Bryan Badeaux
Associate
Bryan is an associate in the firm’s Texas office. Prior to joining the firm in 2017, Bryan was Senior Claims Counsel for the largest privately-owned surety in the nation where he handled hundreds of complex and high-stake construction disputes, contract defaults, financing requests, indemnification claims, as well as miscellaneous commercial surety bond disputes throughout the country.
Bryan has extensive experience representing and counseling sureties, contractors, and owners in complex construction and suretyship litigation. He regularly litigates disputes involving contract claims, lien rights, performance bond claims, payment bond claims, subrogation claims, and claims against indemnitors.
On the transactional side of his practice, he regularly advises adjusters, underwriters, and contractors through the formation and negotiation of contract documents, underwriting forms, and security agreements. His extensive experience in administering the completion of distressed construction contracts of substantial size and complexity gives him a uniquely in-depth understanding of project administration and practical approach for curtailing inefficiencies, disputes and losses.
REPRESENTATIVE CASES
SureTec Ins. Co. v. Eternity LLC, 2018 WL 6001103 (N.D. Ala. 2018). In this federal indemnity action, the firm successfully obtained an order granting our surety client’s application for entry of a preliminary injunction requiring the indemnitors to specifically perform their collateral security obligations under an indemnity agreement by immediately posting $130,000 in cash collateral with the surety. The court opined that, despite its losses being fully liquidated, the surety would suffer irreparable harm because, absent an injunction, the surety would forever lose the benefit of its bargained-for rights under the collateral security provision of its indemnity agreement.
Travelers Cas. & Sur. Co. of Am. v. Padron, 2017 WL 9360906 (W.D. Tex. 2017). In this federal indemnity action against twenty-six indemnitors, following two unsuccessful attempts by our surety client’s prior counsel, the firm successfully obtained an order granting the surety’s application seeking a preliminary injunction requiring the indemnitors to specifically perform their collateral security obligations under an indemnity agreement by posting approximately $18,000,000 in collateral security.
PUBLICATIONS
Leveraging Transactional Risks to Negotiate Favorable Bond Terms, Surety Claims Institute Newsletter, Vol. 31, No. 3 (2018)
The Growing Importance of the Agent/Producer in the Efficient Resolution of Claims, National Association of Bond Producers, Surety Bond Quarterly, Vol. 4, No. 3 (2017)
EVENTS & SPEAKING ENGAGEMENTS
Presenter, Strategies: How to Approach and Manage a Performance Bond Claim, Southern Surety & Fidelity Claims Conference (2016)
PROFESSIONAL AND CIVIC ACTIVITIES
American Bar Association, Forum on Construction Law
American Bar Association, Tort Trial & Insurance Practice Section and Fidelity and Surety Law Committee
Dallas Surety Association
National Bond Claims Association
State Bar of Texas Construction Law Section
Surety Claims Institute
PRACTICE AREAS
Complex Commercial Litigation Construction Litigation
Surety Law
EDUCATION
J.D., Southern Methodist University Dedman School of Law (2013)
B.A., University of Houston – Clear Lake (2007)
BAR AND COURT ADMISSIONS
Texas, 2013
U.S. District Courts for the Eastern, Northern, Southern and Western Districts of Texas