Recent post
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
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.