Surety Law

Manier & Herod has been at the forefront of surety law in the Southeast for many years and currently maintains one of the leading surety law practices nationally. The surety lawyers at Manier & Herod are actively involved in negotiations with project owners, creditors, and financially troubled contractors during all stages of the construction process. Additionally, the firm’s surety lawyers have expertise in matters concerning contract defaults, project completion, and financing arrangements. The firm’s surety practitioners include certified public accountants and attorneys with corporate finance backgrounds.

Manier & Herod boasts extensive surety litigation experience and has been involved in hundreds of lawsuits in both state and federal courts, including courts in Alabama, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. Manier & Herod frequently represents sureties in large bankruptcy proceedings throughout the United States involving contractors, subcontractors, and project owners. The firm’s attorneys assist sureties in pre-litigation and post-petition negotiations of reorganization plans, conflicts regarding unpaid proceeds on bonded contract, disputes relating to assumption of bonded obligations and completion of bonded obligations, and virtually any other issue involving a surety. Manier & Herod also represents sureties with respect to pursuit of indemnification and reimbursement. Attorneys in the surety practice have been extremely successful in obtaining summary judgment and preliminary injunctions against corporate and individual indemnitors on behalf of their surety clients.

Speaking Engagements

Attorneys in the surety practice group frequently publish and lecture on all aspects of surety law. Manier & Herod’s surety attorneys are well recognized by insurers and other attorneys as leaders in the industry. The firm’s attorneys are actively involved as members, officers, and directors of the National Bond Claims Association, Surety Claims Institute, Southern Surety & Fidelity Claims Association, Mid-South Commercial Law Institute, Fidelity and Surety Law Section of the American Bar Association, and International Association of Defense Counsel (Fidelity & Surety Law Committee).

Publications

Manier & Herod’s surety attorneys have authored dozens of papers for various surety seminars, conferences and institutes in past years. The firm is often asked to present the Surety Law Update at various conferences, including the annual meetings for the American Bar Association Fidelity & Surety Law Committee and Southern Surety & Fidelity Claims Association. Please visit the individual attorney biography pages for papers prepared by Manier & Herod’s surety attorneys.  If you would like to request a copy of the papers prepared by an attorney, please contact Amber Hazel at ahazel@manierherod.com. Manier & Herod’s attorneys have been contributing writers for the leading publications on surety law. The firm’s attorneys have authored chapters in BOND DEFAULT MANUAL (J. Blake Wilcox, Mike R. Pipkin, Carol Smith, Thomas J. Vollbrecht, eds. American Bar Association 4th ed. 2015), THE CONTRACT BOND SURETY’S SUBROGATION RIGHTS (George J. Backrach, James D. Ferrucci, Dennis J. Bartlett, eds., American Bar Association 2013)2 THE LAW OF COMMERCIAL SURETY AND MISCELLANEOUS BONDS (Bruce Charles King, Richard E. Towle and Samual J. Arena, Jr., eds., ABA Publishing 2012), 2 THE LAW OF PAYMENT BONDS (Kevin L. Lybeck, Wayne D. Lambert and John E. Sebastian, eds., ABA Publishing 2011), 2 THE SURETY’S INDEMNITY AGREEMENT, LAW AND PRACTICE (Marilyn Klinger, George J. Bachrach and Tracey L. Haley, eds., ABA Publishing 2008), and 3 PAYMENT BOND MANUAL (Wayne D. Lambert, Todd R. Braggins and J. Blake Wilcox, eds. ABA Publishing 2006).

The following is a list of attorneys who practice in the area of surety law. Click a name below for that attorney’s profile.