Category: What’s New

Calendar of Events 2017-2018

Event Date Location DRI Construction Law Seminar March 2-3, 2017 The Cosmopolitan of Las Vegas Las Vegas, NV Southern Surety & Fidelity Claims Conference April 19-21, 2017 Hilton Downtown Nashville, TN  ABA Annual Meeting Forum on Construction Law April 20-22,

Hard at Work – Educating the World on Suretyship

For over a decade, The Florida Bar has asked us to author the “Rights and Liability of the Surety” chapter of the Florida Construction Law And Practice.  We have recently completed the 2016 Edition, which provides a comprehensive summary and

Lack of Irreparable Harm Sinks Surety’s Injunctive Rights to Collateral

The Fountain court was faced with a motion for preliminary injunction filed by a surety, seeking enforcement of the collateral security provision of an agreement of indemnity provided by its individual indemnitors.  Recognizing that its decision was based upon Florida

Recent Presentations

Edward Etcheverry      Eastern Bond Claims Review (May 2016) Chatham, NJ Does It Matter What Hat You Wear to the Party? Competing Interests to Contract Funds Between a Completing Obligee and a Payment, Performance and/or Financing Surety Read Article Guy Harrison

Surety Consent Required as Part of Section 3.1 Pre-Default Process

The Moriarty court granted Arch’s motion for summary judgment on its declaratory judgment action based upon the obligee’s failure to satisfy the conditions precedent under an AIA 312 performance bond and the obligee’s breach by unilateral completion.   This, however, was

Surety Wearing Multiple Hats Trumps Completing Obligee’s Set-Off Rights

In a very hotly contested matter, the Coastal court, in a 21-page opinion, ruled on cross motions for summary judgment that the surety wearing multiple hats – as a payment bond surety, performance bond surety satisfying outstanding payables that had

Eleventh Circuit to Address Surety’s Unilateral Completion Defense

The dispute arose from an AIA 312 performance bond issued on behalf of a pool subcontractor.  To trigger surety’s obligations, the bond required the obligee to, among other things, declare principal in default and terminate its right to perform the

Headlining at MidWinter Surety Meeting

Edward Etcheverry served as Co-Chair for the Surety Program on Friday, January 23, 2015 entitled Contractor Failure and Evaluation of the Surety’s Financing Options.

Rolling Out the Red Carpet at the Waldorf

Etcheverry Harrison LLP co-hosted a cocktail party on the evening of Thursday, January 22, 2015 at the Waldorf Astoria in New York, and a dinner outing at Nobu 57 on Friday, January 23, 2015.

Aventura Opens Floodgates to Injunctive Collateral Relief

The surety, in Liberty Mutual Insurance Company v. Aventura Engineering & Construction Corp., 534 F.Supp. 2d. 1290 (S.D. Fla. 2008), fought a pitched battle to obtain an injunction against its principal and indemnitors requiring them to post collateral sufficient to

AGC Visits Tallahassee to Amend Fla. Stat. §558

AGC intends to include “sureties” as part of the Chapter 558 statutory cure process in Florida. While some may view the benefits of an additional statutory notice requirement, the proposed amendment may require sureties to take action under Chapter 558

$1 BILLION Port of Miami Tunnel (3P Project) Officially Opens

On August 3, 2014, after months of delay, the Miami Tunnel officially opened to traffic.  The project consists of two parallel tunnels that travel beneath Biscayne Bay, connecting the MacArthur Causeway with the Port of Miami.  It was built in a public-private

Pinnacle Recognition as Top Lawyers

Etcheverry Harrison LLP is recognized as an AV-Rated law firm by Martindale Hubbell, and Edward Etcheverry was named a “SuperLawyer” for the fourth consecutive year.

Court Issues Injunction for Trust Fund Violation

Click to Read Opinion: Developers Surety and Indemnity Company v. Bi–Tech Const., Inc., 979 F.Supp.2d 1307 (S.D. Fla. 2013).