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Cooperative Surety Can Help Salvage a Defaulted Project

By Kenneth M. Block and John-Patrick Curran

Picture this scenario: You are the owner/developer of an office building that is approximately 50% complete and you are operating under a tight time schedule to complete the project and deliver possession to several tenants. Your general contractor informs you that, due to economic distress, the last requisition funded by your lender was used to pay subcontractors on a different project. You also are informed that the general contractor plans to close its business and that several subcontractors are preparing to file liens. The project is grinding to a halt.

By working with the general contractor's payment and performance bonds surety, the project can be resurrected and placed on a sound path to completion. This article provides a helpful guide to the practical operation of payment and performance bonds in the context of an undisputed contractor default.

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