Surety Fidelity Law

Overview

For over twenty years, our attorneys have represented sureties on construction, development, fidelity, and other types of bonds and related issues, from resolving performance bond defaults to defending payment bond claims. We prosecute actions to enforce indemnity agreements, including prejudgment attachment of assets.

Surety and Fidelity Law

In 1986, Clark Fetzer joined Paul R. Howell and David L. Hughes to form Howell, Fetzer & Hughes, a construction and surety boutique firm in Salt Lake City that later opened an office in Santa Ana, California to service the firm’s surety clients, including United Pacific/Reliance Insurance Company. Since that time, Clark and others in the Surety and Fidelity Practice Group have handled a broad spectrum of surety matters for more than a score of bonding companies. Representative of those matters are:

  • Highway contractor defaults on multiple contracts, including prosecuting assigned claims against public obligee and enforcing letter of credit in favor of surety
  • Defending subcontract performance bond claim on highway project
  • Developer bonds and improvement bonds
  • Prosecuting surety’s claims against FDIC to enforce lender’s set aside letter
  • Defending Miller Act and Little Miller Act claims
  • Asserting discharge of surety for improper payments, cardinal change, default by obligee, and failure to tender balance of contract funds
  • Defending surety bad faith claims on payment and performance bonds
  • Actions on indemnity agreements, including claims for exoneration and quia timet and enforcement of collateral and books and records clauses
  • Prejudgment attachments
  • Salvage and collection

The attorneys at Mountain West Law® have practiced surety law and fidelity law for over 20 years. We have represented sureties in several case types, from resolving performance bond defaults to defending payment bond claims. We have the knowledge and experience to assist clients through many complex surety and fidelity legal matters. Find out how we can help you. Contact our attorneys today.

How Our Firm Can Help

Our lawyers can help clients resolve a variety of bond claims. We offer representation to sureties on construction, development, fidelity, and other types of bonds and related issues throughout Utah. We have the power to prosecute actions to enforce indemnity agreements, including prejudgment attachment of assets. We have extensive experience representing and advising clients on both private and government contract disputes.

If you need an attorney who can aid your recovery efforts as a surety dealing with business or regulatory law issues, contact us. Our firm understands the intricate details of these cases and knows how to litigate them in our clients’ best interests. No matter what type of surety law or fidelity law issue you are facing, discuss your case with our lawyers for assistance.