Practice Areas:

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

Education:

• Washington College of Law, The American University, J.D. 1984
• Harpur College, Binghamton University, B.A. with Honors 1981

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

Todd has extensive experience with payment and performance bond claim analysis, investigation and resolution, including complex performance bond claims. He is an advocate for thorough, independent investigation of claims to mitigate and prevent loss. His efforts recently resolved a complex, decades-long, multi-party litigation resulting in no loss or net expense for our surety client.

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

Understanding the value of working together even where parties’ positions may be adverse, Todd has effectively conducted numerous partnering sessions involving contractors, subcontractors, sureties, public agencies and public owners to facilitate the timely and efficient completion of projects without litigation.

Court Admissions:

• New York
• New Mexico
• U.S. District Court, Northern, Southern, Eastern and Western Districts of New York
• U.S. District Court, District of New Mexico
• U.S. Court of Appeals, Second and Tenth Circuits
• U.S. Court of Federal Claims

Publications:

• “Complementary Provisions of the Indemnity Agreement,” Chapter 8, The Surety’s Indemnity Agreement: Law and Practice, 3d Edition, 2023 American Bar Association, Co-Author
• “Profiles in Character: Two Tales of Financing – the Bond Producer’s Role,” National Association of Surety Bond Producers Surety Bond Quarterly, vol. 8, no. 2, Summer 2021, p. 10
• “Adoption of Spearin at State and Federal Levels: A 100 Year Synopsis,” 2017 Pearlman Association Annual Conference, Co-Author
• “Assignments,” 2017 Surety Claims Institute, Co-Author
• “The Surety’s Relationship with The Principal’s Subcontractors and Suppliers,” Chapter 10, Bond Default Manual, 4th Edition., 2015 American Bar Association, Co-Author
• “The ConsensusDocs Surety Bond Forms,” Chapter 3, ConsensusDocs Contract Documents Handbook, Aspen Publishers, 2012
• Payment Bond Manual, 3d Edition, 2006 American Bar Association, Co-Editor and Contributing Author
• “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 & Surety Law Committee Newsletter, American Bar Association, Spring 2001
• “A Surety’s Options: Financing vs. Relet,” National Association of Surety Bond Producers, 1999
• “Joint Ventures in Construction,” National Association of Surety Bond Producers, 1994, Co-Author

Speaking Engagements:

• “Complementary Provisions of the Indemnity Agreement,” ABA/TIPS Fidelity & Surety Law Committee Midwinter Conference, 2023
• “Successful Claims Navigation Through a Tempestuous Project: Finding Fair Winds and Following Seas,” National Bond Claims Association Annual Meeting, October 2021
• “The Important Role of the Bond Producer in the Decision to Finance,” Podcast Guest Speaker, National Association of Surety Bond Producers Bimonthly “Let’s Get Surety” Podcast #43
• “Silence is Golden: Using the Defaulted Principal When the Bond is Silent,” Pearlman Association Annual Conference, September 2021
• “Love Me Tender, Love Me Takeover, All Your Dreams Unfulfilled: When Owners Attempt to Limit the Surety’s Performance Options,” National Bond Claims Association Annual Meeting, October 2017
• “Adoption of Spearin at State and Federal Levels: A 100 Year Synopsis,” Pearlman Association Annual Conference, September 2017
• “Avoiding Pitfalls in Taking Assignments,” Surety Claims Institute Annual Meeting, June 2017
• “Performance Bond Claim Handling – Subcontractor Issues,” ABA/TIPS Fidelity & Surety Law Committee Midwinter Conference, 2015
• “The Project Investigation Responsive to the Default:  Assessing the Scope of Work to Complete and Quality of Work in Place,” National Bond Claims Association Annual Meeting, 2013
• “Arranging the Team: Joint Ventures, Teaming Agreements and Federal Contracting,” Surety Association of Syracuse, 2011
• “Working Out Your Payment Bond Claim Issues,” ABA/TIPS Fidelity & Surety Law Committee Spring Meeting, 2006, Program Co-Chair and Speaker
• “Latest Trends Affecting Sureties and Their Contractors,” National Association of Independent Sureties, 2005
• “Outreach Back to Basics Contract Surety Claims Handling,” ABA/TIPS/NASBP/AGC joint program, 2004
• “Construction Claims – Avoid Them or Be in To Win,” AACE Conference 2004
• “Advanced Construction Law in New York,” Lorman Education Services, 2003
• “New York Lien Law,” Lorman Education Services, 1997-1998
• “Dealing with Construction Bonds,” Lorman Education Services, 1996
• “Lien Law Basics in New York,” Lorman Education Services, 1994-1995 

Noteworthy Reported Cases:

• American Safety Cas. Ins. Co. v. New York City School Constr. Auth., 33 AD3d 441 (1st Dept 2006), appeal denied, 8 NY3d 804 (2007)
• American Safety Cas. Ins. Co. v. New York City School Constr. Auth., 16 AD3d 138 (1st Dept 2005)
• N. American Specialty Ins. Co. v. Montco Constr. Co., 2003 WL 21383231 (WDNY 2003)
• N. American Specialty Ins. Co. v. Schuler, 291 AD2d 924 (4th Dept 2002)
• Benchemark Printing, Inc. v. American Mfrs. Mut. Ins. Co., 2001 WL 66310 (NDNY 2001)

Professional Associations:

• American Bar Association
  • Tort, Trial & Insurance Practice Section
    • Fidelity & Surety Law Committee
    • Past Vice Chair and Newsletter Co-Editor
  • Forum on Construction Law
• National Association of Surety Bond Producers
  • Former Attorney Advisory Council member
• National Bond Claims Association
• Surety Claims Institute
• Pearlman Association
  • Co-Chair, Pearlman Association Annual Conference, 2019
• Philadelphia Surety Claims Association
  • Scholarship and Membership Committees
• Chicago Surety Claims Association
• Atlanta Surety Claims Association
• Surety Association of Syracuse

Recognitions:

• Martindale.com; AV Preeminent Rating
• Super Lawyers; Upstate New York; Surety Law (2013-present)