Bradford Carver

Practice Areas

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.

Professional Memberships

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

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.

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.

Work Highlights

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).

Expert in these Jurisdictions

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

Awards

Education