Legal Analytics for Surety Bond Litigation

Surety bond litigation involves a bonded construction contract in which (1) an obligee is claiming against a construction bond or a Miller Act bond, (2) a principal or obligee is asserting a breach of construction contract claim, or (3) a surety is alleging a breach of indemnity agreement against the principal and its indemnitors. It is an important area of law in which transparency and understanding are crucial.

Lex Machina’s Legal Analytics for litigation involving surety bonds provides valuable data-driven insights and trends in case timing, resolutions, damages, remedies, and findings. Note that at present, this case type does not include cases involving surety bonds other than construction bonds.

Case filings

Use Cases

Lex Machina helps you answer questions such as:

  • Which cases had the highest amount of damages awarded in the last three years? What were the specific amounts and what happened in those cases?
  • What are the most active districts by number of cases filed?
  • Has my judge ever ruled on Breach of Bond by Surety? If so, how did they rule and at what stage of litigation?
  • How often did obligees successfully claim against a Miller Act bond?
  • Which law firms have the most experience representing defendants in Surety Bond Litigation cases in federal court?
  • What is the median time to termination for Surety Bond Litigation cases in the Southern District of New York?
  • How often do sureties win on their indemnity action against the principal after paying the penal sum of the bond?

Damages Categories

Our data includes the following damages categories: Contract Damages (Surety Bond), Tort Compensatory Damages (Surety Bond).


  • Obligee Findings: Breach of Bond by Surety, Breach of Contract by Principal
  • Principal Findings: Breach of Contract by Obligee, Breach of Indemnity by Surety
  • Surety Findings: Breach of Bond by Obligee, Breach of Indemnity by Principal, Subrogated Breach of Contract
  • Torts and Defenses: Contract Defense, Fraud / Misrepresentation by Obligee, Fraud / Misrepresentation by Principal, Fraud / Misrepresentation by Surety, Negligence, Time-Barred Defense

Remedies – Exoneration, Quia Timet

Case filings