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® for more than five years, Mark has also been named a “Michigan Super Lawyer” by Thomson Reuters for 14 years.
- State Bar of Michigan
- American Bar Association, Fidelity and Surety Law Committee
- National Bond Claims Association
- Chicago Surety Association
- Pearlman Surety Association
- Detroit Area Construction Association
- Washtenaw Contractors Association
Bar and Court Admissions
- United States District Court for the Eastern District of Michigan
- United States District Court for the Western District of Michigan
- United States Court of Appeals for the Sixth Circuit
- Valparaiso University Law School, J.D.
- Valparaiso University, B.A.
Insights & News
August 19, 2021
November 16, 2020
September 18, 2020
August 20, 2020
July 14, 2020
March 17, 2020
November 15, 2019
September 3, 2019
August 15, 2019
September 7, 2018
August 15, 2018
February 15, 2018
January 26, 2018
January 3, 2018
December 18, 2017
Kerr Russell team makes holiday donations to Capuchin Soup Kitchen, Wigs 4 Kids, Ronald McDonald House Charities of Ann Arbor, and Children's Hospital of Michigan
November 30, 2017
November 27, 2017
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 16, 2017
November 3, 2017
November 1, 2017
Kerr Russell ranked in the 2018 U.S. News - Best Lawyers® "Best Law Firms" list nationally in 1 practice area and regionally in 17 practice areas
October 16, 2017
September 12, 2017
August 21, 2017
August 10, 2017
November 1, 2016