Payment and Performance Surety Bonds in Construction Projects: Perspectives of Owners, Contractors, and Sureties
Asserting and Defending Surety Bond Claims and Exploring a Cost Effective Alternative to Protect Rights or Maximize Recovery
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide construction counsel with a review of payment and performance bond coverage issues. The panel will outline key aspects of bond disputes and discuss best practices to maximize recovery and protect interests in disputes.
Outline
- Payment bond coverage issues and common disputes
- Parties and work qualifying for coverage
- Recovery for extra work, delay damages, profits, etc.
- Surety obligations and defenses
- Performance bond coverage issues and common disputes
- Declaration of default and surety options
- Covered claims
- Surety defenses to owner's claims on the bond
- Owner's claims against the surety
- Best practices for maximizing recovery and protecting interests
Benefits
The panel will review these and other vital questions:
- What protections do payment and performance bonds provide various stakeholders in the project?
- What are some of the more common pitfalls in making claims against surety bonds?
- What lessons can counsel learn from recent case law to preserve and protect bond claim rights?
Faculty

Casey L. Cross
Attorney
Bricker & Eckler
Ms. Cross is a construction attorney who focuses on both transactional and litigation matters. In addition to providing... | Read More
Ms. Cross is a construction attorney who focuses on both transactional and litigation matters. In addition to providing guidance on project delivery methods, including construction manager at risk, design-build and general contractor, she prepares procurement and contract documents. Ms. Cross also negotiates construction project contracts on behalf of both public and private owners. Having been a part of many projects involving healthcare systems, schools, libraries, counties, villages, townships, port authorities and other public and private entities, she has worked with architects, developers, contractors and other key personnel to ensure a project is developed and carried out successfully. In the event that claims are filed and litigation arises, Ms. Cross represents owners, contractors and design professionals to reach a beneficial outcome.
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Michael S. McNamara
Partner
Pillsbury Winthrop Shaw Pittman
Mr. McNamara's practice focuses on litigation of complex construction and engineering disputes, frequently... | Read More
Mr. McNamara's practice focuses on litigation of complex construction and engineering disputes, frequently involving claims for additional costs, delays and terminations. He has handled major trials of multimillion-dollar construction disputes and has represented owners, contractors and construction managers in many other cases successfully resolved in settlement.
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