Jonathan C. Burwood

Jonathan Burwood focuses his practice in the areas of construction and surety. He represents sureties, contractors, subcontractors, owners, developers and community associations, among others, providing services ranging from general counseling, pre-suit negotiations, and alternative dispute resolution, to managing client interests through high-stakes litigation and appeals. Jonathan’s sophisticated national practice emphasizes quality and efficiency in the administration of complex disputes. His work is recognized for balancing the insistent pursuit of client interests against the practical risks and expense of complicated litigation, with a value placed on responsible and appropriate resolutions.

  1. General Information

    Education

    • Arizona State University College of Law, J.D., 1999
    • American University, B.A., 1994

    Bar Admissions

    • Massachusetts

    Court Admissions

    • Massachusetts
    • U.S. Bankruptcy Court
    • U.S. District Court for the District of Arizona
    • U.S. District Court for the District of Massachusetts
  2. Memberships & Affiliations
    • American Bar Association
      • Forum on Construction Industry
      • Fidelity and Surety Law Committee
    • Boston Bar Association, Construction Law Committee
    • Surety Association of Massachusetts
    • National Bond Claims Association
  3. Representative Matters
    • Secured defense outcome for contractor facing $2.8 million owner claim of defective construction involving galvanized structural steel following 2-week arbitration.
    • First chaired six-week multiparty federal jury trial of $12 million in statutory environmental contribution claims and resulting appeals before First Circuit.
    • Extensive work in the field of renewable energy relative to construction, maintenance and repair of numerous wind turbine generators located throughout New England, including negotiation of complex resolutions with public and private owners, turbine suppliers and contractors.
    • Successfully resolved $17 million dispute involving contract and fraud claims tied to construction of two high-tech data centers.
    • Prevailed in the United States Court of Appeals for the Second Circuit on behalf of performance bond surety seeking discharge of obligee’s $10 million claim.
    • Secured dismissal with prejudice and discharge of performance bond surety facing project owner claims exceeding $5.6 million following 40-day trial.
    • Secured defense verdict and substantial affirmative recovery on behalf of performance bond surety following 9 months of multiparty arbitration over claims exceeding $4 million.
    • Managed to resolution several hundred performance and payment bond claims resulting from overlapping defaults and dissolutions of two significant regional contractors. In managing surety’s response, successfully resolved hundreds of litigated matters, involving contract and statutory claims, complicated construction issues, bankruptcy complications, competing surety interests, time-sensitive and simultaneous project completions, and indemnity recovery.
  4. Presentations
    • “Litigating Miller Act Claims: Prosecution and Defense Strategies for General Contractors and Subs,” Strafford Publications Webinar, October 24, 2018.
    • “Current Trends in New England Surety Law,” Travelers Casualty and Surety Company of America, Hartford, Connecticut, October 23, 2018.
    • “The Top Ten Mistakes to Avoid When Asserting a Bond Claim: Tips from the Insiders,” American Bar Association, Forum on Construction Law Midwinter Meeting, Scottsdale, Arizona, January 2015.
    • “100 Years of Bond Claim,” Des Moines, Iowa, September 2014.
    • “Payment and Performance Surety Bonds and Subguard Insurance in Construction Projects,” Strafford Publications Webinar, August 2013.
    • “Payment and Performance Surety Bonds and Subguard Insurance in Construction Projects,” Strafford Publications Webinar, October 2012.
    • “Dos and Don’ts When Submitting a Payment Bond Claim,” Forum on the Construction Industry, American Bar Association, Boston, Massachusetts, October 2012.
    • “Recent Developments with Respect to the AIA A312 Performance Bond,” Central States Surety Association, Lake Geneva, Wisconsin, July 2012.
    • “No Damages for Delay Clauses and Exceptions,” Chicago, Illinois, March 2012.
    • “Avoiding Traps for the Unwary: Considerations in Handling Payment Bond Claims,” Chicago, Illinois, April 2011.
    • “Overstimulated: The ARRA and Why Your Bond Principal Is Not Too Big To Fail,” National Bond Claims Association, Monterey, California, October 2010.
    • “Recent Developments with Respect to the AIA A312 Payment Bond,” Central States Surety Association, Lake Geneva, Wisconsin, July 2008.
    • “Advanced Topics in Construction Law and Litigation,” Construction Law Committee of the Boston Bar Association, Boston, Massachusetts, June 2008.
    • “Avoiding Traps for the Unwary: Considerations in Handling Payment Bond Claims,” Travelers Casualty and Surety Company of America, Hartford, Connecticut, November 2007.
  5. Publications
    • “Tips for Working (and Succeeding) with Tendered Counsel,” co-author, American Bar Association, Fidelity & Surety Law Committee Newsletter, Winter 2015.
    • “The Top Ten Mistakes to Avoid When Asserting a Bond Claim: Tips from the Insiders,” co-author, American Bar Association, Forum on Construction Law Midwinter Meeting Materials, January 2015.
    • “Bond Claim Basics – New England,” co-author, Law Firm Publication, September 2014.
    • “The Contract Bond Surety’s Subrogation Rights,” Research Contributor, The American Bar Association, 2013.
    • “Can an Obligee’s Delayed Termination of a Principal Under an A312 Performance Bond Discharge the Surety?” co- author, Surety Claims Institute Newsletter, 25, No. 3, September 2013.
    • “Buy American … Or Else,” Fidelity & Surety Law Committee Newsletter, Fall 2010 edition.
    • “From the Sidelines to the Front Lines: The Surety’s Arbitration Dilemma,” Claims Institute Newsletter, May 2008.
    • “Payment Bond Manual,” Third Edition, contributing author to the Massachusetts section, The American Bar Association, April 2006.