Todd R. Braggins, Partner, focuses his practice in the fields of contract and commercial suretyship, fidelity, and construction law. In addition to his trial and appellate practice, Mr. Braggins counsels clients in all areas impacting the surety, fidelity and construction industries.

Mr. Braggins has extensive experience with payment and performance bond claim analysis, investigation and resolution, including complex performance bond claims. Mr. Braggins is an advocate for the prompt, aggressive, independent investigation of claims in an effort to mitigate and prevent loss.

Mr. Braggins has represented numerous contractor clients in matters involving contract negotiations and disputes, contract documents and litigation of claims. He has also represented international Brazilian corporations relative to the conversion of oil production platforms located in Brazil.

Mr. Braggins has also conducted numerous partnering sessions involving contractors, subcontractors, public agencies and public owners in an effort to facilitate the timely and efficient completion of projects without resort to litigation.

Practice Areas:

• Surety and Fidelity Law
• Construction Law
• Construction Litigation
• Alternative Dispute Resolutions
• Commercial Litigation
• Arbitration
• Mediation

Court Admissions:

• New York
• U.S. District Court, Northern, Southern, Eastern and Western Districts of New York
• U.S. Court of Appeals, Second Circuit
• New Mexico (Inactive)
• U.S. District Court, District of New Mexico
• U.S. Court of Appeals, Tenth Circuit

Reported Cases:

Benchemark Printing, Inc. v. American Mfrs. Mut. Ins. Co., No. 00-CV-0865, 2001 WL 66310 (N.D.N.Y. Jan. 26, 2001); N. American Specialty Ins. Co. v. Schuler, 291 A.D.2d 924 (4th Dept. 2002); N. American Specialty Ins. Co. v. Montco Constr. Co., No. 01CV0246E(SR), 2003 WL 21383231 (W.D.N.Y. May 9, 2003); American Safety Cas. Ins. Co. v. New York City School Constr. Auth., 16 A.D.3d 138 (1st Dept. 2005); American Safety Cas. Ins. Co. v. New York City School Constr. Auth., 33 A.D.3d 441 (1st Dept. 2006), appeal denied, 8 N.Y.3d 804 (2007).

Publications:

Co-Editor and Contributing Author: ABA “Payment Bond Manual, Third Edition,” 2006 American Bar Association. Co-Author: “Joint Ventures in Construction,” National Association of Surety Bond Producers, 1994; “A Surety’s Options: Financing vs. Relet,” National Association of Surety Bond Producers, 1999; “Insured’s Claim For Lost Profits and Lost Referral Commissions Not Covered Property Under ‘Clear Language’ of The Bond,” Tort Trial and Insurance Practice Section, Fidelity and Surety Law Committee Newsletter, American Bar Association, Spring 2001.

Speaking Engagements:

Program Co-Chair and Speaker: “Working Out Your Payment Bond Claim Issues,” ABA/TTIPS/FSLC 2006. Lecturer: “Lien Law Basics in New York,” 1994-1995; “New York Lien Law,” 1997-1998; “Dealing with Constructions Bonds,” 1996; and “Advanced Construction Law in New York,” 2003. Faculty: “Outreach Back to Basics Contract Surety Claims Handling,” ABA/TTIPS/NASBP/AGC 2004. Presenter: “Construction Claims—Avoid Them or Be in To Win,” AACE Conference 2004 and “Latest Trends Affecting Sureties and Their Contractors,” National Association of Independent Sureties (NAIS) 2005.

Professional Associations:

• American Bar Association (Member: Tort, Trial & Insurance Practice Section:Fidelity and Surety Law Committee; The Forum on the Construction Industry)
• National Bond Claims Association
• Surety Claims Institute
• Chicago Surety Claims Association