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Surety Legal Issues: Orange County and San Diego

Worley Law, P.C. specializes in surety law. Attorney Kirsten Worley has been representing sureties for over a decade, and has successfully handled some of the highest stakes litigation and transactions in the industry. In addition to representing sureties, due to the breadth of the firm's surety industry experience, the firm is also adept in assisting distressed contractors in navigating their surety relationships and other financial industry participants in understanding the nature of a surety bond.

The firm handles all aspects of bond disputes, including with respect to performance bonds, payment bonds, subdivision bonds, commercial bonds, probate bonds, license bonds, stop notice release bonds, mechanics' lien bonds, and FDIC depository insurance bonds, among others. Worley Law, P.C. also handles indemnity and subrogation litigation, disputes and workouts. Kirsten Worley has built a strong reputation in the industry for disposing of indemnity litigation through aggressive motion practice and workout solutions with principals and indemnitors.

Worley Law, P.C. is also one of the few firms in the U.S. which specializes in surety rights and construction issues in bankruptcy and insolvency proceedings, including with respect to the effect of bankruptcy upon project completion and takeover, motions for relief from the automatic stay, preference avoidance actions, turnover actions by trustees, supplier reclamation rights, proof of claim prosecution, and nondischargeability adversary proceedings.

In addition to litigation matters, given her commercial and lending law background, Kirsten Worley has advised sureties with respect to high-end underwriting matters, including for large international accounts and complex transactions, and with respect to insurance regulations relating to financial guaranty insurance and the Appleton Rule. Ms. Worley has assisted, and continues to assist, in the drafting of indemnity agreements, bonds, and financing agreements for some of the largest sureties nationally and internationally.

Kirsten Worley is actively involved in the American Bar Association's Tort Trial and Insurance Practice Section, Fidelity and Surety Law Committee, where she is co-chair of the Bankruptcy Subdivision. She is also an active participant with Surety Fidelity Association of America and the Pearlman Association. Ms. Worley has authored several national publications and been an event speaker with surety organizations.

Worley Law, P.C.'s services related to the surety industry include the following:

  • Bond claims, including performance bond claims, payment bond claims, subdivision bond claims, and commercial bond claims
  • Tender agreements, takeover agreements, and completion agreements relating to bonded construction projects
  • Financing agreements and indemnity workout agreements
  • Prosecution and defenses of indemnity and other claims between sureties, principals and indemnitors
  • Prosecution and defense of lien priority disputes, including related to tax liens, labor liens, mechanics' liens, and bank security agreements
  • Surety rights of indemnity, subrogation, assignment, Uniform Commercial Code Article 9 rights under security agreements, and Restatement of Surety and common law rights
  • Surety's rights in the bankruptcy of the principal and indemnitors, including in adversary proceedings
  • Underwriting issues relating to new bonds, insurance regulations and terms of indemnity agreements
  • Collection actions and strategies, including with respect to writ of attachment, judgment execution, UCC Article 9 remedies, and other levies for enforcement of debts

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Worley Law, P.C.

San Diego Office:
1572 Second Avenue
San Diego, CA 92101
Phone: 619-550-1004
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Orange County Office:
26632 Towne Centre Drive, Suite 300
Foothill Ranch, CA 92610
Phone: 949-420-3706
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Worley Law, P.C. represents clients throughout Southern California including Orange County, Foothill Ranch, San Diego and Los Angeles. Select matters are handled by the firm for clients nationwide.