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

 

Dallas Office

909 18th Street

Plano, TX 75074

bbadeaux@krebsfarley.com 

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

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