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Jonathan Burwood focuses his practice primarily in the areas of commercial, construction and environmental litigation.  He represents a broad range of corporate, industrial and insurance interests in the context of counseling, negotiation, litigation, arbitration, mediation and bankruptcy.  Mr. Burwood's sophisticated national practice emphasizes quality and efficiency in the management of complex disputes.  His work is recognized for balancing the aggressive pursuit of client interests against the risk and expense of high-stakes litigation, with a value placed on responsible and appropriate resolutions.

Professional Background

Mr. Burwood joined Hinshaw & Culbertson LLP in July of 2005 to open the firm's Boston office.  Mr. Burwood's prior experience included the representation of planned communities, developers and sureties in both negotiated and litigated matters.  He is an active member of the Planning Committee and faculty for Hinshaw University, the firm's in-house attorney training program.

Professional Affiliations

  • American Bar Association
    • Forum on the Construction Industry
    •  Fidelity and Surety Law Committee
    • Tort, Trial & Insurance Practice Section
  • Boston Bar Association, Construction Law Committee
  • Surety Association of Massachusetts
  • National Bond Claims Association

Honors & Awards

  • Recognized as a "Rising Star" by New England Super Lawyers magazine (2007–2013)

Representative Matters

Mr. Burwood represents an international industrial manufacturer in complex, multi-party environmental litigation with approximately $13 million in controversy.  During the last two years, the parties engaged in extensive pleadings, motions and discovery, including the production and analysis of greater than one million pages of documents and dozens of fact and expert witness depositions, implicating four decades of facts.  The matter could not be resolved through mediation and is set for trial in 2015.

For the past three years, Mr. Burwood has worked extensively in the field of renewable energy relative to the construction, maintenance and repair of numerous wind turbine generators located throughout New England, including the negotiation of complex resolutions with various public and private owners, turbine suppliers and contractors.

  • In 2013, Mr. Burwood successfully resolved a $17 million dispute involving contract and fraud claims tied to the construction of two high-tech data centers in Chicago, Illinois.  The litigated matter involved complicated technical and financial issues, as well as parallel prosecutions of key fact witnesses by the United States Attorneys' Office.
  • In 2012, Mr. Burwood prevailed in the United States Court of Appeals for the Second Circuit on behalf of a performance bond surety seeking discharge of an obligee's claim exceeding $10 million.
  • In 2010, Mr. Burwood secured a dismissal with prejudice on behalf of a performance bond surety facing project owner claims exceeding $5.6 million following forty days of trial.
  • In 2010, Mr. Burwood secured a defense verdict and substantial affirmative recovery on behalf of a performance bond surety following nine months of arbitration involving five parties and total claims exceeding $4 million.
  • Between 2004 and 2011, Mr. Burwood handled in excess of three hundred performance and payment bond claims resulting from the overlapping defaults and dissolutions of two significant regional contractors. In managing the surety's response to these contractor failures, Mr. Burwood successfully resolved hundreds of litigation matters, involving contract and statutory claims, technical issues requiring expert consultation, bankruptcy complications, owner/obligee considerations, competing surety interests, time-sensitive and simultaneous project completions, and indemnity rights.

Presentations

Mr. Burwood’s presentations include:

  • "100 Years of Bond Claim," Des Moines, Iowa, September 2014.

  • "Payment and Performance Surety Bonds and Subguard Insurance in Construction Projects," Strafford Publications, Inc. webinar, August 2013.
  • "Payment and Performance Surety Bonds and Subguard Insurance in Construction Projects," Strafford Publications, Inc. webinar, October 2012.
  • "Dos and Don’ts When Submitting a Payment Bond Claim," Forum on the Construction Industry, American Bar Association, Boston, Massachusetts, October 2012.
  • "Recent Developments with Respect to the AIA A312 Performance Bond," Central States Surety Association, Lake Geneva, Wisconsin, July 2012.
  • "No Damages for Delay Clauses and Exceptions," Hinshaw, Chicago, Illinois, March 2012.
  • "Avoiding Traps for the Unwary: Considerations in Handling Payment Bond Claims," Hinshaw, Chicago, Illinois, April 2011.
  • "Overstimulated: The ARRA and Why Your Bond Principal Is Not Too Big To Fail," National Bond Claims Association Seminar, Monterey, California, October 2010.
  • “Recent Developments with Respect to the AIA A312 Payment Bond,” Central States Surety Association, Lake Geneva, Wisconsin, July 2008.
  • “Advanced Topics in Construction Law and Litigation,” Construction Law Committee of the Boston Bar Association, Boston, Massachusetts, June 2008.
  • “Avoiding Traps for the Unwary: Considerations in Handling Payment Bond Claims," Travelers Casualty and Surety Company of America, Hartford, Connecticut, November 2007.

Publications

  • "The Contract Bond Surety's Subrogation Rights," Research Contributor, The American Bar Association, 2013.

  • "Can an Obligee's Delayed Termination of a Principal Under an A312 Performance Bond Discharge the Surety?" co-author, Surety Claims Institute Newsletter, Vol. 25, No. 3, September 2013.
  • "Buy American ... Or Else," Fidelity & Surety Law Committee Newsletter, Fall 2010 edition.
  • “From the Sidelines to the Front Lines: The Surety’s Arbitration Dilemma,” Claims Institute Newsletter, May 2008.
  • “Payment Bond Manual," Third Edition, contributing author to the Massachusetts section, The American Bar Association, April 2006.

Education

J.D., Arizona State University College of Law, 1999

B.A., American University, 1994, Justice

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