Collectively, our attorneys practicing in this area have nearly 100 years of experience representing clients in every aspect of construction, fidelity, and surety law. We have extensive knowledge of all types of contract surety bonds, financial institution bonds, probate bonds, motor vehicle dealers bonds and virtually all other types of bonds, in addition to commercial liability policies and employee dishonesty policies. BSCR attorneys in this practice group have represented general contractors, subcontractors, owners and design professionals in connection with all phases of construction. Our attorneys have extensive experience advising clients on the drafting of nearly every form of document used in the fidelity and surety industry, including: financing documents; construction escrow agreements; construction contracts and subcontracts; general and special conditions; and joint venture and partnering agreements. In addition, our firm has considerable experience in the preparation, filing and defending of mechanic’s liens.

When a clam arises, we very efficiently begin an analysis and investigation, drawing on our skills analyzing records related to contract balances, pending claims, job site conditions, percentage of work completed or to be completed, in addition to the handling, rebidding or reletting of terminated contracts. We frequently conduct these investigations with outside consultants selected by our clients. We have helped prepare and defend simple and complex construction claims.

Our firm has extensive experience representing clients when disputes arise, including in the bankruptcy context, in actions to obtain non-dischargability, and in a number of adversary proceedings. In addition to representing clients at trials, and in arbitrations and mediations, our attorneys have negotiated numerous settlements of fidelity, surety and construction claims. Several of our attorneys have served as arbitrators or mediators in connection with fidelity, surety or construction claims.

For more information about our Construction, Fidelity & Surety practice contact Executive Committee Member James Scott Kreamer at 816.448.9335.

Results

Directed Verdict Obtained for Surety Client on Construction Defect Claim

BSCR successfully defended Old Republic Surety, Inc. in a 5 day jury trial involving the construction of running track at a local high school. At the close of plaintiff's evidence the District Court granted Old Republic's motion for directed verdict and entered judgment in favor of Old Republic. . .

Judgment Obtained for Client in Contractual Dispute

BSCR received a judgment in favor of our client, Western Surety, following a bench trial in Ray County, Missouri. The claim involved a contractual dispute over an indemnity agreement. The court issued a lengthy opinion and awarded our client the full amount requested. . .

Defense of Fidelity & Surety Client Results in Summary Judgment

BSCR’s defense of a notary in a Clay County, Missouri action resulted in summary judgment in favor of our client, the fidelity and surety insurer of the notary. In this case, plaintiff sought to recover under a notarial bond issued by our client to insure faithful performance of its principal, a notary. . .