Todd R. Braggins

Top rated Surety attorney in Rochester, New York

Ernstrom & Dreste, LLP
Todd R. Braggins
Ernstrom & Dreste, LLP

Practice Areas: Surety, Alternative Dispute Resolution, Construction Litigation

Licensed in New York since: 1991

Education: American University Washington College of Law

Selected to Super Lawyers: 2013 - 2023

Ernstrom & Dreste, LLP

925 Clinton Square
Rochester, NY 14604 Phone: 585-473-3100 Email: Todd R. Braggins Visit website


Todd R. Braggins, Managing Partner, focuses his practice in the fields of contract and commercial suretyship, fidelity, and construction law. In addition to his trial and appellate practice, Mr. Braggins counsels clients in all areas impacting the surety, fidelity and construction industries.

Mr. Braggins has extensive experience with payment and performance bond claim analysis, investigation and resolution, including complex performance bond claims. Mr. Braggins is an advocate for the prompt, aggressive, independent investigation of claims in an effort to mitigate and prevent loss.

Mr. Braggins has represented numerous contractor clients in matters involving contract negotiations and disputes, contract documents and litigation of claims. He has also represented international Brazilian corporations relative to the conversion of oil production platforms located in Brazil.

Mr. Braggins has also conducted numerous partnering sessions involving contractors, subcontractors, public agencies and public owners in an effort to facilitate the timely and efficient completion of projects without resort to litigation.

First Admitted: 1984, New Mexico

Professional Webpage:

Bar/Professional Activity:
  • American Bar Association (Member: Tort, Trial & Insurance Practice Section:  Fidelity and Surety Law Committee (past Vice Chair and Fidelity and Surety Law Committee Newsletter Co-Editor); The Forum on the Construction Industry; Attorney Advisory Counsel of the National Association of Surety Bond Producers; National Bond Claims Association; Surety Claims Institute; Philadelphia Surety Claims Association (Member:  Scholarship and Membership Committee); Chicago Surety Claims Association; Atlanta Surety Claims Association
Special Licenses/Certifications:
  • Court Admissions: New York U.S. District Court, Northern, Southern, Eastern and Western Districts of New York; U.S. Court of Appeals, Second Circuit New Mexico; U.S. District Court, District of New Mexico; U.S. Court of Appeals, Tenth Circuit; U.S. Court of Federal Claims
Scholarly Lectures/Writings:
  • Lecturer, “Dealing with Constructions Bonds,” 1996 
  • To provide National Association of Surety Bond Producers with information and educational content for its various member offerings., Participant, National Association of Surety Bond Producers Attorney Advisory Council , Surety, 2019
  • The conference focuses on the needs, goals and challenges facing the surety industry., Co-Chair, Pearlman Association Annual Conference, Surety Professionals, 2019
  • Publication, “Joint Ventures in Construction,” National Association of Surety Bond Producers, Co-Author, 1994
  • Lecturer, “Lien Law Basics in New York,” 1994-1995
  • Lecturer, “Advanced Construction Law in New York,” 2003
  • Presenter, “Construction Claims—Avoid Them or Be in To Win,” AACE Conference 2004 
  • Publication, “Insured’s Claim For Lost Profits and Lost Referral Commissions Not Covered Property Under ‘Clear Language’ of The Bond,” TTIPS/FSLC Newsletter, American Bar Association, Co-Author, Spring 2001
  • Publication, “A Surety’s Options: Financing vs. Relet,” National Association of Surety Bond Producers, Co-Author, 1999
  • Lecturer, “New York Lien Law,” 1997-1998 
  • Faculty, “Outreach Back to Basics Contract Surety Claims Handling,” ABA/TTIPS/NASBP/AGC 2004
  • Presenter, “Latest Trends Affecting Sureties and Their Contractors,” National Association of Independent Sureties (NAIS), 2005
  • Program Co-Chair and Speaker, “Working Out Your Payment Bond Claim Issues,” ABA/TTIPS/FSLC, 2006
  • Publication, "Payment Bond Manual, Third Edition", American Bar Association, Co-Editor and Contributing Author, 2006
  • Publication, “The ConsensusDocs Surety Bond Forms”, Chapter 3, ConsensusDocs Contract Documents Handbook, Aspen Publishers, Author, 2012
  • Panelist, “The Project Investigation Responsive to the Default:  Assessing the Scope of Work to Complete and Quality of Work in Place,” National Bond Claims Association (NBCA), 2013
  • Panelist, “Performance Bond Claim Handling – Subcontractor Issues,” ABA/TTIPS/FSLC, 2015
  • Publication, “The Surety’s Relationship with The Principal’s Subcontractors and Suppliers,” Chapter 10, Bond Default ManualFourth Edition, American Bar Association, Co-Author, 2015
  • Co-Author and Presenter, "Avioding Pitfalls in Taking Assignments", Surety Claims Institute Annual Meeting, Nemacolin Woodlands Resort, Farmington, PA, June 2017
  • Presenter, "Love Me Tender, Love Me Takeover, All Your Dreams Unfulfilled: When Owners Attempt to Limit the Surety's Performance Options", National Bond Claims Association Annual Meeting, Ritz Carlton Reynolds, Lake Oconee, Greensboro, GA, October 2017
  • Co-Author and Presenter, "Adoption of Speain at State and Federal Levels: A 100 Year Synopsis", Pearlman Association Annual Conference, Woodinville, WA, September 2017
  • N. American Specialty Ins. Co. v. Schuler, 291 A.D.2d 924 (4th Dept. 2002)
  • American Safety Cas. Ins. Co. v. New York City School Constr. Auth., 33 A.D.3d 441 (1st Dept. 2006), appeal denied, 8 N.Y.3d 804 (2007)
  • Benchemark Printing, Inc. v. American Mfrs. Mut. Ins. Co., No. 00-CV-0865, 2001 WL 66310 (N.D.N.Y. Jan. 26, 2001)
  • American Safety Cas. Ins. Co. v. New York City School Constr. Auth., 16 A.D.3d 138 (1st Dept. 2005)
  • N. American Specialty Ins. Co. v. Montco Constr. Co., No. 01CV0246E(SR), 2003 WL 21383231 (W.D.N.Y. May 9, 2003)
Educational Background:
  • Washington College of Law, The American University, J.D., 1984 Harpur College, Binghamton University, B.A. with Honors, 1981

Office location for Todd R. Braggins

925 Clinton Square
Rochester, NY 14604


11 Years Super Lawyers
  • Super Lawyers: 2013 - 2023

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