When a bond claimant files suit against a contractor and its surety, the surety's primary concern is that its interests are properly represented in court throughout the course of the litigation.  Because the surety's liability may be coextensive with that of its principal, the surety must decide at the outset whether to retain counsel to represent the surety and the principal, allow the principal to represent itself or tender the surety's defense to the principal.

Tags: 2009 July Issue , legal