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Christopher R. Ward

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fax +1 214.659.4108

Christopher R. Ward represents clients in complex claims, litigation, and transactions with an emphasis on surety and fidelity, construction, insurance coverage, professional liability, bankruptcy, and other commercial matters.

Chris handles large files around the country and is licensed in state and federal courts in Texas, Oklahoma, Arkansas, Colorado, and Michigan, as well as the Court of Federal Claims.

Chris’s experience handling myriad diverse matters across various areas of law enables him to quickly analyze legal issues and evaluate risks in a manner best suited to lead to a prompt and reasonable resolution. In addition to experience, Chris brings the creativity and tenacity often necessary to arrive at the best possible resolution for his clients. When a matter cannot be resolved amicably, Chris stands ready to successfully represent his clients in state and federal courts across the country, trying cases to verdict, handling appeals, and representing clients in mediation and arbitration proceedings.

Although Chris’s practice is diverse, one mainstay throughout his career has been his work for sureties. Chris has advised clients in all facets of the surety industry, from claims to underwriting issues. He has significant experience representing sureties in connection with all types of bonds, including performance, payment, probate, public officials, subdivision, and various other miscellaneous commercial surety bonds. He has successfully handled countless complex contract surety claims, expertly guiding sureties through pre-default investigations and negotiations and completion of construction projects after default, including drafting and negotiating completion contracts, takeover agreements, ratification agreements, financing agreements, and other pertinent surety agreements.

He also has extensive experience handling complicated and varied commercial surety bond claims, from the initial investigation and analysis to conclusion. Chris’s experience extends to protecting sureties’ interests in bankruptcy proceedings, including pre-bankruptcy and post-filing negotiations of reorganization plans, conflicts regarding unpaid proceeds of bonded contracts, negotiations regarding assumption of bonded obligations, debtor in possession financing, and other issues. Chris also has extensive experience handling surety salvage efforts, including claims against principals and indemnitors, owners, subcontractors and suppliers, design professionals, accountants, and other parties potentially responsible for a surety’s loss.

Chris’s general construction practice includes representing owners, contractors, design professionals, subcontractors, and suppliers in connection with contract disputes, claims, and contract drafting. Chris regularly handles complex multiparty construction disputes and claims in state and federal courts around the country as well as in arbitration and before administrative panels. His extensive experience, unique insight, and creative approach have been instrumental in the successful resolution of significant multi-million-dollar disputes for his construction clients through negotiations, mediations, dispositive motion, trial, arbitration, and appeal.

Chris’s construction practice is certainly not limited to handling disputes that arise in connection with the construction projects. He also regularly counsels his construction industry clients on risk avoidance measures, including arming them with appropriate contract documents, advising them on important insurance coverages, and counseling them on other proactive steps to control the risks inherent in every construction project. He also has a knack for pragmatically attacking challenges that arise during the course of construction project to ensure that the challenge does not blossom into a larger problem or dispute, significantly mitigating potential damages.

Education

J.D., with Honors, University of Texas School of Law, Austin, Texas, 1998
B.A., summa cum laude, University of Colorado Boulder, Boulder, Colorado, 1994

Recognitions

Named among The Best Lawyers in America® for Construction Law by Best Lawyers (2011-2024), Litigation-Construction and Insurance Law by Best Lawyers (2019-2024)

Named Texas Super Lawyers’ Rising Star by Thomson Reuters (2005, 2008-2012)

Named among Best Lawyers in Construction Law by Chambers USA (2011)

Memberships

Gulfcoast Fidelity & Surety Law Institute, Member

National Bond Claims Association, Member

Surety Claims Institute, Member

Defense Research Institute, Fidelity & Surety Law Committee

Forum on the Construction Industry, Member

Dallas Bar Association, Construction Law Section

State Bar of Texas, Construction Law Section

American Bar Association, Tort & Insurance Practice Section, Fidelity & Surety Law Committee

Construction Lawyers Society of America, Fellow

Diversity Law Institute, Member

Trial Law Institute, Member

State Bar Licenses

Texas, Oklahoma, Arkansas, Colorado

Court Admissions

U.S. District Ct., E.D. of Texas
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., W.D. of Texas
U.S. Court of Appeals, 5th Circuit
U.S. Court of Appeals, 10th Circuit
U.S. Court of Federal Claims
U.S. District Ct., E.D. of Michigan
U.S. District Ct, District of Colorado
U.S. District Ct., E.D. of Arkansas
U.S. District Ct., W.D. of Arkansas
U.S. District Ct., E.D. of Oklahoma
U.S. District Ct., N.D. of Oklahoma
U.S. District Ct., W.D. of Oklahoma

Industry Leadership

  • ABA Tort & Trial Insurance Practice Section, Fidelity & Surety Law Committee, Chair (2023-2024), Chair-Elect (2022-2023), Vice Chair (2014-2022; 2006-2013); Executive Editor of the Fidelity and Surety Law Committee Newsletter (2015-present); Past Fidelity & Surety Law Committee leadership positions: FSLC Membership Division, Chair (2013-2015); FSLC Law Division, Chair (2008-2010); FSLC Young Professional Subcommittee, Chair (2007-2009); FSLC Law Division, Payment Bond Subdivision Chair, (2005-2008); FSLC Young Professionals Communications/Technology Subcommittee, Chair (2005-2007); Fidelity & Surety Digest, Editorial Board Member (2006-2010); FSLC Newsletter, Surety Features Editor (2005-2010); Book Review Editor (2004-2005)
  • ABA Tort & Trial Insurance Practice Section, Book Publishing Board Standing Committee, Co-Chair Elect (2023-2024), CLE Board Standing Committee, Membership Standing Committee, Content Management Standing Committee, Finance Standing Committee, General Committee Board, Long Range Planning Standing Committee, Section Conference Standing Committee, Section Conference Task Force
  • Defense Research Institute, Fidelity & Surety Law Committee, Steering Committee
  • Surety Claims Institute, Board Member and Newsletter Articles Editor

Articles

  • Editor, New Appleman on Insurance Law, Library Edition, Vol. 11, Suretyship (2023)
  • Editor, New Appleman on Insurance Law, Library Edition, Vol. 11, Suretyship (2022)
  • Editor. Managing and Litigating the Complex Surety Case, Third Ed. (2018)
  • Chapter Author. Takeover, Ch. 5, Bond Default Manual (2015)
  • Chapter Author. The Performance Bond, Vol. 11, Ch. 139, Suretyship, New Appleman on Insurance Law Library Edition (2014)
  • Chapter Author. The Surety’s Subrogation Rights Against Third Parties, Ch. 16, The Contract Bond Surety’s Subrogation Rights, (2013)
  • Lead Author. Recent Developments in Fidelity and Surety Law, 46.2 Tort Trial & Ins. Prac. L.J. 372 (2011)
  • Lead Author. Recent Developments in Fidelity and Surety Law, 45.2 Tort Trial & Ins. Prac. L.J. 365 (2010)
  • Design Specification vs. Performance Specification: Which One Do I Have and Does it Matter?, Surety Claims Institute Newsletter (May 2009)
  • Chapter Author. Right of the Surety to Pursue Claims Against Third Parties, Ch. 7, The Law of Performance Bonds, (2009)
  • Lead Author. Recent Developments in Fidelity and Surety Law, 44.2 Tort Trial & Ins. Prac. L.J. 459 (2009)
  • Lead Author. Recent Developments in Fidelity and Surety Law, 43 Tort Trial & Ins. Prac. L.J. 435 (2008)
  • Lead Author. Recent Developments in Fidelity and Surety Law, 42 Tort Trial & Ins. Prac. L.J. 475 (2007)
  • Chapter Author. Deciding To Litigate: The Surety’s Recourse Against Third Parties, Ch. 4 Managing and Litigating the Complex Surety Case, (2007)
  • Chapter Author. The Insuring Agreement – Employee Theft, Ch. 4, Annotated Commercial Crime Policy (2006)
  • Chapter Author. The People Involved in the Construction Project, Ch. 2, The Construction Project: Phases, People, Terms, Paperwork, Processes (2006)
  • Chapter Author. The Insuring Agreement – Employee Dishonesty, Ch. 3, Annotated Commercial Crime Policy (2006)Chapter Author. Considerations with Respect to Insurance Coverage, Ch. 11, Bond Default Manual (2005)
  • Chapter Author. Claims by Persons Other Than the Insured, Ch. 16, Handling Fidelity Bond Claims (2005)
  • Forged Invoices are Not Instruments “Made or Drawn by or Drawn Upon” an Insured and, Consequently, are Not Covered by a Commercial Crime Policy, Fidelity Law Association Newsletter (Spring 2003)
  • Defending a Contract Surety Against a Claim of Tortious Interference, Fidelity & Surety Law Committee Newsletter (Winter 2003)
  • Case Summary, Bonding: A Defense Research Institute – Fidelity & Surety Committee Newsletter (Spring 2002)
  • Contracting Over the Internet in Texas, Baylor Law Review (Spring 2001)
  • Article on Midwinter Meeting, Tort Source: A Publication of the Tort & Insurance Practice Section (Spring 2001)
  • The Availability and Scope of Appeal of Arbitration Awards Under the Federal, Uniform and State Acts, The Brief (Spring 2000)

Presentations

  • Allocation of Risk in a Construction Contract: A Look into the Owner’s Perspective and the Resulting Impact to the Project, ABA Midwinter Meeting of the Fidelity & Surety Law Committee, Nashville, TN (August 2022)
  • Program Co-Chair, Surety Claims Institute 47th Annual Meeting & Seminars, Asheville, NC (June 2022)
  • To Arbitrate or Not to Arbitrate – That is the Question, The Pearlman Association Annual Conference (September 2021)
  • Program Co-Chair, Surety Claims Institute 46th Annual Meeting & Seminars, Park City, UT (June 2021)
  • Restructuring Debt as a Support Mechanism for the Failing Principal, ABA Tort Trial & Insurance Practice, Mid-Winter Meeting of the Fidelity & Surety Law Committee, New York, NY (January 2020)
  • Program Co-Chair, Complex Construction Issues Facing the Performing Surety, ABA Spring Meeting of the Fidelity & Surety Law Committee, Austin, TX (May 2019)
  • Successful Evaluation and Execution of the Takeover Option by the Surety, Northeast Surety & Fidelity Claims Conference Annual Meeting, Atlantic City, NJ (September 2018)
  • Program Chair, Managing and Litigating the Complex Surety Case, ABA Spring Meeting of the Fidelity & Surety Law Committee, Santa Fe, NM (May 2018)
  • Program Co-Chair. ABA Tort & Trial Insurance Practice Section Conference, Los Angeles, CA (May 2018)
  • Mitigating the Surety’s Loss Through Insurance Policies, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2017)
  • Program Co-Chair. ABA Tort & Trial Insurance Practice Section Conference, Chicago, IL (April 2017)
  • Navigating the Bankruptcy Minefield: Practical Tips for Construction Practitioners, State Bar of Texas, 30th Annual Construction Law Conference (March 2017)
  • To Finance or Not Finance: What are the Questions?, Gulfcoast Fidelity & Surety Institute (June 2016)
  • The Rights, Obligations and Liabilities of the Surety, the Principal and the Indemnitors Upon the Takeover By the Surety, ABA Spring Meeting of the Fidelity & Surety Law Committee (May 2016)
  • Highways and Pavement, ABA Midwinter Meeting of the TIPS Fidelity & Surety Law Committee (January 2016)
  • Protection of the Penal Sum by the Takeover Surety, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2015)
  • Surety Financing – A Strategy to Reduce and Reimburse the Surety’s Loss, ABA Midwinter Meeting of the TIPS Fidelity & Surety Law Committee (January 2015)
  • Volume Editor. Suretyship, Vol. 11, New Appleman on Insurance Law Library Edition (2014)
  • Whose Fault is it Anyway: An Overview of Liabilities for Design Defects on Construction Projects, Gulf Coast Fidelity & Surety Institute Annual Meeting (June 2014)
  • Trouble on the Homestretch: Indemnity for Payments in Good Faith versus Liability for Bad Faith, ABA Spring Meeting of the Fidelity & Surety Law Committee (May 2014)
  • The Surety’s Subrogation Rights Against Third Parties, The Contract Bond Surety’s Subrogation Rights, ABA Spring Meeting of the Fidelity & Surety Law Committee (May 2013)
  • Core Concepts in Federal Contracting, Pearlman Association Annual Conference (September 2012)
  • Shiver Me Timbers: A Surety’s Claims Against Its Principal’s Legal Professionals, Gulf Coast Fidelity & Surety Institute Annual Meeting (June 2012)
  • When is a Material Change Really Material, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2011)
  • Program Chair. When the Walls Come Crumbing Down: Crime and Fraud in the 21st Century: The Effect of Technology, Big Business, and a Faltering Economy, ABA Annual MidWinter Meeting of the Fidelity & Surety Law Committee (January 2011)
  • I Thought This Sub Was Already Paid? Understanding Voidable Preferences and Their Potential Impact on the Surety, Gulf Coast Fidelity & Surety Institute Annual Meeting (June 2010)
  • Program Chair. 12th Annual Meeting of the Gulfcoast Fidelity & Surety Institute (June 2010)
  • The Great Preference Debate: Fegert v. Angell, ABA Spring Meeting of the Fidelity & Surety Law Committee (May 2010)
  • The Failing Business Tsunami Threatens to Drown Professionals, Officers and Directors: Will You Surf the Wave or be Found Washed Up On The Shore?, ABA Annual Meeting (August 2009)
  • Program Chair. 11th Annual Meeting, Gulfcoast Fidelity & Surety Institute (June 2009)
  • Bankruptcy Basics for the Surety Practitioner, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2009)
  • Design Specification vs. Performance Specification: Which One Do I Have and Does it Matter?, Surety Claims Institute Newsletter (May 2009)
  • Right of the Surety to Pursue Claims Against Third Parties, The Law of Performance Bonds, ABA Spring Meeting of the Fidelity & Surety Law Committee (May 2009)
  • Design Specification vs. Performance Specification: Which One Do I Have and Does it Matter?, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2008)
  • A Change is Gonna Come: Primer on Change Orders and Change Claims, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2008)
  • Electronic Discovery: Using it to Your Advantage, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2008)
  • Panelist. Do You Know What You Bonded?, National Bond Claims Association Annual Meeting (October 2007)
  • When the Agreement of Indemnity Alone Doesn’t Do the Trick – Use of Statutory and Constructive Trusts to Recoup Surety Losses, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2007)
  • Deciding To Litigate: The Surety’s Recourse Against Third Parties, Managing and Litigating the Complex Surety Case, ABA Spring Meeting of the Fidelity & Surety Law Committee (May 2007)
  • The Insuring Agreement – Employee Dishonesty, Annotated Commercial Crime Policy, ABA Fall Meeting of the Fidelity & Surety Law Committee (October 2006)
  • The Insuring Agreement – Employee Theft, Annotated Commercial Crime Policy, ABA Fall Meeting of the Practice Section, Fidelity & Surety Law Committee (October 2006)
  • Notice and Response Requirements of A312 Payment and Performance Bonds: Friends or Foes?, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2006)
  • Program Chair. 8th Annual Meeting, Gulfcoast Fidelity & Surety Institute (June 2006)
  • The People Involved in the Construction Project, The Construction Project: Phases, People, Terms, Paperwork, Processes, ABA Spring Meeting of the Fidelity & Surety Law Committee (April 2006)
  • Considerations with Respect to Insurance Coverage, Bond Default Manual, ABA Spring Meeting of the Fidelity & Surety Law Committee (November 2005)
  • Handling Payment Bond Claims in Texas, Construction Lien Law in Texas Seminar – Lorman Education (August 2005)
  • When Is an Attorney Not an Attorney? Application of the Attorney-Client and Work Product Privileges When Outside Counsel Assists in the Investigation of a Claim, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2005)
  • Share and Share Alike: An Examination of the Joint Defense Privilege, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2005)
  • Ethical Considerations of the Attorney/Claims Handler: Contacting a Represented Party, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2005)
  • Why Did We Bond This Principal!?! Maybe the Principal’s Accountant Knows the Answer: An Examination of the Liability of the Principal’s Accountant to the Surety, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2005)
  • Liability of the Principal’s Accountant to the Surety, Surety Claims Institute Annual Meeting (June 2005)
  • Top 10 Ways to Derail Your Bond Claim, Dallas Bar Association Seminar – Construction Law Section (May 2004)
  • Top 10 Ways to Derail Your Bond Claim, Houston Bar Association Seminar – Construction Law Section (October 2003)
  • Handling Payment Bond Claims in Texas, Construction Lien Law in Texas Seminar – Lorman Education (July 2001)

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