Fidelity and Surety

The firm's attorneys have over fifty combined years of representing fidelity and surety companies in connection with matters such as contract surety, financial institution bonds, commercial liability policies, employee dishonesty policies and fidelity related claims under package policies throughout the United States.

Investigation and Analysis of Claims
While we often work with accountants and other expert witnesses selected by our clients or us in investigating and analyzing financial documents, we have the capability to investigate and analyze claims, including books and records of owners, contractors and subcontractors with respect to contract balances, pending claims, payables and receivables.  We also have the capability of investigating and analyzing job site conditions, percentage of work completed or remaining to be completed and to handle all facets of rebidding or reletting defaulted or terminated contracts.

Documentation and Instruments
We draft or provide advice to clients in drafting all forms of surety related agreements, including but not limited to "look see agreements," financing agreements, tender agreements, takeover agreements, completion agreements and all matters related or connected thereto, including demands for collateral, special trust account agreements and agreements or documents in connection with the payment of claims and the securing of the client's rights through exoneration, indemnification or subrogation.

Claims and Litigation
We assist in providing advice and in preparing and thereafter litigating, arbitrating or mediating claims for and against our clients, including the preparation and handling of claims in bankruptcy and complaints for non-dischargability.

Significant Cases
We were successful in obtaining an injunction in the United States District Court for the Western District of Missouri in what is believed to be the first reported decision dealing directly with the issue of whether a Miller Act Surety could be compelled to arbitrate or was entitled to injunctive relief pending the outcome of the arbitration.  We were successful in an interpleader suit in the United States District Court for the Western District of Missouri with respect to the question of priorities of the IRS for contract balances earned prior to the date of declaration of default.  The decision was believed to have been the first reported decision to the effect that under the "Financing Agreement" there was a defacto default at the time of execution of the Agreement and that the surety thereby became entitled to contract funds and that its rights superseded those of the IRS as of the date of executing the Financing Agreement.  We have been successful in numerous cases in obtaining judgments of non-dischargability in bankruptcy in cases involving losses by reason of a breach of fiduciary duty or employee dishonesty as well as in cases involving surety claims.