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Emory Allen

Member

Emory Allen represents clients in litigation and contract matters with an emphasis on surety, construction, and contract claims. His experience includes litigation of commercial lawsuits, negotiation of complex contracts, and creditors’ representation in bankruptcy.

Emory assists clients in commercial litigation matters with an emphasis on surety, construction, and contract claims. He represents sureties, contractors, and other construction and business clients in the investigation and litigation of commercial lawsuits including surety, contract, lien, fraud, and related claims. Emory also has extensive experience representing both companies and individuals in contract development and negotiations. Emory has worked extensively and is licensed in the state courts of Texas, Alabama, and Colorado, as well as several related U.S. District and Bankruptcy Courts, and has assisted his clients in several other states and jurisdictions.

Emory works with surety companies to resolve complex issues related to construction contracts and bonds from the initial investigation of claims up to and through the negotiation of surety agreements including takeover, tender, and financing agreements. He also assists his clients in litigation including, but not limited to, bond and contract claims, subrogation claims, indemnification claims, and creditors’ bankruptcy claims.

In addition to his surety practice, Emory also represents both businesses and individuals in various construction and business contract and litigation matters. He regularly assists his construction and business clients in contract development and negotiation, mechanic’s liens, and litigation involving contract, real property, and other commercial disputes. Through his dedicated work, Emory has successfully obtained multiple favorable settlements and judgments on his clients’ behalf.

Education

J.D., University of Mississippi School of Law, Oxford, Mississippi, 2014
B.B.A., cum laude, Mississippi State University, Mississippi State, Mississippi, 2010, Marketing; Minors: Economics and Leadership Studies

Recognitions

Named among Texas Super Lawyers Rising Stars by Thomson Reuters (2018, 2021-2025)

Named among Best Lawyers: Ones to Watch® for Construction Law (2021-2025) and Litigation – Construction by Best Lawyers (2023-2025)

 

Memberships

  • Construction Law Society of America, Fellow (2025)
  • Diversity Law Institute, Member (2025)
  • Trial Law Institute, Member (2025)
  • Co-Chair, ABA TIPS Fidelity & Surety Law Committee Young Professionals Subcommittee (2021-25)
  • Co-Chair, ABA TIPS Fidelity & Surety Law Committee, Book Marketing Subcommittee (2024-2026)
  • Vice-Chair, ABA TIPS Fidelity & Surety Law Committee, Membership Committee (2024, 2025)

State Bar Licenses

Alabama, Colorado, Texas, Oklahoma, Wyoming

Court Admissions

U.S. District Ct, District of Colorado
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. District Ct., E.D. of Texas
U.S. Bankruptcy Ct., District of Colorado
U.S. Bankruptcy Ct., N.D. of Texas
U.S. Bankruptcy Ct., S.D. of Texas
U.S. Bankruptcy Ct., W.D. of Texas
U.S. Bankruptcy Ct., E.D. of Texas
U.S. Bankruptcy Ct., N.D. of Alabama
U.S. District Ct., N.D. of Alabama
U.S. District Ct., M.D. of Alabama
U.S. District Ct., District of New Mexico
U.S. District Ct., C.D. of Illinois
U.S. District Ct., District of Columbia
U.S. District Ct., W.D. of Arkansas
U.S. District Ct., E.D. of Arkansas
U.S. District Court, W.D. of Oklahoma
U.S. District Ct., N.D. of Oklahoma
U.S. District Ct., E.D. of Oklahoma
U.S. Court of Appeals, 7th Circuit

Presentations

  • There’ll Be Time for Countin’ When the Dealing’s Done: Indemnity and the Indemnity Agreement, Pearlman Association Conference (September 2025)
  • A Sturdy Crew – Assembling Consultants and Experts, Gulfcoast Fidelity & Surety Institute Annual Meeting (May 2025)
  • Surety Essentials: Contracts, Claims and Global Perspectives, The Society of Construction Law North America (May 2025)
  • Chairing a Conference, Emerging Leaders Meeting, ABA TIPS Fidelity & Surety Law Committee Spring Meeting (May 2024, May 2025)
  • The People Involved in the Construction Project, ABA TIPS Fidelity & Surety Law Committee Mid-Winter Conference (January 2024)
  • The Surety’s Subrogation Rights and Recovery Sources, Zurich’s CE-CLE Extravaganza (April 2023)
  • Co-Chair, ABA TIPS Fidelity & Surety Law Committee Mid-Winter Conference, Construction Program (January 2023)
  • Co-Chair, Gulfcoast Fidelity & Surety Institute Annual Meeting (2022,2024, 2025)
  • The Pearls that Flow from Pearlman: The Surety’s Subrogation Rights and Review of Recovery Sources, National Bond Claims Association Conference (October 2022)
  • Investigation/Completion Options: Takeover Considerations – Part 1, ABA TIPS Fidelity & Surety Law Committee Mid-Winter Conference (August 2022)
  • Navigating the Waters of Surety Bond Claims – Alternative Delivery Methods, Gulfcoast Fidelity & Surety Institute Annual Meeting (June 2022)
  • Agency and the Surety, Gulfcoast Fidelity & Surety Institute Annual Meeting (May 2019)

Publications

  • There’ll Be Time for Countin’ When the Dealing’s Done: Indemnity and the Indemnity Agreement, Pearlman Association Conference (September 2025)
  • ABA: The Construction Project, 2ed.; Chapter 2: People, Co-Author (November 2023)
  • The Pearls that Flow from Pearlman: The Surety’s Subrogation Rights and Review of Recovery Sources, Co-Author (National Bond Claims Association Conference 2022)
  • Represented higher education institution in prosecution of contract and business tort claims and successful defense of counterclaims before a jury in United States District Court. Served as second chair.
  • Successfully litigated and resolved numerous commercial contract and construction disputes in multiple federal and state courts.
  • Obtained favorable judgment in favor of client in breach of contract claims by subcontractor arising out of commercial construction project in bench trial. Served as second chair.
  • Represented contractor as first chair trial attorney in breach of contract and trust fund claims in bench trial.
  • Represented contractor as first chair trial attorney in breach of contract regarding non-payment issue in bench trial.
  • Negotiated takeover, tender, and completion agreements for construction projects in which contractors defaulted on performance bonds.
  • Litigated and negotiated settlement of payment bond claims and lien claims.

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