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Emory Allen

Senior Attorney

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, 2022, 2023)

Named among Best Lawyers: Ones to Watch in America® for Construction Law by Best Lawyers (2021-2024)

Named among Best Lawyers: Ones to Watch in America® for Litigation – Construction by Best Lawyers (2023-2024)

State Bar Licenses

Alabama, Colorado, Texas

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. 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
  • 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.
  • Represented higher education institution as second chair trial attorney in prosecution of contract and business tort claims and successful defense of counterclaims before a jury in United States District Court.
  • 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.

 

Presentations

  • 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 (June 2022)
  • 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

  • The Pearls that Flow from Pearlman: The Surety’s Subrogation Rights and Review of Recovery Sources, Co-Author (National Bond Claims Association Conference 2022)

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