Brandon Bains focuses his practice in construction/surety litigation, but also has significant experience in a breadth of commercial disputes, including landlord/tenant matters, complex bankruptcies, and fidelity policies. Brandon’s legal experience covers a diverse cross-section of jurisprudence, with previous clerkships at a civil defense firm, as well as the Travis County District Attorneys’ Office.



  • The University of Texas School of Law (J.D., 2006)
  • Southern Nazarene University (B.S., magna cum laude, Philosophy and Psychology, 2002)


Representative Experience

Construction and Surety

  • Assists in the representation of national surety companies in disputes associated with performance and payment bond obligations
  • Representation of clients in complex construction disputes surrounding design issues, construction defects, and contract interpretation
  • Assists in salvage opportunities against indemnitors, bonding agents, certified public accountants, and financial institutions
  • Assists in an array of issues pertaining to probate and guardianship bonds, as well as initiating claims on behalf of sureties in probate proceedings surrounding property owned by indemnitors


  • Assists in the representation of secured and unsecured creditors in all types of bankruptcy proceedings and reorganizations


  • Assists in the representation of commercial landlords in litigation and resolution of defaults, termination issues, tenant claims, and leasing and contract issues


  • Assists in a variety of fidelity matters, including claim investigation, as well as litigation surrounding employee dishonesty, forgery, and similar fidelity policy claims


Admitted to Practice

  • United States Supreme Court
  • State Courts of Texas
  • State Courts of Florida
  • State Courts of Arkansas
  • U.S. District Court for the Northern District of Florida
  • U.S. District Courts for the Northern, Eastern, Southern, and Western Districts of Texas
  • Western District of Oklahoma
  • Eastern and Western Districts of Arkansas



  • Committee for Fee Disputes for the Dallas Bar Association
  • National Bond Claims Association


Honors and Awards


Presentations and Publications

  • “Defaulted Contractor Files Bankruptcy: What is the Strategic Course of Action for the Surety?,” National Bond Claims Association Conference, 2013
  • Irvin v. Guar. Co. of N. Am., 2008 Texas App. LEXIS 5865 (Tex. App. – Dallas 2008)
  • Drum v. Calhoun, 299 S.W. 3d 36, 362 (Tex. App. –Dallas 2009) cert. denied, 131 S. Ct. 1017, 178 L. Ed. 2d 843 (U.S. 2011) reh’g denied, 131 S. Ct. 1810 (U.S. 2011)
  • Marchelle M. Houston and Keith A. Langley, Ch. 8, Liability of the Performance Bond Surety for Damages (Under Contract of Suretyship), in The Law of Performance Bonds 431 (Lawrence R. Moelmann et al. eds., 2d ed., Am. Bar. Ass’n 2009) (assisted in preparation of chapter)
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