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Surety companies can turn with confidence to Kirton & McConkie to handle bond claims and salvage matters in Utah. Experienced surety lawyers are supported by a full-service firm with experience in a variety of practice areas that may be needed in handling surety matters.


Attorneys in Kirton & McConkie's Construction, Land use, and Surety Practice Section have handled many aspects of contractor defaults, such as negotiating takeover and related agreements with owners, responding to claims of subcontractors and suppliers, and working with engineering professionals and consultants to complete troubled construction projects. We have assisted bond claims personnel in expeditiously resolving payment bond claims and have successfully litigated Miller Act, Little Miller Act, and private payment bond claims, including defending claims for bad faith. We have pursued subrogation claims for contract funds against owners as well as claims against lenders and design professionals. We have prosecuted indemnity actions, obtaining pre-judgment remedies and post-judgment recoveries. Our surety experience also includes defending claims and resolving disputes on motor vehicle dealer license bonds and miscellaneous bonds. We are admitted to practice in Utah and New Mexico and are members of the American Bar Association Forum on the Construction Industry and the Fidelity & Surety Law Committee of TIPS.

In addition to experience in surety matters and a comprehensive library of surety and construction law materials, Kirton & McConkie's Surety Attorneys enjoys the resources of a full-service law firm, including lawyers with experience in commercial litigation, bankruptcy, employment, real property, and tax law, among other practice areas, and experienced legal assistants and support staff.

CONTRACTOR DEFAULTS

  • Response/notice to obligees and indemnitors
  • Joint control and trust agreements
  • Completion agreements
  • Lien and claim preservation/prosecution

CLAIMS DEFENSE

  • Analysis of defenses
  • Pre-litigation resolution
  • Experienced claim litigation
  • Alternative Dispute Resolution
  • Bad faith defense

INDEMNITY/SALVAGE

  • Aggressive pursuit of assets
  • Prejudgment remedies, including quia timet
  • Effective collection experience
  • Bankruptcy creditor remedies

LICENSE AND OTHER BONDS

  • Cost-effective resolution, including interpleader



Travelers Casualty & Surety Company of America, St. Paul Companies, Vigilant Insurance Company, Great American Insurance Company, Ohio Casualty Insurance Company, One Beacon Insurance Company, International Fidelity Insurance Company, State Farm Insurance Company, TIG Insurance Company

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