Surety and Fidelity

Founded by George C. Mitchel, who remains Of Counsel to the firm, the Booth, Mitchel & Strange LLP surety and fidelity group is one of the largest and most respected in California. We represent sureties in default and completion matters involving private and public performance bonds and in claims and litigation involving private and public payment, subdivision, financial guarantee, and license bonds, among others. Our attorneys are active in the Western States Surety Conference, The Surety Claims Association, the American Bar Association's Torts and Insurance Practices Section and other state and local surety trade associations. We practice extensively in the area of commercial and financial institution fidelity claims with expertise in the evaluation of coverage, litigation of complex claims and prosecution of recovery actions.

Aggressive and innovative in our approach, we have tried many jury and bench trials in complex cases involving performance, exoneration, acceleration, interference, indemnity and subrogation in State Courts, Federal District Courts, the Federal Court of Claims, Federal Bankruptcy Courts and before the Board of Contract Appeals. We have pioneered implementation of surety financing of completing contractors in order to minimize loss. We helped a surety finance a large multi-faceted construction conglomerate in default on several large projects, disposing of hundreds of bond claims over 10 years, enabled the surety to recover 98% of its advances and avert almost $30 million in bond losses. In another matter, where a surety issued over $6 million in financial guarantee bonds to assure banks that investors would pay their deferred capital contributions, we successfully defended the surety when the investors sued syndicate participants for conspiracy to defraud, preserved the surety's right to indemnity from the investors and recovered substantially all the sums paid by the surety.