Recent post
The Surety Is Not Your Fiduciary
September 27, 2022 By Michael Stover Every now and then a surety will be faced with an opposing party claiming that the surety owes it a “fiduciary duty,” usually it’s the principal or an indemnitor. ... Read More »
September 27, 2022
Shocking Bond Forms
September 20, 2022 By Michael Stover In this Surety Today Blog post, we will take a look at some of those terrible, bad, no good bond forms that are out there in the surety world.... Read More »
September 20, 2022
Surety Case Law Note: You May Need To Waive Goodbye To That Waiver Defense
September 13, 2022 By Michael Stover In this Surety Today blog post we will provide a Case Law Note to consider the issue of the permissibility of no damage for delay clauses in Miller Act... Read More »
September 13, 2022
Be Careful What You Say – Loose Lips Can Sink Defenses
September 6, 2022 By George J. Bachrach, Esq. In this Surety Today blog post we will provide a Case Law Note to consider the issue of whether a surety and its consultant’s communications with a... Read More »
September 6, 2022
Surety Case Law Note – No Good Deed Goes Unpunished
August 30, 2022 By Michael A. Stover, Esq. In this Surety Today blog post we will provide a Case Law Note to consider the issue of the interplay between the terms and provisions of the underlying... Read More »
August 30, 2022
The Surety and Attorney Fees – Reasonable Attorney Fees
August 23, 2022 By Michael A. Stover, Esq. This is the second post of a multi-part post regarding attorney’s fees. In the first post we discussed the American Rule regarding recovery of attorney’s fees and its... Read More »
August 23, 2022
Surety Case Law Note: Upholding a Surety’s Right to Settle a Principal’s Affirmative Claims
August 16, 2022 By Michael A. Stover, Esq. In this Surety Today blog post we will provide a Case Law Note to consider the issue of the surety’s right to settle a principal’s claims. PICKARD &... Read More »
August 16, 2022
The Surety’s Reservation of Rights
August 9, 2022 By Michael A. Stover, Esq. We all do it. It’s practically instinctive. We don’t even give it so-much-as a second thought. Even if all we are doing is something mundane, or routine like... Read More »
August 9, 2022
Surety Case Law Note: Discharge of the Surety Under the AIA A312
August 2, 2022 By Michael A. Stover, Esq. In this Surety Today blog post we will provide a Case Law Note to consider the issue of compliance with the bond terms, the right to supplement and... Read More »
August 2, 2022
The Surety and Attorney’s Fees – The American Rule
July 26, 2022 By Michael Stover, Esq This is the first post of a multi-part post regarding attorney’s fees. In this post we will explore the American Rule regarding recovery of attorney’s fees and its... Read More »
July 26, 2022
Surety Case Law Note: Saved By The Lien Release And Waiver Form
July 19, 2022 By Michael Stover, Esq In this Surety Today blog post we will provide a Case Law Note to consider the issue of the impact of lien release and waiver forms on a... Read More »
July 19, 2022
Surety Case Law Note: Greedy Grabby Bank
July 12, 2022 By Michael Stover, Esq In this Surety Today blog post we will provide a Case Law Note to consider the issue of when a bank may be guilty of fraudulent conveyance. HANOVER... Read More »
July 12, 2022
Surety Case Law Note: Discharge of the Surety
July 5, 2022 By Michael Stover, Esq In this Surety Today blog post we will provide a Case Law Note to consider the issue of when a surety may be discharged from its obligations under... Read More »
July 5, 2022
Claim For Attorney’s Fees Under Miller Act Payment Bond Claim With A Twist
June 28, 2022 By Michael Stover, Esq In this Surety Today blog post we will provide a Case Law Note to consider the issue of a claim for attorney’s fees that was asserted against the... Read More »
June 28, 2022
The Surety’s Equitable Subrogation Rights and the UCC
June 21, 2022 By Michael Stover, Esq Recently, we had a situation with a bank claiming that the surety’s right of equitable subrogation was not superior to the bank’s purported security interest under the Uniform... Read More »
June 21, 2022
Surety vs. Accountant – Pursuing the Principal’s Accountant
June 14, 2022 By Michael Stover, Esq In this Surety Today blog post we will provide a Case Law Note to consider the issue of a surety asserting a claim against the Principal’s accountant for... Read More »
June 14, 2022
Sports Wagering Bonds
June 7, 2022 In this blog post we will discuss the growing sports betting industry and its bonding requirements. First, a little background. In 1992, congress passed the Professional and Amateur Sports Protection Act (“Act”)... Read More »
June 7, 2022
Are Broad Plan Release and Injunction Provisions Legal?
May 31, 2022 By Michael A. Stover, Esq. In this post we will discuss the issue of whether a broad release and injunction in a chapter 11 debtor’s plan of reorganization is legally valid. If you... Read More »
May 31, 2022
The Surety’s Takeover Option – “To The Penal Limit and Beyond?”
May 24, 2022 By Michael A. Stover, Esq. In this Surety Today blog post we will discuss the surety’s Takeover performance option, including the advantages and risks. We will also focus on the biggest potential risk... Read More »
May 24, 2022
New Contract? No Problem! – Unless You’re the Surety
May 17, 2022 In this Surety Today blog post we will provide a Case Law Note to consider the issue of novation and whether a surety that issues a bond for the original contact can... Read More »
May 17, 2022
What Work Is The Right Work For Little Miller and Miller Act Limitations
May 10, 2022 By Michael A. Stover In this Surety Today blog post we will provide a Case Law Note to consider the issue of when limitations begins to run under the Miller Act for a... Read More »
May 10, 2022
Letters of Credit in Bankruptcy
May 3, 2022 By Michael A. Stover and George Bachrach In an earlier blog post, we discussed letters of credit in general. In this post we will focus on the impact of the principal’s bankruptcy on... Read More »
May 3, 2022
Letters of Credit in General
April 26, 2022 By Michael A. Stover Nature, Purpose and History of Letters of Credit Our topic in this post is about Letters of Credit in general. But first, a little side note. There was recently... Read More »
April 26, 2022
Enforcing Your Collateral Demand
April 19, 2022 By Michael A. Stover In a recent blog post on March 15, 2022, titled “Some Thoughts on the Collateral Demand” we discussed the mechanics of making the demand – following the requirements of... Read More »
April 19, 2022
Surety Case Law Note: Eastern District of Virginia Enforces Forum Selection Clause and Orders Intra-Division Transfer
April 12, 2022 By Thomas J. Moran, Esq. In a recent decision by Judge T.S. Ellis, III, of the U.S. District Court for the Eastern District of Virginia, Alexandria Division, the surety on a Miller... Read More »
April 12, 2022
Surety Case Law Note: Preferences, Payment Bonds and Releases – Oh My!
By George J. Bachrach, Esq. April 5, 2022 In this Surety Today blog post we will provide a Case Law Note to consider the issue of Preferences and Payment Bond Claims and the impact of... Read More »
April 5, 2022
Avoiding Successful Estoppel Defenses in Untimely Payment Bond Litigation
By Cynthia E. Rodgers-Waire March 29, 2022 It is well known that the Miller Act, 40 U.S.C. § 3131 et seq., provides that any payment bond lawsuit must be filed within one year from the date... Read More »
March 29, 2022
Surety Case Law Note: Is E-Mail Notice Sufficient Under A Little Miller Act?
By Michael A. Stover March 22, 2022 In this Surety Today blog post we will provide a Case Law Note to consider the issue of allowing notice under a Little Miller Act by e-mail to... Read More »
March 22, 2022
Some Thoughts on the Collateral Demand
By Michael A. Stover March 15, 2022 As the saying goes “a bird in the hand is worth two in the bush.” Which “roughly” translated into surety speak means it is better to get collateral... Read More »
March 15, 2022
“Tender is the Night”
By Michael A. Stover March 8, 2022 A quick google search of the word “tender” reveals a wide range of responses including the 1983 song “Tender is the Night” from Jackson Browne on his album,... Read More »
March 8, 2022
Is it Time to Review your Forum Selection Contract Clauses?
By Cynthia E. Rodgers-Waire March 1, 2022 In construction contracts, parties often include both choice of law and venue/forum selection provisions. These clauses can be particularly useful to avoid uncertainty or disputes when the parties... Read More »
March 1, 2022
The Distinction Between Suretyship and Insurance
By: Michael A. Stover If you are like me, nothing is more jarring than to hear someone say that suretyship and insurance are the same thing. That drives me crazy, and it is particularly alarming... Read More »
February 22, 2022
About the WCS Surety Team
Surety Today: The Blog is brought to you by your friends and counsel at the Surety and Fidelity Law Group at Wright, Constable & Skeen, LLP. You know us through Surety Today: The Podcast, our decades... Read More »
January 27, 2022
Welcome to Surety Today: The Blog
WELCOME to the launch of Surety Today: The Blog, brought to you by your friends and counsel at the Surety and Fidelity Law Group at Wright, Constable & Skeen, LLP. You know us through Surety... Read More »
January 10, 2022
Upcoming Surety Events for 2022
We will continue adding to this calendar as we receive updates. January 2022 January 12, 2022 – Philadelphia Surety Claims Association meeting, Philadelphia, PA (more info) February 2022 March 2022 March 16, 2022 – Philadelphia... Read More »
January 3, 2022
Disclaimer: This blog is not intended to provide legal advice, representation or legal services. It is the intent of the firm and authors that this information provide a general educational and informational framework to consider and evaluate the issues discussed. Given the variations in applicable law and facts, as well as the plethora of other factors that can arise on a case by case basis, it is not possible to provide any concrete or definitive answers for individual, specific circumstances. You should contact your attorney with specific legal needs.