Surety and Fidelity Bonding
Whitfield & Eddy actively counsels and represents clients in the area of surety and fidelity bond coverage. John Fatino and Drew Gentsch are members of the Fidelity and Surety Law Committee of the Tort and Insurance Practice Section of the ABA, the ABA Forum on the Construction Industry and the Surety Association of Iowa. Gentsch is also a member of the National Bond Claims Association.
In addition to advising clients and litigating construction and surety matters, both are writers and speakers on industry-related topics:
- Drew Gentsch, co-author with Bryce D. Holzer, "Public or Private: When Does a Private Claim Become a Public Improvement Payment Bond Claim," Fidelity & Surety Law Committee Newsletter (of ABA-TIPS), Fall 2017.
- Drew Gentsch, presenter, "Recent Successful Caselaw on Collateral Deposit," The Surety's Application to Compel the Deposit of Collateral Under the General Indemnity Agreement ABA-TIPS Webinar, June 2017
- John Fatino, panelist, "Surety Liability Under Performance Bonds," American Bar Association Fidelity and Surety Law Committee Spring Meeting, May 2017, Naples, FL.
- John Fatino, co-author with Zachary J. Hermsen, "Freedom of Contract Collides with Public Policy: A Trend Under the Miller Act of Invalidating Dispute Clauses in Contractor/Subcontractor Agreements," Fidelity & Surety Law Committee Newsletter (of ABA-TIPS), Spring 2016.
Cases and Transactions
The firm has successfully been involved in numerous surety matters including, but not limited to:
- Contractor default situations and takeover thereof, including the attendant negotiations for and contracting with completion contractors.
- Performance, payment, mechanic's lien, maintenance and miscellaneous bond claims.
- Successful involvement in numerous fidelity bond claims and resolutions thereof.