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At Alongi & Associates, LLC, our attorneys appreciate and understand the unique needs of our
surety clients. In fact, the firm's founder served as associate general counsel to a surety
company for eleven years prior to forming Alongi & Associates, LLC in 2002. Our attorneys
are active members in many industry organizations such as the DRI, the American Bar Association,
Surety Claims Institute and the Surety Association of New Jersey, to which the firm also serves
as counsel.
Our extensive knowledge of the surety and construction industries allows us to advise our
surety clients during all stages of the claim process, from the initial claims investigation
right through litigation or arbitration. We regularly review and analyze payment, performance,
subdivision and other miscellaneous bond claims. While we prefer to resolve all claims
amicably, through negotiation, we recognize that certain surety claims will undoubtedly
result in litigation or arbitration. In those situations, our extensive knowledge of surety
law combined with our litigation experience allows us to successfully and vigorously protect
our client's rights and interests.
In the area of performance bonds, we routinely assist our surety clients in determining the
propriety of a default/termination. Moreover, we recommend an appropriate course of action
in response to the claim asserted including, determining whether to takeover the project,
tender, finance the principal or deny/defend, and draft and negotiate the required agreements
for the chosen response. In situations where the surety has elected to takeover, we also
negotiate with critical subcontractors and suppliers to complete their scope of work for the
surety or its completion contractor.
Our attorneys are well versed in the myriad of issues involving payment bond claims. We
regularly analyze the validity of the claim asserted by reviewing the information and
documentation supplied by the claimant and principal's response. We also identify and evaluate
any potential surety defenses to the claim and, where appropriate, negotiate a settlement.
Alongi & Associates, LLC's attorneys have extensive experience in the area of subdivision bond
claims and litigation. Our attorneys are particularly adept at identifying surety defenses to
the claim including, whether the claim was compromises, waived or released by the actions of
the obligee. If the claim is found to be valid, we prepare and negotiate the subdivision
takeover agreements and completion agreements to minimize the surety's exposure.
Furthermore, our attorneys are committed, during all phases of the claims process, to
aggressively pursuing our client's indemnification and subrogation rights. This includes
not only litigating claims upon indemnity agreements and securing remaining contract funds
but, also, asserting claims against other responsible parties including, the principal's
subcontractors, architects, construction managers, engineers and accountants.
Our firm's surety clients include American Contactors Indemnity Company, Axa Corporate
Solutions Insurance Company, Cumberland Casualty & Surety Company, First Indemnity of America
Insurance Company, Gulf Insurance Company, HCC Surety Group, Highlands Insurance Company,
Lincoln General Insurance Company, Lumbermens Mutual Casualty Company and Mapfre Reinsurance
Corp. We also serve as counsel to the Surety Association of New Jersey.
Copyright ©2004, Alongi & Associates, LLC. All rights reserved.
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