Michael Stover has practiced law for over 31 years. He joined Wright, Constable & Skeen to help lead the Surety & Fidelity law practice at the firm, which has become one of the most well-recognized practices nationally in the surety industry. While Mr. Stover practices predominately in surety and construction law, he is also well experienced in government contracts, professional liability, and general litigation. He is distinguished professionally for his work, earning recognition as a “Super Lawyer®” in surety law from 2015-2022, “The Best Lawyers in America®” for Construction Law from 2013–2022. He also holds the AV Preeminent Peer Review rating from Martindale-Hubbell and the highest rating on AVVO.
In the surety industry, Mr. Stover has represented most of the major surety companies as well as many mid-size and smaller companies. He has been involved as counsel on large multi-state, multi-project contract performance bond defaults, involving workouts, financing and takeovers as well as large national bankruptcy matters for commercial bond sureties. He has also represented sureties in pursuing indemnity, salvage and subrogation rights. Over the years, he has been very active in the surety industry writing articles, giving presentations and attending/sponsoring conferences around the country. In 2010, he spearheaded the creation of the Philadelphia Surety Claims Association and is a founding Officer and member of the Board of Directors. In 2016, he was named a Vice Chair of the ABA/TIPS – Fidelity and Surety Law Committee and continues to serve in that capacity today. In 2022, he co-authored Chapter 20, The Commercial Surety’s Collateral in a Principal’s Bankruptcy in the ABA publication titled The Law of Commercial Surety and Miscellaneous Bonds, 3d ed. In 2021, he co-authored Chapter 6, Surety Claims in Bankruptcy in the ABA publication titled Surety Aspects of Bankruptcy Law and Practice. He updated Chapter 10, Payment Bond Surety’s Right to Contract Proceeds, in the ABA publication titled The Law of Payment Bonds, 2d ed. He co-authored Chapter 4, Financing the Principal in the ABA publication titled the Bond Default Manual, 4th ed.
In May 2016, Mr. Stover spearheaded the creation of the Surety Today® live podcast program. Surety Today® is a live call in educational resource for professionals in the surety industry presented monthly by the attorneys of the Surety Law Group at Wright, Constable and Skeen. Surety Today® podcasts offer 30 minutes of in-depth discussion on topics of narrow focus and practical importance to those in the industry. Mr. Stover frequently hosts the program and has presented extensively on numerous surety-related topics. The podcast can be found on Spotify, Apple Podcasts, Stitcher, Amazon Music and PodBean. Most of the presentations are also available as white papers and can be found at wcslaw.com and suretytoday.net. With the start of 2022, Surety Today expanded to include Surety Today: The Blog. This alternative digital resource provides weekly articles covering potential issues and developments in the surety industry, as well as a calendar of upcoming surety events.
In the construction industry, Mr. Stover has represented fortune 500 contractors, architects, engineers, subcontractors, suppliers and owners in a wide variety of matters. From negotiating and drafting contracts, to preparing and filing claims, bid protests, mechanics liens, litigation, collections, mediations and arbitrations. He also regularly presents seminars for the construction industry and he is the editor and frequent contributor to the Wright, Constable & Skeen construction newsletter The Wright Toolbox. In 2018, Mr. Stover’s article, A Guide to Builder’s Risk Insurance, was published in the American Bar Association’s Tort Trial & Insurance Practice Law Journal, Issue 3.
Mr. Stover began his career as a professional liability defense attorney, representing lawyers, accountants, architects and engineers in malpractice actions with a professional liability boutique firm. Throughout his career, Mr. Stover has continued to represent clients in malpractice and professional grievance matters.
Mr. Stover is very active in a number of legal and professional groups and has held a variety of leadership roles. He is a Fellow of the Maryland Bar Foundation and a former member of the Maryland State Bar Association Board of Governors, Executive Committee and former elected Chair of the Young Lawyers’ Section. Regional and national memberships include the American Bar Association’s Fidelity & Surety Law Committee, Vice Chair, Board of Directors of the Philadelphia Surety Claims Association, Board of Directors of the Northeast Surety and Fidelity Claims Conference, member of the National Bond Claims Association, and the Chicago Surety Claims Association.
Mr. Stover grew up in Severna Park, Maryland and studied both as an undergraduate and as a law student at the University of Maryland.
Fun facts: Mr. Stover played football in high school, married his high school sweetheart, has 7 children and 3 grandchildren, his second child was born in the backseat of his car
- Co-Founder, Director and Vice President, Philadelphia Surety Claims Association
- Member: American Bar Association, Torts and Insurance Law Practice Section, Fidelity and Surety Law Committee Vice Chair
- Member: National Bond Claims Association
- Former Chair Young Lawyers Section, Maryland State Bar Association
- Former Member of the Board of Governors and Executive Committee, Maryland State Bar Association
- Speaker: “The Surety’s Claims In Bankruptcy,” Virtual Presentation for the Northeast Surety and Fidelity Claims Conference, Sept. 23, 2021.
- Speaker: “Commercial Surety’s Collateral In A Principal’s Bankruptcy,” ABA/TIPS Spring Meeting of the Fidelity and Surety Law Committee, Hilton Head, SC, May 5, 2022.
- Letters of Credit – What You Thought You Knew You Didn’t, Presented at the Northeast Surety and Fidelity Claims Conference, Atlantic City, NJ, Sept. 22, 2022.
- Contributing Author to the book The Law of Commercial Surety and Miscellaneous Bonds, Chapter 20, Commercial Surety’s Collateral In A Principal’s Bankruptcy, Fidelity and Surety Law Committee of the Tort and Insurance Practice Section, American Bar Association – 3rd (S. Arena, Jr., K. Truman, J. Alleyne and J. Wear Eds. 2022)
- Cardinal Change Doctrine – Surety Claims Institute newsletter, May 2022
- Contributing Author to the book Surety Aspects of Bankruptcy Law and Practice, Chapter 6, Surety Claims in Bankruptcy, Fidelity and Surety Law Committee of the Tort and Insurance Practice Section, American Bar Association (C. Schexnayder, M. Collins Eds. 2021)
- The Implications of Trump’s order on race and sex stereotyping – The Daily Record – October 2020
- 2016-2020 Surety Today® 30-minute tele-briefings on narrowly-focused topics for surety company attorneys and surety claims professionals – Host and primary presenter. To view or listen to past presentations click here.
- Co-Author of Financing The Principal – A Guide To Understanding The Most Maligned Surety Performance Option, presented at the American Bar Association, Tort and Insurance Practice Section, Fidelity and Surety Law Committee Mid-Winter Meeting, New York, New York, January 2020.
- Author, Being Mindful of the False Claims Act, Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section, American Bar Association – Committee Newsletter, Winter 2020
- Co-Author, The Surety’s Claims In Bankruptcy, Surety Claims Institute Newsletter, Volume 33, Number 2, May, 2019
- For Whom The Bell Tolls – Analyzing Limitations Provisions, Presented at the Northeast Surety and Fidelity Claims Conference, New Jersey 2019.
- Contributing Author: A Primer on Insurance Coverages for the Surety Professional, Chapter 3, Builder’s Risk Insurance, Fidelity and Surety Law Committee of the Tort and Insurance Practice Section,American Bar Association (D. Leonard, C. Smith, T. Vollbrecht, Eds. 2018). Presented at the ABA, FLSC Mid-Winter Meeting, Washington, D.C. 2018.
- Protecting The Surety’s Interests In Stored Materials From The Principal’s Bankruptcy Trustee And Secured Lender, Presented at the Northeast Surety and Fidelity Claims Conference, New Jersey 2017.
- Speaker: “Payment Bond Surety’s Right to Contract Proceeds,” ABA/TIPS Mid-Winter Meeting of the Fidelity and Surety Law Committee, New York City, Jan. 20-22, 2016.
- Contributing Author: The Bond Default Manual, 4th, Chapter 4, Financing the Principal, Fidelity and Surety Law Committee of the Tort and Insurance Practice Section, American Bar Association (M. Pipkin, C. Smith, T. Vollbrecht, B. Wilcox, Eds. 2015). Presented at the ABA, FLSC Spring Meeting, La Jolla, California 2015.
- Co-Author: New Standards Affecting the Surety’s use of Section 523 – Non-Dischargeability in Bankruptcy, Northeast Surety & Fidelity Claims Conference, New Jersey 2014.
- Speaker: Ethics – Joint Representation of the Surety and the Principal, Presented at the ABA Mid-Winter Meeting of the Fidelity and Surety Law Committee, New York 2014.
- Panelist: Serving Two Masters: The Ethics of Representation of Serving Sureties and their Principals, audio webinar sponsored by the Fidelity and Surety Law Committee of the TIPS/ABA, December 2012.
- Co-Author: Contract Funds in Escrow – Watch out for the Principal’s Judgement Creditors, Presented at the Northeast Surety & Fidelity Claims Conference, New Jersey 2012.
- Contributing Author to the Law of Commercial Surety and Miscellaneous Bonds, 2d Ed., Chapter 20, The Commercial Surety´s Collateral in a Principal´s Bankruptcy Case, Fidelity and Surety Law Committee of the Tort and Insurance Practice Section, American Bar Association (B. King, R. Towle and S. Arena, Jr., Eds. 2012). Presented at the ABA, FLSC Spring Meeting, Hilton Head, South Carolina 2012.
- Speaker, What to do When Construction Projects Go Bad in Maryland, Lorman Education Services Seminar, Baltimore, Maryland 2011.
- Co-Author: The Commercial Surety’s Collateral in a Principal’s Bankruptcy Case, Presented at the Northeast Surety & Fidelity Claims Conference, New Jersey 2011.
- Co-Author: Current Precedent and Ethical Issues Regarding the 45 Day Provision in the AIA A-312 Payment Bond, Presented at the Northeast Surety & Fidelity Claims Conference, New Jersey 2010.
- Author: Do You Have Trust Issues? The Surety’s Use of Trust Fund Rights in Bankruptcy, Presented at the Surety Claims Institute, Cape Cod, Massachusetts 2009.
- Speaker, Managing Construction Projects in Maryland, Lorman Education Services Seminar, Baltimore, Maryland 2009.
- Co-Author: Federal and State Regulatory Structures for Public-Private Partnerships, Presented at the ABA Mid-Winter Meeting of the Fidelity and Surety Law Committee, New York 2009.
- Speaker, The Fundamentals of Construction Contracts in Maryland, Lorman Education Services, Baltimore, Maryland 2008.
- Co-Presenter: Hot Topics For The Performance Bond Surety, Presented at the Northeast Surety & Fidelity Claims Conference, New Jersey 2008.
- Speaker, Everything a Construction Player Should Know About Insurance in Maryland, Lorman Education Services, Baltimore, Maryland 2008.
- Co-Author: Fundamentals of Electronic Discovery and the New Federal Rules, Northeast Surety & Fidelity Claims Conference, New Jersey 2007.
- The Surety’s Reservation of Rights, Presented at the Northeast Surety & Fidelity Claims Conference, New Jersey 2006.
- Salvage Investigation – Resources and Options, Presented at the Northeast Surety & Fidelity Claims Conference, New Jersey 2005.
- Speaker, Construction Contracts and Purchase Orders in Maryland, Lorman Education Services, Baltimore, Maryland 2005.
- Look Who´s Bringing Home The Bacon – How Recent Decisions Interpreting the Davis-Bacon Act Can Negatively Affect The Surety, Presented at the Northeast Surety & Fidelity Claims Conference, New Jersey 2003.
- Discovery of Electronic Information, MSBA Bar Journal 1999.
- Perils and Pitfalls in Payment Bond Claims, A Discussion of Unusual Case Law, Presented at the Northeast Surety & Fidelity Claims Conference, New Jersey 1997.
Weekly Wright Report
- Preferences Under the Bankruptcy Code – Generally Pt.1 – read now
- New Rules Become Effective January 1, 2023 for VOSB and SDVOSB Certification – read now
- New EEOC Workplace Poster – read now
- The IRS Recognizes the Rising Gas Prices in Rare Mid-Year Mileage Rate Adjustment – read now
- Government Contractor Agrees to Pay $9 Million to Resolve False Claims Act Allegations of Cybersecurity Violations – read now
- Buy American – Just Not Quite Yet – read now
- DOL Proposes New Changes To The Davis-Bacon Act Regulations – read now
- Ukraine/Russia: Cyber Policy Exclusions – read now
- New OFCCP Directive Signals New Focus on Pay Equity – read now
- Social Media Supports a Bid Protest – Better Check Your Online Profiles – read now
- Biden Administration Issues New Executive Order Requiring Project Labor Agreements – read now
- OSHA Withdraws Vaccine Mandate for Large Private Employers – read now
- Another Bite at the Apple for Small Businesses – read now
- Don’t Touch That! – read now
- What Was Old Is New Again – New Executive Order on “Right of First Refusal” to Service Employees of Predecessor Contracts – read now
- Certificates of Insurance – read now
- DOJ Issues False Claims Act Report for Fiscal Year 2020 – read now
- New Corporate Transparency Act Became Effective – read now
- New Rules Combine SBA 8(a) Business Development Mentor-Protégé Program with the All Small Mentor-Protégé Program – read now
- New Appeal Process Established by the SBA for PPP Loan Forgiveness Determinations – read now
- Business Interruption Insurance Coverage Update – read now
- The DOD Increases Sole Source Contract Opportunities For 8(a) Contractors – read now
- Sometimes It Can Pay To Cooperate – read now
- The Old Bait And Switch – read now
- The Intersection of Sci-Fi and the Law Where Time Can Stand Still – read now
- FY 2019 GAO Results Are In – read now
- Picky, Picky, Picky – Government Over-Inspection Could Be A Breach – read now
- Trying to Combat the Race to the Bottom, the DOD Limits LPTA Contracting Method – read now
- Can A Later Contract Automatically Cancel A Prior Contract? It Depends on the Law of Novation – read now
- Can’t We All Just Get Along – Cooperation Clauses in Insurance Policies – read now
- Out of the Ashes— Lessons Can Be Learned – read now
- Department of Labor Discretionary Suspensions and Debarments Just Became a Whole Lot Easier and Faster – That Is Probably Not A Good Thing – read now
- When Opportunity Knocks, Answer The Door – New Opportunity Zones – read now
- The Importance of Claim Notices and Lien Waivers – read now
- Get a Grip on Your Cyber Security Because the DoD is Beginning Compliance Reviews – read now
- Do You Operate A Drone Or Use Drone Services In Your Business? Better Check Your Insurance Coverage – read now
- Preference Actions in Bankruptcy – Zombie Claims – read now
The Wright Toolbox
- New Law Requires The Federal Government To Update The Rules Regarding Organizational Conflicts Of Interest – read now
- Proposed New Rule to Require Certain Federal Contractors to Disclose Greenhouse Emissions – read now
- 2022 GAO Bid Protest Annual Report – read now
- The Department of Labor is Proposing New Rules for Employee/Independent Contractor Classification – read now
- Implied Duties in Your Contract – read now
- Investigative Reporters Are Looking for Your EEO Data, and Time Is Running Out to File An Objection – read now
- Who Is An Additional Insured – Are You Covered? – read now
- The DOD Issues Guidance on Addressing Rising Costs and Inflation – read now
- Construction Company Agrees to Pay $2.8 Million to Resolve False Claims Act Allegations – read now
- Don’t Touch That! – read now
- The Old Bait And Switch Revisited – The Third Time Is The Charm – read now
- DOJ Issues False Claims Act Report For Fiscal Year 2021 – read now
- Ukraine/Russia – Cyber Policy Exclusions – read now
- Unfair Competitive Advantages from Former Agency Employees – read now
- 2021 GAO Bid Protest Annual Report – read now
- Final Rule Issued on Federal Contractor Minimum Wages – read now
- Avoid Being Dragged Down by Supply Chain Disruptions – read now
- Government Contractors Beware – The False Claims Act Will Be Applied In Cyber Breach Matters – read now
- OSHA Unveils Top 10 Violations List for FY 2020 – read now
- 2020 GAO Bid Protest Annual Report – read now
- Don’t Get Bullied by the Government, Use Your “Illegal Exaction” Claim – read now
- Don’t Get SLAPPed – read now
- New Executive Order Addresses “Race or Sex Stereotyping or Scapegoating” – read now
- New Appeal Process Established by the SBA for PPP Loan Forgiveness Determinations – read now
- New Interim Rules on the Government’s Ban on Tech From China – read now
- Business Interruption Insurance Coverage Update – read now
- Protesting The Space Between – read now
- To Arbitrate Or Not To Arbitrate, That Is The Question – read now
- The DOD Increases Sole Source Contract Opportunities For 8(a) Contractors – read now
- Government Knowledge Defense to False Claims Act Suits – read now
- Economic Toll of the Pandemic – read now
- You Might Have Cyber Coverage You Didn’t Know You Had – read now
- When Time Stands Still – read now
- The Old Bait And Switch – read now
- The False Claims Act – Qui Tam Actions an Overview – read now
- Can a Later Contract Automatically Cancel a Prior Contract? It Depends on the Law of Novation? – read now
- Trying to Combat the Race to the Bottom, the DOD Limits LPTA Contracting Method – read now
- Government Over-Inspection Could Be A Breach – read now
- 2019 GAO Bid Protest Annual Report – read now
- Liquidated Damages – read now
- The Automatic Stay in Bankruptcy – An Overview – read now
- Government Contractor Suspended After Data Breach – Insufficient Cyber Security Could Be The End Of Your Business – read now
- What’s In Your Contract? – read now
- A Primer on the Davis-Bacon Act – read now
- Pay-if-Paid vs Pay-When-Paid Clauses – read now
- Protest Deadline Triggered By Silence – read now
- Can’t We All Just Get Along – Cooperation Clauses in Insurance Policies – read now
- Buy American Revamp – New Executive Order – read now
- 2018 GAO Bid Protest Annual Report – read now
- Who Is An Additional Insured – Are You Covered? – read now
- OSHA Top 10 Violations for 2018 – read now
- The Small Business Runway Is Clear For Takeoff – read now
- DOJ Issues False Claims Act Report For Fiscal Year 2018 – read now
SURETY TODAY®
Mr. Stover hosts the Surety Today® program and has presented extensively on numerous surety related topics as shown below. Surety Today® is a conference call educational resource for professionals in the surety industry presented monthly by the attorneys of the Surety Law Group at Wright, Constable and Skeen. Surety Today® telebriefings offer 30 minutes of in-depth discussion on topics of narrow focus and practical importance to those in the industry. The presentations are recorded and can be found as podcasts on Spotify | Apple Podcasts | Stitcher | Amazon Music | PodBean and are also transcribed and can be found here or on suretytoday.net.
2022
December 12, 2022 – Federal Enclaves and Federal Supremacy Clause – audio
November 14, 2022 – Understanding CGL Policies – audio
October 10, 2022 – Statutes of Repose – audio
September , 2022 – The Scollick Decision and the Surety’s Exposure to False Claims Act Liability. What Comes Next? – audio
August 8, 2022 – The Initial Project Site Visit – audio
July 11, 2022 – The Surety and Financing the Principal – audio
June 13, 2022 – The Miller Act Limitations and Procedures – audio
May 10, 2022 – Curious, Strange and Bewildering Situations that One May Encounter in the Surety World – audio
April 11, 2022 – Critical Construction Issues for the Performing Surety – audio
March 14, 2022 – The Surety and Attorney’s Fees – audio
February 14, 2022 – The Cardinal Change Doctrine – audio
January 10, 2022 – Catching Up with the FSLC in 2022 – audio
2021
December 13, 2021 – Surety Case Law Update – audio
November 8, 2021 – Takeover Agreements – audio
August 9, 2021 – Customs Bonds with guest John Sheppard of C.A. Shea & Company – audio
July 12, 2021 – Industry and Legislative Updates with Julie Alleyne of the SFAA – audio
June 14, 2021 – Surety Case Law Update – audio
May 10, 2021 – Issues in Commercial Claims – audio
April 12, 2021 – Construction Technology – audio
March 8, 2021 – Using and Understanding the Restatement of the Law, Third – Suretyship and Guaranty – audio
February 8, 2021 – A Review of the State of the Construction and Surety Industries with VERTEX – audio
January 11, 2021 – Supersedeas Bonds – audio
2020
December 14, 2020 – The Effect of an Incorporation by Reference Provision in the Bond– audio
November 9, 2020 – The Effect on the Surety of a Judgement Against the Principal – audio
October 12, 2020 – Surety Case Law Briefing – audio
September 14, 2020 – Revisiting the Impact of COVID-19 – audio
August 10, 2020 – The Surety and Fiduciary Duty Obligations – audio
July 13, 2020 – Understanding Subcontractor Default Insurance – audio
June 8, 2020 – Indemnity Agreements – Useful Provisions and Potential Pitfalls for Claims Handlers – audio | presentation
May 11, 2020 – What’s Ahead Post Lockdown – audio
April 13, 2020 – Tendering a Completion Contractor – audio | presentation
April 03, 2020 – Special Edition: Sureties Battling the Coronavirus – audio
March 09, 2020 – Resolving Issues Between Multiple Sureties with the Same Principal in Default – Revisiting the “Guiding Claim Procedures” – audio | presentation
February 10, 2020 – Catching Up With The Fidelity and Surety Law Committee – audio
January 13, 2020 – Surety Case Law Review – audio | presentation
2019
December 9, 2019 – The Surety and Chapter 11 Bankruptcy Plan Release and Injunction Provisions
November 11, 2019 – A Cornucopia of Surety Issues
October 14, 2019 – The Surety and Delay Claims: Part II
September 9, 2019 – The Surety and Delay Claims
August 12, 2019 – What The Surety Needs To Know About Leasing Labor
July 8, 2019 – Notice, Conditions Precedent and Prejudice to the Surety Under the A312 (2010) Performance Bond
June 10, 2019 – Seven Deadly Sins of the Principal with Doug Allen of Forcon International
May 13, 2019 – The Surety’s Claims Against the Project Architect
April 8, 2019 – Surety Case Law Updates
March 11, 2019 – So What is a Books and Records Investigation – Going Beyond the Numbers with Peter Fascia, CPA, Esq., LLM of Matson Driscoll & Damico
February 11, 2019 – Salvage and Recovery with Kazlow and Fields
January 14, 2019 – Key Factors in Closing Out a Project with The Vertex Companies
Find more Surety Today presentations here and on Spotify | Amazon Music | Apple Podcasts | Stitcher | PodBean.
