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Blog

Ashley Robinson Co-Authored: Understanding Sureties: Why Do They Do What They Do?, for the ABA’s Construction Lawyer Fall 2025 Magazine, “Managing Expectations”

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D’Arcy Vicknair special counsel, Ashley Robinson, co-authored an article in the American Bar Association’s Constrution Lawyer Fall 2025 Magazine, “Managing Expectations”: “Understanding Sureties: Why Do They Do What They Do?”

Ashley, along with Douglass Wynne Jr., detail how to learn about the risks sureties face when financing principals, their rights to contract funds, and how they can assert defenses related to the obligee’s actions and project specifications.

 

 

Click on the image below to log into the American Bar Association’s website to access the article.

Sureties and Pay-If-Paid Clauses: Balancing Subcontractor Protection with Freedom to Contract, by Adrian D’Arcy and Ashley Robinson

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D’Arcy Vicknair founding partner, Adrian D’Arcy, along with Special Counsel, Ashley Robinson, co-authored an article titled “Sureties and Pay-If-Paid Clauses: Balancing Subcontractor Protection with Freedom to Contract” for the American Bar Association’s Tort Trial and Insurance Practice Section’s magazine, The Brief. Adrian and Ashley used their collective expertise in the field of surety law to delve into pay-if-paid clauses.

 

 

 

 

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Louisiana Supreme Court: Claims for Indemnity are not Premature, by Margaret Davis

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Louisiana Supreme Court Clarifies that Third Party Demands and Cross Claims for Indemnity are Not Premature Before a Decision on the Main Demand, by Margaret N. Davis

On Friday, the Louisiana Supreme Court issued a written opinion in Daniel Bennett v. Demco Entergy Services, LLC et. al., No. 2023-CC-01358 (5/10/24) finally settling an important conflict in Louisiana law. The Court found that cross claims for contractual indemnity and defense are not premature when they are asserted before liability is determined in the main demand. For several years, a circuit split emerged based on several Louisiana Supreme Court decisions that led courts in some circuits to find that cross claims for indemnity were premature before liability was determined. In the construction context, this frequently led to harsh consequences for general contractors, because while they waited for liability to be determined in the main demand, their indemnity cross claims against subcontractors were perempted (dead or unactionable) after five years under La. R.S. 9:2272.  In short, cross claims could be premature during the five-year limit and perempted after the five-year limit.

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The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence by Andrew Vicknair

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D’Arcy Vicknair founding partner, Andrew Vicknair, recently authored a blog for the American Bar Association and posted on The Dispute Resolver: The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence.

 

 

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Two Avenues of Recovery – a Payment Bond Surety and Release of Lien Bond Surety; by Andrew Vicknair

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SATCO v Professional Application Services, Inc.

TWO AVENUES OF RECOVERY – A PAYMENT BOND SURETY

AND RELEASE OF LIEN BOND SURETY

By: Andrew Vicknair

Today, the Louisiana First Circuit Court of Appeal ruled that a claimant, such as a sub-subcontractor, has the right to assert claims against both a payment bond surety and a release of lien bond surety in connection with unpaid claims on a public Project.  The ruling was issued in SATCO, Inc. v Professional Application Services, Inc. and Suretec Insurance Company, 2023-0012 (La. App. 1st Cir. 10/19/23) —So.3d —. 

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