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Kenneth Mastny

Title/s:  Senior Claims Counsel, CNA Surety

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About

Ken works as a Senior Claims Counsel at CNA Surety.  In this position, Ken manages performance and payment bond claims on construction projects throughout the United States and Canada, including projects exceeding $100 million.  This includes overseeing performance on projects where the surety has an obligation to complete construction work, including but not limited to, performing legal research regarding the surety’s obligations under the applicable bonds, preparing estimates for reserves to complete the work, analyzing options for completion, negotiating with completion contractors, negotiating with obligees/owners of projects, drafting all applicable agreements and releases, negotiating payment bond claims, and ensuring project work is completed. He also manages outside legal counsel and external consultants, including review and comment on all briefs, correspondence and agreements.  Prior to joining CNA Surety, Ken was a partner at a law firm in Oak Brook, Illinois, where he was involved in day-to-day operations, client management, client contact/consultation, and building/retaining client base.  He has substantial experience in litigation (including but not limited to litigating Mechanics Lien claims, Bond Claims, Liens on Public Funds, Union contributions, contract claims, wage claims and employment claims) in Federal and State court as well as arbitration/administrative hearings.  He also has experience with transactional work, including but not limited to the drafting and review of real estate contracts, loan documents, construction contracts, and employment contracts.  In private practice, he also performed Appellate work, including researching, drafting briefs and arguing before the Seventh Circuit and the Second District.  While in law school, he was an academic tutor, a member of Loyola University Chicago Law Journal, and a judicial extern for the Honorable Ronald A. Guzman in the Northern District of Illinois.  Ken has a manufacturing engineering degree as well, and worked for ten years in manufacturing prior to attending law school.

Degrees

J.D. Loyola University School of Law

B.S. Manufacturing Engineering – Bradley University

Program Areas

Advocacy