Recovery on Performance Bond Claim against Terminated Subcontractor

The firm represented a Prime Contractor on a public college project in Southern California. One of the Prime Contractor’s subcontractors was failing to perform. The firm defaulted, terminated, and requested substitution of the subcontractor.  The firm successfully represented the Prime Contractor in a substitution hearing with the Public Owner.  The firm also pursued a performance bond claim against the subcontractor’s surety for the Prime Contractor’s default damages, cost to complete, delay, and attorneys’ fees. The firm successfully recovered approximately 95% of the Prime Contractor’s claim paid by the subcontractor’s surety without litigation.

Counsel: Jeffrey B. Baird, Esq. and Cory P. DiBene, Esq.