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    The Contract Bond Surety's Subrogation Rights

    Edited by George J Bachrach, James D Ferrucci, and Dennis J Bartlett

    The Contract Bond Surety's Subrogation Rights

    The Contract Bond Surety's Subrogation Rights

    Edited by George J Bachrach, James D Ferrucci, and Dennis J Bartlett

    This comprehensive book focuses exclusively upon the law relating to the contract bond surety's common law right to equitable subrogation. The surety industry and other parties who may assert a right to the bonded contract funds must understand the concepts, reasoning and equities that support the surety's subrogation rights. The authors provide not only the basics behind the contract bond surety's subrogation rights, but also the legal and equitable arguments that may be made in asserting those rights in any dispute, negotiation or litigation.

    The Contract Bond Surety's Subrogation Rights

    Edited by George J Bachrach, James D Ferrucci, and Dennis J Bartlett

    The Contract Bond Surety's Subrogation Rights

    The Contract Bond Surety's Subrogation Rights

    Edited by George J Bachrach, James D Ferrucci, and Dennis J Bartlett

    This comprehensive book focuses exclusively upon the law relating to the contract bond surety's common law right to equitable subrogation. The surety industry and other parties who may assert a right to the bonded contract funds must understand the concepts, reasoning and equities that support the surety's subrogation rights. The authors provide not only the basics behind the contract bond surety's subrogation rights, but also the legal and equitable arguments that may be made in asserting those rights in any dispute, negotiation or litigation.
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    This detailed and comprehensive book addresses the contract bond surety's subrogation rights. The book flows from the general principles and required elements of the surety's subrogation rights to the application of those rights in specific situations.

    Chapters address: (a) the basic issues and rights of the contract bond surety's asserting its common law right to equitable subrogation, the treatment of the contract bond surety's subrogation rights in the RESTATEMENT OF THE LAW (THIRD) SURETYSHIP & GUARANTY, and the parties' rights to which the surety may assert its subrogation rights (Chapters 1-3); (b) the necessity of the principal's default, the surety's performance upon the principal's default, and the surety's notice of the assertion of its subrogation rights (Chapters 4-6); (c) the surety's assertion of its subrogation rights to the bonded contract funds and other property in competition with the obligee, the principal, the principal's subcontractors and suppliers, assignees/lenders, trustees and debtors in bankruptcy, taxing authorities and other governmental lien creditors, and the principal's general and judgment creditors (Chapters 7-13); and (d) the surety's subrogation rights to the obligee's and principal's common law and contractual setoff rights, the many issues involving the surety's subrogation rights and claims against the federal government (including jurisdictional and substantive issues), and the surety's assertion of its subrogation rights against third parties such as design professionals, lenders, insurers and others (Chapters 14-16).

    This book is essential for both sureties and any other parties and their counsel competing with the surety for the bonded contract funds and other property.

    Product Details

    Sponsors

    Fidelity and Surety Law, Tort Trial and Insurance Practice Section

    Publishers

    ABA Book Publishing

    ISBN

    9781627220125

    Page Count

    754

    Product Code

    5190494

    Trim Size

    6 x 9 Paperback

    Publication Date

    4/30/2013 12:00:00 AM

    Sponsors

    Fidelity and Surety Law, Tort Trial and Insurance Practice Section

    Publishers

    ABA Book Publishing

    ISBN

    9781627220132

    Page Count

    754

    Product Code

    5190494EBK

    Trim Size

    6 x 9

    Publication Date

    5/1/2015 12:00:00 AM

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