Jonathan Cohen is an experienced attorney focusing on surety, construction, and commercial matters. He handles all phases of a dispute from pre-litigation to post-judgment collection activities in state court, federal court and in arbitration. Jonathan has successfully settled lawsuits on behalf of sureties in disputes over contract balances, contractual disputes, and obligee misconduct detrimental to the surety. He has also secured judgments on behalf of sureties against defaulted principals and negotiated plans of reorganization under Chapter 11 of the Bankruptcy Code with debtor-principals on terms favorable to the surety.
Jonathan also represents general contractors, subcontractors, and owners on a variety of construction-related disputes including construction defects, contractor negligence, and contractual interpretation. Other types of matters Jonathan has handled include disputes involving fidelity bonds, wage and benefits bonds, employment disputes, and first party insurance disputes. Jonathan has also advised business clients on implementing “best practices” to reduce liability exposure relating to administrative and regulatory matters and has negotiated and drafted a variety of employment contracts.
Before graduating law school, Mr. Cohen was licensed as a series 7, 63, and 53 investment officer in a large financial institution where he advised business and retail clients with respect to investing in fixed-income securities.
Education
- Widener University School of Law, J.D., 2002
- University of Florida, B.S., 1994
Bar Admissions
- Florida
- Pennsylvania
- S. District Court for the Northern, Middle, and Southern Districts of Florida
- S. District Court for the Eastern District of Pennsylvania
Memberships and Affiliations
- National Bond Claims Association
- Surety Claims Institute
- Fidelity and Surety Law Committee of the American Bar Association
- Atlanta Surety Claims Association
- Chicago Surety Claims Association
- Philadelphia Surety Claims Association
- Broward County Bar Association
Reported Decisions:
- Allied World Specialty Ins. Co. v. Lawson Investment Group, Inc., 2016 U.S. Dist. LEXIS 21136 (M.D. Fla. 2016)
- T.O. Golden Constr. Corp. v. Allied World Ins. Co., 2018 U.S. Dist. LEXIS 192103 (S.D. Fla. 2018)
- Allied World Specialty Ins. v. MRL Plumbing, LLC, 2018 U.S. Dist. LEXIS 32126 (D. SC 2018)
- Allied World Specialty Ins. Co. v. MRL Plumbing, LLC, 2017 U.S. Dist. LEXIS 203804 (D. SC 2017)
- Beam Constr. Co. v. Allied World Specialty Ins. Co., 2017 U.S. Dist. LEXIS 183923 (W.D. NC 2017)
- Progressive Plumbing, Inc. v. Evergreen Corp., 2016 U.S. Dist. LEXIS 25078 (M.D. Fla. 2016)
- In re Progressive Plumbing, Inc. 2016 Bankr. LEXIS 3429 (M.D. Bankr. 2016)
- Allied World Specialty Ins. Co. v. Progressive Plumbing, Inc., 2015 U.S. Dist. LEXIS 119945 (M.D. Fla. 2015)
Publications, Presentations and Radio
- Cohen, Jonathan and Rivera, Elizabeth. “Incorporation by Reference Clauses in Performance Bonds: What terms are Actually Incorporated?” Surety Claims Institute Newsletter 33, no. 3 (September 2019): 11.
- Cohen, Jonathan and Rivera, Elizabeth. “Methods of Analyzing the Critical Path for Proving Delay Damages and Courts’ Preferences.” Fidelity & Surety Law Committee News (Spring 2019): 9.
- Cohen, Jonathan, Miceli, Amanda, Walsh, Rachel and McConnell, William, panelists. Privilege Issues in the Surety’s Initial Claim Investigation. Pearlman Conference, 5 Sept. 2019, Columbia Winery, Woodinville, WA.
- “Surety Bond Law.” Live Legal News and Review. Broward County Bar Association. 11 August 30, 2018. Radio.
- Cohen, Jonathan. “Preliminary notices: how they affect the surety.” National Bond Claims Association, Lake Oconee, GA. 5 October 2017.
- Cohen, Jonathan. “Forum Selection Clauses: Venue Restrictions in Bonds.” Philadelphia Surety Claims Association, Philadelphia, PA. 17 May 2017.
- “Surety Bond Law.” Live Legal News and Review. Broward County Bar Association. 11 March 2016. Radio.
- Cohen, Jonathan. “Covering Your Assets: How Filing Procedures Can Protect a Surety.” Allied World Assurance Company, Underwriting Dept. Philadelphia, PA. 26 February 2016.
- Speaker: “Florida Employment Law.” Liberty Mutual Insurance Company, February 2013.
- Jonathan Cohen, Joshua Pinsky, and Craig Stein. “The Buck Stops with You,” Trust & Estates, Vol.145, No. 2 at 42 (February 2006).
