News & Insights

Kerr Russell sponsors, attorneys Mark Cunningham and Broc Gullett presenting - 2018 Midwest Surety and Construction Claims Conference

June 1, 2018

Kerr Russell is sponsoring - alongside Vertex and Watt Tieder - the 2018 Midwest Surety & Construction Claims Conference, July 18th and 19th in Chicago. Kerr Russell attorneys Mark Cunningham and Broc Gullett will be among the presenters. Register for the conference here.

From the event description: "Please join us this year at the sixth annual Midwest Surety & Construction Claims Conference. We are excited to announce that this year the conference has grown to include a contractor-focused session. This conference brings contractor and surety clients the most current and relevant information on new and recurring issues impacting the construction and surety industry, particularly regarding claims. It is prepared and presented by Midwest-based in-house surety claims professionals, law firms and construction consultants dedicated to providing clients with developments affecting the construction and surety industries within the Midwest region."


  • Wednesday, July 18th (afternoon) - The Wednesday afternoon CLE accredited portion will be focused on contractor claims, specifically, “Construction Documentation: Successfully Managing Risk and Preserving Claims.”
  • Thursday, July 19th - An all-day surety session, which will provide a “Comprehensive Review of the Surety’s Defenses on Performance Bond Claims.” CLE and CE accredited presentations will cover topics including overpayment, substantial performance / completion, improper termination, failure to meet conditions precedent under the bond, defective design (Spearin Doctrine), obligee’s prior material breach, impossibility of performance, material alteration of the contract, and an accredited ethics course on negotiating. 
  • The conference will conclude with a company panel, sharing experiences asserting defenses and expectations of legal and engineering consultants. 

Mark M. Cunningham 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.

Broc Gullett maintains a general litigation practice, with experience in the areas of medical malpractice, auto no-fault, and complex business litigation.  He assists clients with various stages of litigation in state and federal court, including researching complex issues, drafting and responding to discovery requests, and arguing motions.


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.



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