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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Professionals

Jerry P. Brodsky

Jerry P. Brodsky

Director - Latin American Practice

Jerry P. Brodsky

Jerry P. Brodsky

Director - Latin American Practice

Angela A.L. Connor

Angela A.L. Connor

Partner

Angela A.L. Connor

Angela A.L. Connor

Partner

Lucas T. Daniels

Lucas T. Daniels

Senior Associate

Lucas T. Daniels

Lucas T. Daniels

Senior Associate

Adam P. Handfinger

Adam P. Handfinger

Co-Managing Partner, Miami Office

Adam P. Handfinger

Adam P. Handfinger

Co-Managing Partner, Miami Office

Justin D. Holzheauser

Justin D. Holzheauser

Senior Counsel

Justin D. Holzheauser

Justin D. Holzheauser

Senior Counsel

Timothy D. Matheny

Timothy D. Matheny

Managing Partner, Dallas Office

Timothy D. Matheny

Timothy D. Matheny

Managing Partner, Dallas Office

Matthew S.C. Moore

Matthew S.C. Moore

Managing Partner, Texas Offices

Matthew S.C. Moore

Matthew S.C. Moore

Managing Partner, Texas Offices

Skyler L. Santomartino

Skyler L. Santomartino

Associate

Skyler L. Santomartino

Skyler L. Santomartino

Associate

Charles E. Williams, III

Charles E. Williams, III

Partner

Charles E. Williams, III

Charles E. Williams, III

Partner

Insights

Shared

Let’s Get Surety Podcast – #126 Building the Future: AI, Construction and Law

Denis Serkin, partner in P&A’s New York and New Jersey offices, joins the latest episode of the NASBP podcast “Let’s Get Surety” to delve into the transformative impact of AI on the construction industry and construction law. In this insightful discussion, Denis explores how AI tools are already enhancing design and supply chains and shares his ... Read More

Corporate Transparency Act Update

There has been a significant legal development with respect to the Corporate Transparency Act (“CTA”). On October 28, 2024, we issued a Client Alert summarizing the reporting requirements under the CTA, including an important deadline of January 1, 2025, for the companies that the CTA applied to complete their reporting obligations or be subject to ... Read More

Four Peckar & Abramson Attorneys Named to Lexology Index’s Thought Leaders Global Elite 2025

Peckar & Abramson, P.C. (P&A) is proud to announce that four attorneys have been named in Lexology Index’s (formerly Who’s Who Legal) inaugural Thought Leaders Global Elite 2025 edition. This prestigious guide recognizes the top 5% of practitioners across Lexology Index’s research, highlighting those who are at the peak of their profession. The following attorneys ... Read More

Four Peckar & Abramson Attorneys Receive 2025 Lexology Client Choice Awards in U.S. Construction Law

Peckar & Abramson, P.C. (P&A) is proud to announce that founding Partner Robert S. Peckar and Partners Michael A. Branca, Jerry P. Brodsky, and Michael S. Zicherman have been honored with the 2025 Lexology Client Choice Awards for excellence in construction law. The honorees are determined solely through client nominations, celebrating outstanding service and legal ... Read More

Federal Judge Strikes Down Private Party’s False Claims Act Suit

Enacted in 1863 during the Civil War to combat “stupendous abuses” in the sale of provisions and munitions to the War Department, the False Claims Act (the “FCA”) imposes civil liability on those who knowingly submit or cause to submit false claims to the government. The qui tam provision of the FCA allows a private ... Read More

13 Peckar & Abramson Attorneys Named 2024 Top Lawyers by Bergen Magazine

Peckar & Abramson, P.C. (P&A) is pleased to announce that 13 attorneys have been named Bergen County’s Top Lawyers for 2024 by Bergen Magazine. According to the publication, attorneys named to this list have received the highest vote totals within their specialty area based on peer reviews from hundreds of active lawyers across Bergen County, ... Read More

Peckar & Abramson Named National 2025 “Law Firm of the Year” in Litigation – Construction by Best Law Firms®; Earns 33 National and Metropolitan Rankings

Peckar & Abramson, P.C. (P&A) is pleased to announce that the firm has been named the national “Law Firm of the Year” in Litigation – Construction in the 2025 edition of Best Law Firms®. The publication states only one law firm per nationally ranked area of practice is selected annually for this prestigious honor. In ... Read More

Business Divorce in New Jersey: A Primer

This article was written for Commerce Magazine NJ and first appeared here. When the principals of a newly formed partnership, closely held corporation, or limited liability company (LLC) launch their venture together, it is often accomplished without proper documentation. Ideally, that business grows far beyond the wildest expectations of the parties when they launched, years ... Read More

Reporting Requirements Under the Corporate Transparency Act

The Corporate Transparency Act (“CTA”), effective as of January 1, 2024, requires certain businesses, in the absence of an exemption, to report to the Financial Crimes Enforcement Network (“FinCEN”) of the United States Treasury, information regarding their “beneficial owners.” The CTA intends to create a “database” of these “beneficial owners” for law enforcement to utilize ... Read More

Snooze You Lose? Enforcement of Notice and Timing Provisions

This article was written for the ConsensusDocs newsletter and first appeared here. Deadlines are an inescapable part of the construction industry.  Bid deadlines. Submittal deadlines. Material delivery deadlines. Substantial completion.  Final completion. And so, inevitably, fighting about deadlines becomes a necessary byproduct.  Was the deadline really a deadline?  Was the schedule slippage on the critical ... Read More