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Surety Case Law Note: Indemnitor Defenses Review
By: Michael A. Stover, Esq. In this Surety Today Blog post we consider a Case Law Note addressing the issue of Indemnitor defenses. “Desperate times call for desperate measures,” (Hippocrates) and the Indemnitors in... Read More »
May 30, 2023
Analyzing Limitations
By: Michael A. Stover, Esq. In this Surety Today blog post we discuss analyzing limitations. When a claims handler gets a new claim against a bond, whether it’s a commercial bond or a construction... Read More »
May 23, 2023
Surety Case Law Note: Miller Act Labor, Limitations and Estoppel
By: Michael A. Stover, Esq. In this Surety Today Blog post we consider a Case Law Note addressing the issues of what constitutes “labor” under the Miller Act, the application of the Miller Act statute... Read More »
May 16, 2023
Notice To The Government For Tucker Act Jurisdiction
By: Michael A. Stover, Esq. In this Surety Today blog post we will continue our discussion from last week on the topic of Tucker Act Jurisdiction and the notice that is required to trigger that... Read More »
May 9, 2023
Tucker Act Jurisdiction
By: Michael A. Stover, Esq. In this Surety Today blog post we will discuss the topic of Tucker Act Jurisdiction. What is it and how do you get it? You can’t just up and sue the... Read More »
May 2, 2023
Surety Case Law Note: Sureties Do Not Owe Tort Duty of Good Faith In Indiana
By: Michael A. Stover, Esq. In this Surety Today Blog post we consider a Case Law Note addressing the issue of whether a surety is subject to a tort duty of good faith to the... Read More »
April 25, 2023
Surety Case Law Note: Non-Compliance with the A312 and Obligee Attempted Claim Against the Payment Bond
By: Michael A. Stover, Esq. In this Surety Today Blog post we consider a Case Law Note addressing the issues of an obligee failing to comply with the requirements of the A312 performance bond, and,... Read More »
April 18, 2023
Federal Enclave Law
April 11, 2023 By: Michael A. Stover, Esq. In this Surety Today blog post we will the discuss the topic of Federal Enclave law. What is it and why should a surety care? Federal Enclaves... Read More »
April 11, 2023
A Time When Limitations Has No Effect – The Recoupment Defense
April 4, 2023 By: Michael A. Stover, Esq. In this Surety Today blog post we discuss a situation where the statute of limitations has no effect. On occasion, a surety will become involved in a... Read More »
April 4, 2023
Surety Case Law Note: Declaration Of Default Must Be Clear – Obligee Whining And Complaining Is Not Enough
March 28, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we consider a Case Law Note addressing the issue of what is necessary to declare the principal in default. Spoiler alert: a... Read More »
March 28, 2023
Surety Case Law Note: Bad Faith Statute In Pennsylvania Does Not Apply to Sureties
March 21, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we consider a Case Law Note addressing the issue of whether a surety is subject to the Pennsylvania insurer bad faith... Read More »
March 21, 2023
Cardinal Change Doctrine – A Further Exploration
March 14, 2023 By: Michael A. Stover, Esq. In this Surety Today blog post we once again discuss the Cardinal Change doctrine. In the first blog post we focused on the doctrine generally. In this... Read More »
March 14, 2023
Cardinal Change Doctrine
March 7, 2023 By Michael A. Stover, Esq. In this Surety Today blog post we will explore the Cardinal Change doctrine. This will be the first of two blog posts on the subject. In this... Read More »
March 7, 2023
Surety Case Law Note: No You May Not See My Underwriting Files
February 28, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we consider a Case Law Note addressing the issue of whether the surety’s underwriting files are discoverable in an indemnity action. ... Read More »
February 28, 2023
The Automatic Stay
February 21, 2023 By Michael Stover, Esq. In 1982, British punk rock band The Clash, in their album Combat Rock had a song titled “Should I Stay Or Should I Go” with the chorus “Should... Read More »
February 21, 2023
Surety’s Subrogation Claims Against Design Professionals
February 14, 2023 By Michael Stover, Esq. In this Surety Today Blog post we will visit the issue of the surety’s subrogation claims against design professionals. Design professionals, such as architects and engineers, have extensive... Read More »
February 14, 2023
Liability On A Supersedeas Bond – A Further Exploration
February 7, 2023 By: Marc A. Campsen, Esq. This Surety Today Blog post is the second post dealing with Supersedeas Bonds. In the first post, we discussed supersedeas bonds in general. In this post, we... Read More »
February 7, 2023
The Surety and Interpleader
January 31, 2023 By: Marc A. Campsen, Esq. and Michael A. Stover, Esq. In this Surety Today Blog post we will discuss the Surety and Interpleader. From time to time a surety will be faced... Read More »
January 31, 2023
Surety Case Law Note – What is A Miller Act Bond
January 24, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we provide a Case Law Note to explore the old adage that things may not always be what they seem. Ancient... Read More »
January 24, 2023
Non-Dischargeability in Bankruptcy
January 17, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we will discuss Non-Dischargeability in Bankruptcy. But first, in order to understand “non-dischargeability,” you have to understand “dischargeability.” A fundamental goal... Read More »
January 17, 2023
A Primer on Bid Bonds
January 10, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we will discuss Bid Bonds. As everyone knows, bid bonds are part of the standard governmental procurement process. The RFP and... Read More »
January 10, 2023
The Surety and the Supremacy Clause
By: Michael A. Stover, Esq. In this Surety Today blog post we will discuss the topic of the surety and the Supremacy Clause and how the clause could provide a potential defense. Over the years, I... Read More »
January 3, 2023
Potential Situations in Which the Surety May Receive a Direct Preference
By Michael A. Stover, Esq. In prior Surety Today the Blog posts we have addressed the concept of preferences in bankruptcy. In this post we will look at some of the potential transfers that a surety... Read More »
December 27, 2022
The Surety v. The Internal Revenue Service (Round 2)
By: Michael A. Stover, Esq. In this Surety Today Blog post we will discuss the surety’s potential liability to the Internal Revenue Service (“IRS”) under the Internal Revenue Code. This is round II of the... Read More »
December 20, 2022
The Surety v. The Internal Revenue Service (Round I)
By: Michael A. Stover, Esq. In this Surety Today Blog post we will discuss the surety’s rights and obligations with respect to the Internal Revenue Service (“IRS”). There are several topics to discuss regarding sureties and... Read More »
December 13, 2022
Case Law Note – The Surety GIA Trust Fund Provision vs. The Bank
By: George J. Bachrach, Esq. In this Surety Today blog post, we provide a Case Law Note to explore the issue of the surety’s rights under the indemnity agreement trust fund provision versus the secured... Read More »
December 6, 2022
Surety Case Law Note: Surety Beats the Bank
By Michael A. Stover, Esq. In this Surety Today blog post we will provide a Case Law Note to consider the issue of the rights to certain contract funds that were deposited into the court... Read More »
November 29, 2022
Supersedeas Bonds In General
November 22, 2022 By Marc A. Campsen In this Surety Today Blog post we will discuss the Supersedeas Bond. The word “supersedeas” is Latin for “you shall desist,” and it refers to a stay of... Read More »
November 22, 2022
Defenses to a Preference Action
November 15, 2022 By George J. Bachrach, Esq and Michael A. Stover, Esq. In this Surety Today Blog post we will continue exploring the dreaded preference action in bankruptcy. In the first Blog post, we discussed preference... Read More »
November 15, 2022
Preferences Under the Bankruptcy Code – Generally
November 8, 2022 By George J. Bachrach, Esq and Michael A. Stover, Esq. In this Surety Today Blog post we will discuss bankruptcy preferences. Someone in the industry coined the phrase “zombie claims” in reference to preference... Read More »
November 8, 2022
Understanding Article Nine of the UCC – Security Interests
November 1, 2022 By Michael A. Stover, Esq. In this Surety Today Blog post we will discuss Article 9 of the Uniform Commercial Code (“UCC”). Article 9 covers security interests in all personal property whether... Read More »
November 1, 2022
Surety Case Law Note – The Common Obligee Theory
October 25, 2022 By Michael A. Stover, Esq. In this Surety Today Blog post we will provide a Case Law Note to consider the Common Obligee Theory. Under the Common Obligee Theory a surety who... Read More »
October 25, 2022
Enforceability of Attorney Fee Provisions in the Bond or Bonded Contract
October 18, 2022 By Thomas J. Moran Esq. In this Surety Today Blog post we will continue exploring the important issue of exposure to attorney’s fees. In prior posts we have focused on the “American... Read More »
October 18, 2022
Surety Case Law Note – Can the Surety Sue the Obligee for Breach of the Bond?
October 11, 2022 By Michael Stover In this Surety Today Blog post we will provide a Case Law Note to discuss two dueling Texas federal court decisions on what should be a relatively simple issue... Read More »
October 11, 2022
Out With The Old In With The New – Novation
October 4, 2022 By Michael Stover In this Surety Today Blog post we will consider the doctrine of novation. Many times over the course of my career I have run into the situation where the... Read More »
October 4, 2022
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
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.