On this episode of Building Up, Jonathan Burwood, a partner in Watt, Tieder, Hoffar & Fitzgerald L.L.P.’s Boston office, joins the show to discuss the foundations of performance bonds in the construction industry with a specific focus on the AIA Document A312TM-2010 Performance Bond. We go over the general framework of the bond and the obligations and rights amongst and between the parties including the surety, principal contractor, and owner. Jonathan then walks us through his recent case and the First Circuit’s decision in Arch Ins. Co. v. The Graphic Builders LLC, 35 F.4th 12 (1st Cir. 2022), in which Jonathan successfully represented a surety in a dispute involving a claim under an AIA Document A312TM-2010 Performance Bond.

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