SURETY BONDS

In our practice, we provide legal advisory about all the aspects related with surety bonds both national and international.

 

More than 13 years of experience of having working in the legal area of a Surety allows us to know deeply about the important aspects and strategies that sureties follow when they receive a claim, which grants us the advantage of being able to implement the necessary legal engineering to get ahead and be able to protect the rights and patrimony of our clients.

In our practice, we provide legal advisory about all the aspects related with surety bonds both national and international, including litigation during all the stages of the proceedings. You will find the following specialized services that our firm offers:

Legal Advice to beneficiaries:

  • Drafting and filing of claims regarding surety bonds before sureties to achieve a successful collection of the bonds, which may be advance payment bonds, performance bonds, good quality bonds, contractual penalties bond, labor contingencies bond, liquid damages bond or any other guarantee that is needed.
  • Drafting and filing of claims before the National Commission for the Defense of Financial Services Users (CONDUSEF).
  • Drafting and filing of Special Bond Suits against the rejection letters issued by the Sureties as well as the proper continuation during all stages of litigation, including appeals and habeas corpus.
  • Legal Advisory in surety bond affairs. Revision and drafting of the main agreement or source document as well as the wording of the surety bond to make sure the guarantee can be collected effectively, should the need arise. Feedback about the Sureties with good payment record in case of claim, as well as advisory about the aspects that make it easier for the Sureties to pay a claim. We develop the legal engineering in order to make the surety bond executable in case of default by the Principal. Structuring of bonding agreements and administration of risks.

Legal Advice to Principals, Joint Obligors or Co-obligors:

  • Preventive consulting to minimize the legal risks in case of a default and protect the patrimony of the Principal and/or the Co-obligors in case of claim or a lawsuit.
  • Design of a legal strategy to minimize the economic impact in case of a default and protect the patrimony of the Principal and/or Co-obligors in case of claim or a lawsuit.
  • Drafting of responses to claims filed against Principals or Co-obligors within the claim process according to the Federal Law of Sureties (Mexican law), in order to provide the surety with the legal support to avoid the payment of the bond.
  • Litigation and elaboration of the legal strategy in Ordinary Commercial Suits filed by the Sureties to avoid liens from being attached to our clients’ assets.
  • Defense Litigation in case the claim is paid and the Principal or the Co-obligors consider the payment illegal.
  • Legal Advice about any matter related with surety bonds both national and international.

CONTACT

Plaza Delphi, Suite 502, 5th. Level

Boulevard Antonio L. Rodríguez 3058,

Col. Santa María, Monterrey, Nuevo León, México

Ph. +52.81.8242.7015 | +52.81.1769.8514

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