Beyond the Click: Legal Realities of E-Signed Indemnity Agreements

Adrian D’Arcy’s primary practice areas include commercial litigation, surety litigation, construction litigation which he litigates in federal and state courts, and in arbitrations. Adrian is a proponent of resolving matters early in mediation and through alternative dispute resolution if possible so clients can focus on their companies and not on litigation. Additionally, Adrian crafts and reviews construction contracts so that clients are protected on the front end of projects. Adrian has over 21 years of litigation experience.

Adrian graduated cum laude from Loyola Law School and now teaches a Construction Law and Surety Law class there as an adjunct professor. Adrian has also presented numerous lectures on construction and surety issues over the last 19 years and he continues to speak on these subjects on a regular basis.

Ashley Robinson has over 15 years of commercial litigation experience. Ashley’s practice is focused on the construction industry where she primarily represents sureties, owners, general contractors, and large subcontractors in disputes on commercial construction projects. Ashley assists clients in complex construction claims related to payment, defaults, delays, termination, design errors, and construction defects.

Ashley represents sureties in matters dealing with large project defaults, owner negotiations, and, simultaneously, defending against the accompanying performance bond claims. Through this process Ashley has worked on negotiated takeovers, tenders, completion agreements, subcontractor ratifications, construction contracts, financing agreements, and collateral agreements. In addition, Ashley defends and negotiates payment bond claims made against sureties. In conjunction with project defaults, Ashley also pursues indemnity claims on behalf of sureties, from collateral demands and allowed unilateral actions under general agreements of indemnity through litigation and collection efforts against the indemnitors.

Ashley enjoys assisting construction clients through every phase of a construction project beginning with zoning and permitting, drafting and negotiating construction contracts, project completion, and construction dispute resolution when necessary. Ashley’s degree in Civil Engineering adds to her technical understanding of these practice areas. Her practical approach to resolving construction issues is geared towards protecting clients’ interests while moving intentionally to a negotiated resolution.

Ashley has presented programs for New Orleans Bar Association, Construction Law Committee and HalfMoon Education, Inc. She is currently serving as Co-Chair of the Design and Construction Committee for the American Bar Association, Real Property, Trust and Estate Law Section. She is also serving on a committee for the Women in Construction Conference.

Ryan joined EMC Bond in May 2013 as Bond Claims Attorney and served as Bond Claims Manager from April 2016 to 2022. In 2022, Ryan assumed the role of Vice President-Bond, where he oversees all bond operations for EMC.

Ryan earned his B.S. (Psychology) from Iowa State University and his J.D. from The University of Kansas in 2007. Prior to joining EMC, he practiced as an associate at a general practice firm in Kansas City, Missouri, handling litigation and appellate matters in both Missouri and Kansas. Ryan continues to hold bar licenses in Kansas, Missouri, and Iowa.

Ryan serves as a vice chair of the American Bar Association Fidelity and Surety Law Committee. He has authored articles for ABA publications, including The Law of Probate Bonds and Arbitration and the Surety, as well as For the Defense magazine, a publication of the Defense Research Institute. Ryan has presented on topics including surety arbitration, surety rights following a termination, disputed defaults, indemnity, and equitable subrogation.