Surety and Construction Law

Mann, Berens & Wisner has, since its inception, maintained a substantial practice in the area of surety law.  The firm’s surety lawyers have experience actively negotiating with project owners, creditors and financially troubled contractors.  Our lawyers have expertise in matters concerning default, project completion and takeovers by sureties and financing arrangements.  MBW provides representation and guidance in all phases of litigation involving such matters as construction disputes, bond claims, and contract defaults. For our surety clients, we aggressively pursue defaulting bond principals for indemnity. MBW’s surety clients include nearly all the sureties that issue bonds in Arizona and Nevada.

MBW’s lawyers have represented clients in federal trial and bankruptcy courts, state trial courts, and appellate courts of all levels. Our attorneys also utilize alternative dispute resolution, participating in arbitration and mediation as both advocates for our clients and as arbitrators and mediators familiar with the industry.

MBW’s lawyers frequently represent sureties in large bankruptcy proceedings involving contractors, subcontractors, and project owners.  The firm's attorneys represent the interests of sureties in pre-bankruptcy and post-filing negotiations of reorganization plans, conflicts regarding unpaid proceeds of bonded contracts, negotiations regarding assumption of bonded obligations, and other issues affecting the surety.  Our senior bankruptcy lawyer is certified as a bankruptcy specialist by the State Bar of Arizona and the American Bankruptcy Board of Certification.

Our active participation in industry groups and educational programs allows us to stay current with the developments in construction and surety law, and allows us to better serve the needs of our clients. The firm’s attorneys are actively involved as members, officers and directors of the National Bond Claims Association, Surety Claims Institute, Fidelity and Surety Law Committee (FSLC) of the American Bar Association, and International Association of Defense Counsel (Fidelity & Surety Law).  Our senior lawyers include the past chair of the FSLC and a past and current vice-chair of FSLC. MBW’s attorneys frequently publish and lecture on various topics related to surety and fidelity law and bankruptcy.