George J. Bachrach
Phone 410-659-1308 (direct dial)
Areas of Practice
- Surety Law
- Construction Law
Martindale-Hubbell 2017 AV Preeminent™ Rating
AV Peer Review Rated: Martindale-Hubbell
Chosen for inclusion in “Maryland’s Super Lawyers® 2007” for Construction/Surety
Listed in 2007 – present, “Best Lawyers in America”
Martin J. Andrew Award Recipient for Lifetime Achievement in Fidelity and Surety Law from the
ABA/TIPS Fidelity and Surety Law Committee, May, 2009
Georgetown University Law Center, J.D. 1974
Harvard University, B.A. 1971, cum laude
Mr. Bachrach has spent his entire professional life representing surety companies in working out solutions and resolving difficult problems arising from the sureties’ contract and commercial surety bonds that have been provided on behalf of the sureties’ principals to obligees and claimants to support the principal’s performance of its underlying obligations under contractual agreements and various statutes. His work, both outside and inside the bankruptcy arena, has involved the investigation of surety claims and defenses, working out performance bond, payment bond and commercial surety bond claim solutions, and enforcing the sureties’ indemnity, salvage and subrogation rights to be repaid any losses incurred under the bonds.
AREAS OF PRACTICE
- Investigation of surety claims and defenses
- Handling performance bond claims and workouts
- Handling payment bond claims
- Handling commercial surety claims
- Handling indemnity agreement enforcement issues
- Handling salvage and collateral issues
- Asserting and enforcing the surety’s subrogation rights
- Advising surety underwriters on underwriting issues
- General commercial surety bankruptcy issues
- Specific handling of bankruptcy issues related to contract bond sureties [cash collateral and contract funds, automatic stay issues, financing and executory contract issues, the surety’s claims (secured, unsecured, priority and administrative) and discharge and dischargeability issues in both contract and commercial surety matters]
Mr. Bachrach has represented numerous surety companies over the years, including sureties that operate in large, medium and small contractor and subcontractor markets and sureties that underwrite large, medium and small commercial surety accounts.
Mr. Bachrach has been active in the surety industry, as counsel for his surety company clients and by contributing his time, through the Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section of the American Bar Association and other surety professional associations and organizations, to the education of several generations of surety professionals – outside counsel and consultants and inside attorneys and employees – through program presentations and the publication of books, articles and papers as listed below.
SELECTED PROFESSIONAL AFFILIATIONS
Member: Surety Claims Institute
Member: National Bond Claims Association
Member: Maryland State Bar Association
Member: American Bar Association
Chair, Fidelity and Surety Law Committee (FSLC) of the Tort Trial and Insurance Practice
Section of the American Bar Association from August, 2001 to August, 2002
Co-Chair of various FSLC Divisions (FSLC Law Division from 1996 to 2000 and FSLC
Membership Division from 2002 to 2006)
Surety Today™ 30-minute tele-briefings on narrowly-focused topics for surety company attorneys and surety claims professionals.
A. The Subrogation Rights of the Contract Bond Surety
- Co-Editor, The Contract Bond Surety’s Subrogation Rights (2013).
- Program Chair for the 2013 FSLC Spring CLE Program (May 2 to 3, 2013) entitled “The Contract Bond Surety’s Subrogation Rights.”
- Co-author, “The Surety’s Subrogation Rights,” Chapter 23 of The Law of Suretyship, 2d Ed. (Edward G. Gallagher, ed.) (2000).
- Editor, The Subrogation Database: Cases Concerning the Subrogation Rights of the Contract Bond Surety (1995), updated on January 31, 1998.
- Editor, Subrogation Rights of the Contract Bond Surety (1990).
B. The Surety’s Indemnity Agreement
- Co-Editor, The Surety’s Indemnity Agreement – Law & Practice, 2d Ed. (2008).
- Editor, The Agreement of Indemnity: Practical Applications by the Surety (1989).
- Co-author, “The Agreement of Indemnity – The Surety’s Handling of Contract Bond Problems: The Enforcement of the Surety’s Rights against the Principal and the Indemnitors under the Agreement of Indemnity” (1989).
C. Salvage by the Surety
- Co-Author, “Surety Salvage – Indemnity and Subrogation,” Chapter 146 of 11 New Appleman on Insurance Law, Library Edition (Michael Keeley, Christopher Ward, Armen Shahinian & Jeffrey E. Thomas, eds.) (2014)
- Editor, Salvage by the Surety (1998).
- Author, “The Surety’s Rights to Obtain Salvage – Exoneration, Reimbursement, Subrogation, and Contribution,” Chapter 1 of Salvage by the Surety (George J. Bachrach, ed.) (1998).
D. Contract Surety/Bankruptcy Issues
- Co-author, “The Surety’s Claim in Bankruptcy – Obtaining Reimbursement for the Surety’s Loss” (2009).
- Author, “The Principal’s Bankruptcy: What You Really Need to Know” and “The Surety’s Strategy and Rights When the Principal Files for Bankruptcy” (2009).
- Author, “The Surety’s Proof of Claim – Obtaining Reimbursement for the Loss” (2008).
- Author, “The Principal’s Sale of Substantially All of Its Assets in Bankruptcy – Who, What, Where, When, Why, and How, and the Rights of the Surety” (2002).
- Co-author, “The Principal’s Bankruptcy – Practical Problems and Potential Solutions in Handling Payment Bond Claims” (2001).
- Co-author, “The Surety’s Rights to the Contract Funds in the Principal’s Chapter 11 Bankruptcy Case,” 35 Tort & Ins. L.J. 1 (1999).
E. Financing the Surety’s Principal
- Co-author, “The Surety’s Financing of the Principal as the Surety’s Performance Under the Performance Bond” (2015).
- Co-author, “Financing the Principal,” Chapter 4 of the Bond Default Manual, 4th Ed. (Mike F. Pipkin, Carol Z. Smith, Thomas J. Vollbrecht & J. Blake Wilcox, eds.) (2015).
- Co-author, “Financing the Principal,” Chapter 4 of the Bond Default Manual, 3d Ed. (Duncan L. Clore, Richard E. Towle & Michael J. Sugar, Jr., eds.) (2005).
- Co-author, “The Financing Surety as a Performing Surety – Law and Practice” (2003).
- Co-author, “The ABC’s of the Surety Claims Process” (primarily the surety’s financing of the principal) presented to the Construction Industry CPAs/Consultants Association (CICPAC) (2003).
F. The Surety’s Performance Bond Rights and Options
- Program Consultant and Co-Editor for the 2011 FSLC Annual Mid-Winter CLE Program (January 21, 2011) entitled “The Critical Construction Issues Facing the Performing Surety.”
- Co-author, “The Performance Bond Surety’s Rights to the Contract Funds,” Chapter 4 of The Law of Performance Bonds, 2d Ed. (Lawrence R. Moelmann, Matthew M. Horowitz & Kevin L. Lybeck, eds.) (2009).
- Author, “The Surety Performance Bond Lifeboat – Bailing Out and/or Salvaging Someone Else’s Wreck” (2007), republished as “A Primer for the Surety’s Handling of Performance Bond Claims” (2008).
- Editor for the Surety Program Written Materials for Takeover by the Surety, 2002 ABA/TIPS Fidelity and Surety Law Committee Spring Program in New Orleans, Louisiana in May, 2002.
- Chair and Moderator, “Takeover by the Surety: The Obligations That You Forget About (and Wish You Hadn’t)” (1999).
G. Commercial Surety/Bankruptcy
- Co-author, “The Commercial Surety’s Collateral in a Principal’s Bankruptcy Case,” Chapter 20 of The Law of Commercial Surety & Miscellaneous Bonds, 2d Ed. (Bruce C. King, Richard E. Towle & Samuel J. Arena, Jr., eds.) (2012).
- Co-author, “The Commercial Surety’s Collateral in a Principal’s Bankruptcy Case” (2011).
- Author, “Surety Underwriting and Claims Handling With a Principal in Bankruptcy” (2009).
- Author, “The Surety’s Proof of Claim and Obtaining Reimbursement for the Surety’s Loss” (2005).
- Author, “Avoiding Loss and Obtaining Reimbursement in the Event of Loss Under the Indemnity Agreement” (2005).
- Author, “Customs Bonds and the Chapter 11 Principal” (1994).
H. Construction/Bankruptcy Issues
- Author, “Money and Time – The Critical Issues in Construction Industry Bankruptcies” (2009).
I. Other Publications on Surety Matters
- Co-author, “A Primer for the Restatement of the Law of Suretyship” (forthcoming, 2016).
- Co-author, “The Surety and the Court of Federal Claims” (1995) and “The Surety and the Court of Federal Claims – Revisited” (1999).
- Co-author, Contract Surety (AFSB 152), Chapters 12 and 13 entitled “Contract Surety Claims” for the American Institute for Chartered Property Casualty Underwriters and the Insurance Institute of America (1992).