Melissa Jane Lee and Jeffery S. Price Secure Defense Verdict in Favor of Surety in Arbitration Proceedings Based on Claimants Failure to Timely Notify Surety of Claim

Posted on January 8, 2020 at 8:47 am

Manier & Herod attorneys Melissa Jane Lee and Jeffrey S. Price represented a surety in a proceeding in front of the American Arbitration Association against a performance bond claim in excess of $1 million. The surety asserted that the claimant had waived its rights under the performance bond by failing to timely notify the surety of its claim or give the surety a meaningful opportunity to exercise its performance option under the performance bond. The arbitrator found in favor of the surety and determined that the claimant’s failure to timely notify the surety of its claim constituted a complete defense to the surety’s obligations under the performance bond. Additionally, the arbitrator awarded the surety its attorneys’ fees, costs, and expenses in relation to the arbitration as the “prevailing party.”