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The Surety and Arbitration
September 26, 2023 By: Michael A. Stover, Esq. In this Surety Today blog post we will continue with the theme of the last two blog posts and focus on arbitration. ARBITRATION OVERVIEW Arbitration is a... Read More »
September 26, 2023
Surety Case Law Note: Whether an Arbitration Provision Bound the Surety Under Texas Law
September 19, 2023 By: Michael A. Stover, Esq. In this Surety Today blog post we will provide a Case Law Note to consider the issue of whether an arbitration provision in the underlying contract was... Read More »
September 19, 2023
Surety Case Law Note: When is an Arbitration Provision Unconscionable and Unenforceable Under California Law?
September 12, 2023 By: Michael A. Stover, Esq. In this Surety Today blog post we will provide a Case Law Note to consider the issue of whether an arbitration provision of a contract is unconscionable... Read More »
September 12, 2023
Statutes of Repose (Part Two)
September 5, 2023 By: Michael A. Stover, Esq. In the last Surety Today Blog post, we discussed Statutes of Repose. We explored what they are, their history, the differences between statutes of limitation and Statutes... Read More »
September 5, 2023
Statutes of Repose
August 29, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we will discuss Statutes of Repose. We will explore what they are, their history, and the differences between statutes of limitation... Read More »
August 29, 2023
The Common Obligee Theory (Part Two)
August 22, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we provide part two in our two-part series on the Common Obligee Theory. In the first post, we discussed what the... Read More »
August 22, 2023
Stay Tuned on the Issue of Broad Plan Release and Injunction Provisions in Bankruptcy
August 15, 2023 By: Michael A. Stover, Esq. In a prior post in this blog we discussed the issue of whether a broad release and injunction provision in a chapter 11 debtor’s plan of reorganization... Read More »
August 15, 2023
The Surety and Unions
August 8, 2023 By: Michael A. Stover, Esq. In this Surety Today blog post we will explore the Surety and Unions. In many circumstances the surety will provide bonds for a principal that employees various... Read More »
August 8, 2023
When a Surety’s Damages Might Exceed the Value of their Bond: When is a Surety Liable for the Tort of Bad Faith?
August 1, 2023 By: Connor S. Bleakley Nearly every contract made in the United States subjects the parties to a duty of good faith and fair dealing to one another. Even where there is no... Read More »
August 1, 2023
The Common Obligee Theory
July 25, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we begin a two-part series on the Common Obligee Theory. In this first post we discuss what the theory is and... Read More »
July 25, 2023
What Does the Supreme Court’s Latest FCA Decision Portend for Future Cases Involving the Construction Industry?
July 18, 2023 What Does the Supreme Court’s Latest FCA Decision Portend for Future Cases involving the Construction Industry? By: Cynthia Rodgers-Waire Earlier this month, the Supreme Court issued a significant and highly-anticipated decision in... Read More »
July 18, 2023
Be Wary of Artificial Intelligence
July 11, 2023 By: Michael A. Stover, Esq. First, a disclaimer, I am no expert on the subject of artificial intelligence, I am only reporting the facts. As there seems to be a general euphoria... Read More »
July 11, 2023
Trust Funds and Property of the Debtor’s Estate in Bankruptcy
June 27, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we continue with our third post of a multi-part series on the surety and trust funds. In the first post we... Read More »
June 27, 2023
The Surety and Trust Funds: Forms of Trusts
June 20, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we continue with our second post of a multi-part series on the surety and trust funds. In the first post, we... Read More »
June 20, 2023
The Surety and Trust Funds: Understanding Trusts
June 13, 2023 By: Michael A. Stover, Esq. In this Surety Today Blog post we begin a multi-part series on the surety and trust funds. One of the tools that every surety claims handler needs... Read More »
June 13, 2023
Payment Bond Claims for Costs Arising After Principal’s Termination
June 6, 2023 By: Cynthia Rodgers-Waire, Esq. When a principal is default terminated from a bonded contract, its surety is understandably most concerned about the potential performance bond exposure. While this focus is appropriate, it... Read More »
June 6, 2023
Surety Case Law Note: Indemnitor Defenses Review
May 30, 2023 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... Read More »
May 30, 2023
Analyzing Limitations
May 23, 2023 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... Read More »
May 23, 2023
Surety Case Law Note: Miller Act Labor, Limitations and Estoppel
May 16, 2023 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... Read More »
May 16, 2023
Notice To The Government For Tucker Act Jurisdiction
May 9, 2023 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... Read More »
May 9, 2023
Tucker Act Jurisdiction
May 2, 2023 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... Read More »
May 2, 2023
Surety Case Law Note: Sureties Do Not Owe Tort Duty of Good Faith In Indiana
April 25, 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 a tort duty of good... Read More »
April 25, 2023
Surety Case Law Note: Non-Compliance with the A312 and Obligee Attempted Claim Against the Payment Bond
April 18, 2023 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... 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
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.