Cynthia E. Rodgers-Waire
Areas of Practice
- Construction Law
- Surety & Fidelity
- Commercial Litigation
- Insurance Defense
AV® Preeminent™ rating, Martindale-Hubbell®
Listed in The Best Lawyers in America®, for Construction Law and Construction Litigation, 2011-2018
University of Maryland School of Law (J.D. 1992, with honor)
University of Virginia (B.A. 1989)
District of Columbia
U.S. Court of Federal Claims
U.S. District Court for the District of Maryland
U.S. District Court for the District of Columbia
U.S. Court of Appeals for the Fourth Circuit
Cynthia Rodgers-Waire wanted to be an attorney at a very young age, admittedly before she had any real idea why. It was a good hunch, as she turned out to be a very good one who has received a number of recognitions for her work and helps lead two very distinguished practice groups at Wright, Constable & Skeen.
Ms. Rodgers-Waire has been practicing law in Maryland and the surrounding region for more than twenty years. She focuses her practice on the areas of construction, mediation and arbitration law, surety and fidelity law. She assists clients with contract drafting and negotiation. She also provides advice regarding performance issues and claim analysis with an eye toward minimizing and efficiently resolving disputes. She has represented owners, developers, contractors, subcontractors, suppliers, and sureties in federal and state courts at both the trial and appellate levels, as well as in various forms of alternative dispute resolution, including mediation and arbitration.
Ms. Rodgers-Waire is a self-described perfectionist who prides herself on organization and attention to detail. She enjoys her work for the challenges that come with juggling different types of tasks, and the satisfaction derived from adding value for clients. She is extremely complimentary of the other members of her team at Wright, Constable & Skeen, pointing to a collegial atmosphere within the group and a desire to work together for the best results.
Surety and fidelity companies
Owners, general contractors, subcontractors and suppliers
Wright, Constable & Skeen (2009 – Present)
Whiteford, Taylor & Preston (1997 – 2009)
Albright, Brown & Goertemiller (1993 – 1997)
Judicial Law Clerk, Circuit Court of Maryland for Baltimore City (1992 – 1993)
SELECTED PROFESSIONAL AFFILIATIONS
American Bar Association – Fidelity & Surety Law Committee of the Tort & Insurance Practice Section; Forum on the Construction Industry
Maryland State Bar Association
Surety Claims Institute
Philadelphia Surety Claims Association
Associated Builders & Contractors, Baltimore Metro Area
Surety Today™ 30-minute tele-briefings on narrowly-focused topics for surety company attorneys and surety claims professionals.
Program Co-Chair: “The Annotated Performance Bond” at the ABA/TIPS Spring Meeting of the Fidelity and Surety Law Committee, Naples, FL, May 11-12, 2017.
Co-Author/Speaker: “The Completion Agreement Between the Surety and the Completing Contractor” at the ABA/TIPS Spring Meeting of the Fidelity and Surety Law Committee, Palm Springs, CA, May 5-6, 2016.
Co-Author/Speaker: “The Surety’s Obligation to Meet Disadvantaged Business Enterprise (DBE) Requirements” at the 27th Annual Northeast Surety & Fidelity Claims Conference in Atlantic City, NJ, September 22-23, 2016.
Surety Program Co-Chair: “Fundamental Rights of Suretyship – Review of the Indemnity Agreement and the Options Available to the Surety” at the ABA/TIPS Mid-Winter Meeting of the Fidelity and Surety Law Committee, New York, NY, January 23-24, 2014.
Co-Author/Speaker: “The Surety’s Subrogation Rights and Claims Against the Federal Government,” Chapter 15, THE CONTRACT BOND SURETY’S SUBROGATION RIGHTS (George Bachrach, James Ferucci, and Dennis Bartlett, Eds. 2013), presented at the ABA/TIPS Spring Meeting of the Fidelity and Surety Law Committee, Orlando, FL, May 2-3, 2013.
Author: “When Does the Statue of Limitation Run on Payment Bond Claims?” published in For the Defense, Defense Research Institute, March 2013.
Co-Author/Speaker: “The Preclusive Effect of a Principal’s Default Judgment or Default Arbitration Award and the Impact of the Decision” at the 23rd Annual Northeast Surety and Fidelity Claims Conference, September 20-21, 2012.
Speaker: “Performance Bond Surety’s Right to Contract Funds” at the ABA/TIPS Mid-Winter Meeting of the Fidelity and Surety Law Committee, New York, NY, January 26-27, 2012.
Co-Author/Speaker: “Jury Trial Issues in Surety and Fidelity Litigation” at the 22nd Annual Northeast Surety and Fidelity Claims Conference, Atlantic City, NJ, September 22-23, 2011.
Construction Program Co-Chair: “The Critical Construction Issues Facing the Performing Surety” at the ABA/TIPS Mid-Winter Meeting of the Fidelity and Surety Law Committee, New York, NY, January 20-21, 2011.
Co-Author/Speaker: “Regulating Ethics – Attempts to Regulate Surety Claims Practices” at the 21st Annual Northeast Surety and Fidelity Claims Conference, Atlantic City, NJ, September 22-24, 2010.
Co-Author: “The Performance Bond Surety’s Rights to the Contract Funds,” Chapter 4, THE LAW OF PERFORMANCE BONDS, 2d Ed. (Lawrence Moelmann, Matthew Horowitz, and Kevin Lybeck, Eds. 2009).
Co-Author/Speaker: “A Practical Guide to Avoiding the Pitfalls and Expense of Protracted Disputes over Document Production and E-Discovery” at the 20th Annual Northeast Surety and Fidelity Claims Conference, Atlantic City, NJ, September 2009.
Co-Author/Speaker: “Documents and Agreements Related to the Indemnity Agreement,” Chapter 3, THE SURETY´S INDEMNITY AGREEMENT: LAW PRACTICE, 2d Ed. – (Marilyn Klinger, Tracey Haley, and George J. Bachrach, Eds. 2008), presented at the ABA/TIPS Spring Meeting of the Fidelity and Surety Law Committee, Kansas City, MO, May 2008.
Co-Author/Speaker: “A Primer on the Tucker Act” at the Surety Claims Institute Annual Meeting, June 2008.
Author: “Consultant and Expert Witness Claim Files: Are They an Open Book?” at the 18th Annual Northeast Surety and Fidelity Claims Conference, Atlantic City, NJ, September 27-28, 2007.
Contributing Author: THE PAYMENT BOND MANUAL, 3rd Ed. (Maryland section), ABA/TIPS Fidelity and Surety Law Committee (Wayne D. Lambert, Todd R. Braggins, and J. Blake Wilcox, Eds. 2006).
Contributing Author: THE PERFORMANCE BOND MANUAL (Maryland Section), ABA/TIPS Fidelity and Surety Law Committee (Lawrence Lerner and Theodore M. Baum, Eds. 2006).
Avalon Bay Communities Inc. v. San Jose Water Conservation Corp. et al., United States District Court for the Eastern District of Virginia, Case No. 07-00306-GBL-TRJ
Avalon Bay Communities Inc. v. Tetra Tech, Inc., et al., United States District Court for the Eastern District of Virginia, Case No. 08-00777-TRJ
Seaboard Sur. Co. v. Boney, 135 Md. App. 99, 761 A.2d 985 (2000)
United States f/b/o East Coast Contracting, Inc. v. USF&G, No. 04-2098 (4th Cir. 2005) – unpublished
AvalonBay Communities, Inc. v. Willden, et al., No. 09-2339 (4th Cir. 2010) – unpublished
Girl Scouts of Central Maryland Board of Directors – August 2016 – Present.