News & Insights

Jacquelyn Klima and Mark Cunningham present “Payment Bond: Beyond Labor and Material – Prompt Pay Act Liability, Interest, Service Charges, Time-Price Differential, and ‘Other’ Damages; and When is the Surety’s Consent Required..."

November 27, 2017

Jacquelyn Klima and Mark Cunningham presented “The Payment Bond: Beyond Labor and Material – Prompt Pay Act Liability, Interest, Service Charges, Time-Price Differential, and ‘Other’ Damages; and When is the Surety’s Consent Required for Additions to the Bonded Contract Obligations” at the Midwest Surety & Construction Claims Conference (July 2017) in Chicago, Illinois.

From the event description: "The Midwest Surety and Construction Claims Association Conference brings surety clients the most current and relevant information on new and recurring issues impacting the surety industry, particularly with regard to claims. It is presented by the Midwest Surety and Construction Claims Association (MSCCA), an organization formed by Midwest-based in-house surety claims professionals, law firms and construction consultants dedicated to providing clients with construction developments affecting the region." 

Jacquelyn’s practice focuses on commercial litigation and appeals. She is experienced in the analysis of claims against performance bonds, payment bonds, and other commercial bond forms; pursuit of exoneration and indemnification from bond principals and indemnitors; recovery of contract balances; and all aspects of litigation from the receipt of a claim through the appeals process.

Jacquelyn also handles general contract disputes, construction litigation, professional liability defense, and defense of title insurance carriers. She is fluent in Spanish.

Mark has nearly 30 years of experience in the areas of commercial, construction, surety and fidelity litigation and representation. 

In his commercial practice, Mark has represented corporations, partnerships and limited liability companies, as well as individual shareholders, members and partners in a wide range of matters including shareholder and member disputes and their resolution.

Mark has provided ongoing representation over the course of years for numerous contractors, subcontractors, owners and design professionals in a wide range of business matters, including formation of business entities, defense and prosecution of claims relating to damages for delay, interference or extra work in connection with construction projects, and construction lien enforcement and foreclosure actions.

In his surety practice, Mark has handled large and small defaults, litigation and claims against performance bonds, payment bonds, probate bonds and other commercial bond forms.  His work has included the preparation of documentation and participation in performance takeovers, tenders and subcontract ratifications in connection with defaulted projects, as well as substantial work in the bankruptcy forum.

Mark also maintains a fidelity practice, and collaborates with attorneys in the firm’s corporate, tax and business practice sections, which include in their ranks several attorneys who are also Certified Public Accountants.

Mark has presented papers, articles and speeches at numerous seminars and events in Michigan and at the annual American Bar Association Surety and Forum on the Construction Industry meetings in New York City. 

Ranked among The Best Lawyers in America®, by Woodward/White, Inc., Mark was also named a “Michigan Super Lawyer” by Thomson Reuters.


About Kerr Russell ...

We are proud of Detroit. We are proud to have had a seat at the table here since 1874.

Our exceptional attorneys understand the unique challenges facing business leaders. Our legal solutions are prompt, accurate, economical, and focused around your needs in every area, including business law, labor and employment, immigration, mergers and acquisitions, real estate and construction, healthcare, medical practices, tax, contract negotiation, restructuring, automotive, manufacturing, and commercial litigation.

Whereas many lawyers merely interpret the law, our attorneys help to make it. We have been involved in some of the most significant legal developments in state business and health care law, and our trial lawyers have been involved in many notable commercial cases in Michigan and other jurisdictions.

In business and legal circles, we are respected for our high standards, quality work, and professional ethics and integrity.

For over 140 years, Detroit has been our home. Detroit will always be our home.

 

CONTACT INFO:

Detroit Center

500 Woodward Ave., Suite 2500,

Detroit MI 48226

Phone: 313.961.0200

Fax: 313.961.0388

Website: www.kerr-russell.com

 

Columbia Center

201 West Big Beaver Road, Suite 260, Troy, MI 48084

Phone: 248.740.9820

Fax: 248.740.9840

Website: www.kerr-russell.com

 

7/F, Oriental Financial Centre

333 Lu Jia Zui Ring Road, Pudong District, Shanghai 200120, China

Phone: +86.21.20501851

Fax: +86.21.20501877

Website: www.kerr-russell.com.cn

Main Office - Detroit T 313.961.0200
Troy T 248.740.9820
China T +86 21 20501851