Todd R. Braggins

Todd R. Braggins, Managing Partner, focuses his practice in the fields of contract and commercial suretyship, fidelity, and construction law. In addition to his trial and appellate practice, he counsels clients in all areas impacting the surety, fidelity 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 the prompt, aggressive, independent investigation of claims in an effort to mitigate and prevent loss.

Todd 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.

Todd 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
• U.S. District Court, District of New Mexico
• U.S. Court of Appeals, Tenth Circuit
• U.S. Court of Federal Claims

Publications:

• “The Surety’s Relationship with The Principal’s Subcontractors and Suppliers,” Chapter 10, Bond Default Manual, Fourth Edition, 2015 American Bar Association, Co-Author.
• “The ConsensusDOCS Surety Bond Forms”, Chapter 3, ConsensusDocs Contract Documents Handbook, Aspen Publishers, 2012, Author
• ABA “Payment Bond Manual, Third Edition,” 2006 American Bar Association, Co-Editor and Contributing Author
• “Joint Ventures in Construction,” National Association of Surety Bond Producers, 1994, Co-Author
• “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

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)

Speaking Engagements:

• Participant on National Association of Surety Bond Producers Attorney Advisory Council
• Co-Chair, Pearlman Association Annual Conference, Woodinville, WA, September, 2019
• “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, Ritz Carlton Reynolds, Lake Oconee, Greensboro, GA, October 2017
• “Adoption of Spearin at State and Federal Levels: A 100 Year Synopsis“, Pearlman Association Annual Conference, Woodinville, WA, September 2017
• “Avoiding Pitfalls in Taking Assignments“, Surety Claims Institute Annual Meeting, Nemacolin Woodlands Resort, Farmington, PA, Co-Author and Presenter, June 2017
• “Performance Bond Claim Handling – Subcontractor Issues,” American Bar Association/TTIPS/FSLC 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 (NBCA) 2013
• “Working Out Your Payment Bond Claim Issues,” American Bar Association/TTIPS/FSLC 2006, Program Co-Chair and Speaker
• “Latest Trends Affecting Sureties and Their Contractors,” National Association of Independent Sureties (NAIS) 2005
• “Outreach Back to Basics Contract Surety Claims Handling,” American Bar Association /TTIPS/NASBP/AGC 2004
• “Construction Claims—Avoid Them or Be in To Win,” AACE Conference 2004
• 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.

Professional Associations:

• American Bar Association: Member: Tort, Trial & Insurance Practice Section: Fidelity and Surety Law Committee (past Vice Chair and Fidelity and Surety Law Committee Newsletter Co-Editor); Attorney Advisory Counsel of the National Association of Surety Bond Producers; The Forum on the Construction Industry
• National Bond Claims Association
• Surety Claims Institute
• Philadelphia Surety Claims Association (Member: Scholarship and Membership Committee)
• Chicago Surety Claims Association
• Atlanta Surety Claims Association

Recognitions:

• Martindale.com; AV Preeminent Rating
• Super Lawyers; Upstate New York; Surety