Performance Bond Claims

A performance bond claim calls upon the construction project surety to step into the shoes of its principal and perform—usually in favor of an owner who has alleged default or termination of the construction contract and is trying to complete its project. A performance bond claim triggers duties on the part of sureties, owners, contractors, and subcontractors at every level, as well as a host of complex legal issues. Shields | Mott construction lawyers know the technical aspects to the construction process, making us better able to guide clients through the process of making performance bond claims, properly investigating performance bond claims, and litigating performance bond claims. Outside the courtroom, our attorneys frequently lecture to Louisiana and national audiences about performance bond issues.

In our practice, we assist our clients with:

  • Obtaining and negotiating performance bonds
  • Modifying standard-form performance bond documents, including the AIA A312-201, to meet individual project needs
  • Federal Miller Act law
  • Louisiana Public Works Act law
  • Louisiana Private Works Act law
  • Surety investigations in the context of default and termination
  • Surety indemnity and reimbursement rights against principals and indemnitors
  • Surety bond defenses
  • Construction contract analysis
  • Takeover agreements
  • Completion contractor issues
  • Federal and state court litigation in Louisiana and across the Southeast
  • Arbitration, mediation, and negotiation of performance bond issues