers clear advice and strategy on matters that are most important to our Surety clients — from inception through resolution.

We are dedicated to minimizing loss and avoiding unnecessary litigation.

When necessary, we leverage our extensive litigation experience to serve and protect our clients’ interests.

Peckar & Abramson has successfully resolved performance bond, payment bond, indemnification and subrogation matters through motion practice, trial and settlement in federal and state courts throughout the United States and abroad.

Ultimately, we recognize that sureties place a premium on pragmatic, sensible and cost-effective solutions. Our experience allows us to provide high quality representation while never losing sight of our clients’ priorities and putting Results First®.

Navigating Complex Issues

A claim against a performance bond, payment bond or other construction bond sets off a complex series of interrelated events. It is essential for a surety to quickly evaluate the facts and circumstances behind the claim and understand its rights and obligations.

Our attorneys thoroughly understand the intricacies of the law governing a surety’s rights and obligations and the complexities and realities of the construction industry in both public and private sectors. We draw upon this combined understanding to assist our surety clients with a range of matters, including:

  • Performance and payment bond claim investigation, analysis, response and litigation
  • Meetings with bond principals, obligees and indemnitors
  • Enforcement of indemnity rights and prosecution of indemnity actions
  • Contesting bond principals’ default termination and pursuit of principals’ affirmative claims
  • Protection of sureties’ rights in bankruptcy proceedings and receiverships
  • Negotiation, drafting and management of takeover, tender and completion arrangements
  • Enforcement of subrogation rights and prosecution of subrogation actions
  • Drafting of bond and indemnification documents
  • Negotiation and drafting of financing arrangements
  • Monitoring of tender arrangements

P&A combines our insight and experience in the construction industry with a genuine understanding of issues affecting sureties to provide pragmatic solutions to complex problems.

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Insights Shared

SDNY Ruling Highlights Privilege Risks in Client Use of Generative AI

Artificial intelligence is quickly becoming a go‑to tool for aggregating and summarizing large volumes of data, formulating and testing arguments, and even sketching litigation strategies. But a recent ruling from the Southern District of New York serves as a stark warning: when clients turn to generative AI for legal strategy, they may be unknowingly turning ... Read More

New York Amends Prompt Payment Act: Retainage Above 5% in Private Construction Contracts Now Void

In 2023 New York overhauled its Prompt Payment Act. The 2023 amendments, largely aimed at restricting the amount of retainage that can be withheld on private projects, were unclear about whether parties could contract around the statute, as they can with other provisions of the statute. The State Legislature recently clarified that issue. On December ... Read More

Peckar & Abramson Announces Executive Committee and Leadership Updates

Peckar & Abramson, P.C. (P&A) is pleased to announce that Paul Monte has been appointed to serve as Vice-Chair of the firm. Paul currently serves on the firm’s Executive Committee, is Co-Managing Partner of P&A’s New York office, and Chairs its Infrastructure Practice. He balances these duties while continuing to represent many of the industry’s ... Read More

New Jersey Amends Pre-Bid Registration Requirement for Joint Ventures

Summary of Amendments Recently, Governor Murphy signed into law Bill S4281 significantly amending the Public Works Certificate Registration Act (PWCRA), N.J.S.A. 34:11-56.48 to -56.57. As a result, Joint Ventures will be permitted to bid on certain public works projects without prior registration. At a minimum, Joint Ventures should be cognizant of the following important requirements ... Read More

Peckar & Abramson Attorneys Cornelius “Lee” Banta, Jr. and Tiffany Harrod Board Certified in Construction Law by The Texas Board of Legal Specialization

Peckar & Abramson, P.C. (P&A) is pleased to announce that partners Cornelius “Lee” Banta, Jr. and Tiffany Harrod recently passed the Texas Board of Legal Specialization (TBLS) Certification Exam and are now Board Certified in construction law by the Texas Board of Legal Specialization. P&A ranks in the top one percent of the Texas organizations ... Read More

Eli Pierce Named Among D Magazine’s 2026 Best Lawyers Under 40

Peckar & Abramson, P.C. (P&A) is pleased to announce that Eli Pierce, partner in the firm’s Dallas office, has been named one of D Magazine’s Best Lawyers Under 40 for 2026. According to D Magazine, the publication invites thousands of local lawyers to nominate their peers based on their firsthand experience of their work. The ... Read More

Peckar & Abramson Welcomes Eli Pierce and Tracey Williams as Partners; Announces Additional Promotions to Senior Counsel and Senior Associate

Peckar & Abramson, P.C. (P&A) is pleased to announce that Eli Pierce and Tracey Williams of P&A’s Dallas office have been promoted to Partner. P&A is also pleased to announce Arthur Tergesen of the firm’s New Jersey office has been promoted to Senior Counsel, and Mitchell Abood and Alexandra McKissick of the Miami office have been ... Read More

Managing Construction Risk Through Commercial General Liability Insurance

Adam Handfinger, Co-Managing Partner of P&A’s Miami office, served as a contributing editor to “Managing Construction Risk Through Commercial General Liability Insurance,” a Thomson Reuters Practice Note. It explains how CGL insurance manages construction-project risk, highlights common coverage gaps created by business-risk exclusions, and outlines key endorsements and claims-enforcement strategies needed to properly protect contractors ... Read More

Lexology Panoramic: US Construction (state-by-state) USA – Texas

Managing Partner of P&A’s Dallas office, Timothy D. Matheny, and Associates Victoria E. Gregory and Frank Lander were contributing editors to the Lexology Panoramic: US Construction (state-by-state) USA – Texas guide. This guide provides a concise comparison of key U.S. construction laws. Covering essential topics: Licensing procedures Bribery Construction contracts Payment methods PPP and PFI Labor requirements ... Read More

Lexology Panoramic: US Construction (state-by-state) USA – Florida

P&A Partners Brett J. Moritz and Stefanie A. Salomon, as well as Associates Alexandra B. McKissick, Mitchell P. Abood, and Senior Associate Nadia Ennaji, were contributing editors to Lexology Panoramic: US Construction (state-by-state) USA – Florida guide. This guide provides a concise comparison of key U.S. construction laws. Covering essential topics: Licensing procedures Bribery Construction ... Read More