Bradford R. Carver

SENIOR PARTNER | BOSTON, MA
(857) 504-1140

Bradford Carver is an experienced trial lawyer with a particular emphasis on surety, fidelity, construction and commercial litigation.  He began his legal practice in 1980 as an attorney for a major surety company and subsequently moved into private practice. Brad’s practice covers all of the New England states as well as matters throughout the country. Over the years he has addressed complex construction and surety issues, often involving multiple projects at various stages of construction.

Although Brad has successfully tried many cases, he prides himself on his ability to achieve pragmatic solutions to complex construction and surety issues through direct negotiations with owners, contractors and subcontractors, or through alternative dispute resolution procedures. Brad is considered an expert on surety law and he is routinely consulted on issues involving performance bond claims, drafting of completion and takeover agreements, indemnity and bankruptcy.

Honors & Awards

  • Chambers USA-List of Top Construction Lawyers in Massachusetts 2022-2024
  • Chosen by Business Today as One of Top Ten Massachusetts Construction Lawyers in 2023
  • Recognized by Best Lawyers®” for Commercial Litigation, 2015-2025; Construction Law, 2015-2025; Litigation – Construction, 2015- 2025
  • Recognized by Best Lawyers® as “Lawyer of the Year” in Boston, 2019, 2021, 2023 for Litigation – Construction, Commercial Litigation and Construction Law
  • Recognized as a “Super Lawyer” by Massachusetts Super Lawyers magazine, 2004- 2022
  • AV® Peer Review Rating from Martindale-Hubbell its highest rating for ethics and legal ability

Memberships & Affiliations

  • American Bar Association
    • Tort and Insurance Practice Section
    • Fidelity and Surety Law Committee
    • Forum on the Construction Industry
  • Associated General Contractors of Massachusetts (AGC MA)
  • Massachusetts Building Congress
  • National Bond Claims
  • Surety Association of Massachusetts
  • Surety Claims Institute

Representative Matters

  • Stonington Water Street Assoc., LLC Hodess Building Co., Inc., 792 F. Supp 2d 253 (D. Conn. 2011), aff’d 472 Fed. Appx. 71 (July 9, 2012).
  • Dowd Plumbing v. Travelers Casualty & Surety Company of America, 73 Mass.App. 1120, 900 N.E.2d 912 (2009).
  • Reliance Insurance Company City of Boston,71 Mass. App. 550,884 N.E.2d 524 (2008).
  • C&I Steel, Travelers Casualty and Surety Company of America, 70 Mass. App. 653, 876 N.E. 2d 442 (2007).
  • Williams Ashland Engineering, 45 F.3d 588 (1st Cir. 1995).
  • Jefferson Bank Progressive Casualty Ins. Co.,965 F.2d 1274 (3d. Cir. 1992).
  • Broadway National Bank Progressive Casualty Ins., 775 F.Supp. 123 (NYDC 1991).

Presentations

Brad has lectured extensively on the topics of fidelity and surety. He has spoken before the American Bar Association, New England Bond Claims Association, National Association of Independent Sureties, National Bond Claims Association, Chicago Surety Claims Association, and Fidelity Law Association.

A sampling of his presentations includes:

  • “Scollick Decision Provides Surety Industry with Important Insights for Avoiding FCA Liability,” National Association of Surety Bond Producers (NASBP), September 2022.
  • “Legal Aspects of Contract Changes Claims in the E, P, and C – What should be in the Contract?,” and “What Not to Do When Preparing Claims – Interactive War Stories Session,” AACE National Convention, Boston, MA, June 2021.
  • “Non-Dischargeable Debts in Bankruptcy,” Philadelphia Indemnity Insurance Company Annual Claims Conference, November 2020.
  • “Change Orders, Extras and Claims,” Spring Conference, ABA Tort and Insurance Practice Committee, Fidelity and Surety Sub-Committee, Austin, TX, May 2019.
  • “The Law of Performance Bonds 3rd: Common Defenses and Affirmative Claims Asserted by Principals and Indemnitors,” Mid-Winter Meeting, ABA Tort and Insurance Practice Committee, Fidelity and Surety Sub-Committee, San Diego, CA, January 2019.
  • “Best Practices for Negotiating Takeover and Tender Agreements,” Surety Claims Institute 43rd Annual Meeting, Beaver Creek, Colorado, June 22, 2018.
  • “Yes, You Can: Recovery From lndemnitors in Defending Bad Faith Claims Against a Surety,” 21st Annual Eastern Bond Claims Review Seminar, Short Hills, New Jersey, June 2018.
  • “Arbitration as a Shortcut to Resolution: Costs and Considerations and Relative Merits of Arbitration,” Mid-Winter Meeting, ABA Tort and Insurance Practice Committee, Fidelity and Surety Sub-Committee, Washington, DC, January 2018.
  • “The Law of Payment Bonds: Notice and Suit Limitations,” Mid-Winter Meeting, ABA Tort and Insurance Practice Committee, Fidelity and Surety Sub-Committee, New York, New York, January 2016.
  • “How to Get Your Cake and Eat it Too – The Top Ten Mistakes to Avoid When Asserting a Bond Claim: Tips from the insiders,” Forum on Construction Law, ABA Midwinter Meeting, Phoenix, Arizona, January 2015.
  • “Surety Basics: Performance Bonds, Payment Bonds, Claims and Indemnity,” Boston Bar Association, Boston, Massachusetts, May 2013.
  • “Dos and Don’ts When Submitting a Payment Bond Claim,” Forum on the Construction Industry, American Bar Association, Boston, Massachusetts, October 2012.
  • “Change Orders, Extras and Claims: What is the Completing Surety To Do?,” Mid-Winter Meeting, ABA Tort and Insurance Practice Committee, Fidelity and Surety Sub-Committee, New York, New York, January 2011.
  • “Insurance and Bonding,” ABA Forum on the Construction Industry’s seminar “Fundamentals of Construction Law: Learn the Basics from the Pros,” Boston, Massachusetts, November 2009.
  • “Faithful Performance: The Intersection of Fidelity and Surety,” 2009 Mid-Winter Meeting, ABA Tort and Insurance Practice Committee, Fidelity and Surety Sub-Committee, New York, New York, January 2009.
  • “Litigating the Big Dig,” Hinshaw’s 2007 Insurance Services Symposium, Chicago, Illinois, May 2007.
  • “Fidelity Bonds, The Duty to Mitigate,” Surety Claims Institute.
  • “The Authorized Representative Exclusion: Placing the Risk Where it Ought to Be,” National Bond Claims Association.

Publications

  • Author, “Tender Agreements With The Federal Government: Yes, You Can – And Should,” ABA Tort Trial and Insurance Practice Section, Committee News, Fidelity & Surety Law, Winter 2023.
  • Author, “The Miller Act: Is A Default Judgment Against A Principal Binding On A Surety,” Watt, Tieder Newsletter, Winter 2020.
  • Contributor, “Arbitration and the Surety,” “Arbitration as a Shortcut to Resolutions: Costs and Considerations and Relative Merits of Arbitration,” ABA TIPS Fidelity and Surety Law Committee, 2020.
  • “Change Orders, Extras and Claims,” Spring Conference, ABA Tort and Insurance Practice Committee, Fidelity and Surety Sub-Committee, Austin, TX, May 2019.
  • “The Law of Performance Bonds 3rd: Common Defenses and Affirmative Claims Asserted by Principals and Indemnitors,” Mid-Winter Meeting, ABA Tort and Insurance Practice Committee, Fidelity and Surety Sub-Committee, San Diego, CA, January 2019.
  • “Bond Default Manual,” Contributor Fourth Edition, Chapter on “Tender”, ABA TIPS Fidelity and Surety Law Committee, 
  • Co-Author, “Can an Obligee’s Delayed Termination of a Principal Under an A312 Performance Bond Discharge the Surety?” Surety Claims Institute Newsletter,25, No. 3, September 2013.
  • Contributor, “Underwriters Desk Handbook,” (New Hampshire), Mid-Winter Meeting, ABA-TIPS, Fidelity and Surety Law Committee, American Bar Association, 2013.
  • Contributor, “Payment Bond Manual, Third Edition,” sections on Massachusetts, New Hampshire and Vermont, The American Bar Association, April 2006.
  • Contributor, “The Law of Motor Vehicle Dealer Bonds,” ABA-TIPS, Fidelity and Surety Law Committee, American Bar Association, 2006.
  • Contributor, “Performance Bond Manual” sections on Massachusetts and Vermont law, ABA-TIPS, Fidelity and Surety Law Committee, American Bar Association, 2006.
  • Contributor, “Annotated Financial Institution Bond,” ABA-TIPS, Fidelity and Surety Law Committee, American Bar Association, 2004.
  • Chapter, “Loss and Causation,” “Handling Fidelity Bond Claims,’ Fidelity and Surety Law Committee of the American Bar Association, 1999.
  • “The Auditor’s Responsibility to Detect Fraud,” “Fidelity Law Association Journal,” Volume IV, September 1998.
  • Contributor, “Performance Bonds: The Most Important Question a Surety Can Ask,” ABA-TIPS, Fidelity and Surety Law Committee of the American Bar Association, 1997.
  • “The Authorized Representative Exclusion,” paper for the National Bond Claims Association, 1996.
  • Contributor, “Miscellaneous Bonds,” ASA-TIPS, Fidelity and Surety Law Committee of the American Bar Association, 1993.

 

Areas of Practice

  • Surety
  • Fidelity
  • Construction
  • Commercial Litigation

Education

  • Western New England College School of Law, J.D., cum laude, 1980
  • Colgate University, A.B., 1977

Bar Admissions

  • Connecticut
  • Massachusetts

Court Admissions

  • U.S. Court of Appeals for the 1st Circuit
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 6th Circuit
  • U.S. Court of Appeals for the 3rd Circuit
  • U.S. District Court for the District of Connecticut
  • U.S. District Court for the District of Massachusetts