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Fidelity and surety matters involve unique legal issues that require the advice and counsel of attorneys who have specific and extensive experience dealing with these issues on behalf of their clients. At Simon, Peragine, Smith & Redfearn, we have been handling fidelity and surety matters for clients in New Orleans and throughout the Gulf Coast region since 1979.

Several of our attorneys are recognized leaders in the area of fidelity and surety law having served in a leadership position as chairs and vice chairs of the ABA Fidelity and Surety Law Committee as well as DRI Fidelity and Surety Committee, and have been honing their practices for decades. As a result, not only are we aware of how the law has developed over the years, but we have helped to develop it. Our clients benefit from the unique experience and insights of our fidelity and surety law practice group, and the results of our representation speak for themselves.

Matters We Handle

We represent clients in transactions, disputes and litigation involving all fidelity and surety-related issues.

Liens and Privileges

Liens and privileges establish security interests in real property and against surety bonds. We represent clients in establishing, enforcing and challenging the enforcement of liens and privileges in connection with construction projects and other matters.

Payment and Performance Bonds

Payment and performance bonds are surety bonds issued to either guarantee payment by a contractor or subcontractors of the amounts due to its subcontractors and suppliers, or to guarantee the performance of the work to be performed under a contract or subcontract. Our firm has extensive experience representing sureties, obligees, principals and other interested parties with regard to all aspects of payment and performance bonds and claims. This includes negotiation and settlement, or when appropriate, litigation of disputes as well as drafting of complex takeover agreements and completion contracts for the projects.

Miscellaneous Bonds (including Appeal, Motor Vehicle Dealer, and Notarial Bonds)

In addition to representing clients with respect to payment and performance bonds, we also represent parties in connection with the issuance and enforcement of appeal, motor vehicle dealer and notarial bonds.

Financial Institution Bonds and Commercial Crime Coverage

We represent issuers, insurers, banks and other financial institutions with respect to sureties and insurance coverage for crime-related losses. This includes losses due to employee infidelity, third-party theft, loss of assets in transit, forgery, counterfeiting and other forms of fraud.

Uniform Commercial Code (UCC) Filings

UCC security interests play a central role in the construction industry. Our lawyers routinely represent clients in connection with filings, attachments and enforcement proceedings under Article 9 and other key provisions of the UCC.

Indemnity Actions

We have extensive experience representing sureties in claims against indemnitors seeking the collection of losses, costs, expenses and attorneys’ fees incurred as a result of issuing surety bonds.

Miller Act Claims

Our firm has significant experience representing sureties with regard to federal government contracts and payment and performance bond issues under the Miller Act.