Surety

Legal Services

Surety

Kerr Russell’s recognized strength in surety law is based on 50 years of experience with a broad range of bonds and issuers, as well as our deep background in construction and insurance law.

Moreover, the nature of our firm’s practice equips us to handle any surety matters that may arise in the context of banking, bankruptcy, workouts, construction, employment, secured transactions, environmental matters, securities, tax, workers’ compensation, commercial litigation, collections, and professional liability. Additionally, many members of our surety legal team are Certified Public Accountants as well as attorneys, with considerable depth of experience in corporate law and finance.

Our surety lawyers handle pre-default investigations and issues related to contractor defaults, validity of bonds, notices of default, scope of contract, overpayments, project completion, financing arrangements, indemnification, and subrogation and recovery. We are well-versed in matters arising under the federal Miller Act, as well as in all pertinent local and state laws governing public works for state departments of transportation and development.

We counsel and represent sureties in negotiations, mediations, and arbitrations, as well as in local, state and federal courts, including bankruptcy court. When guaranteed transactions fail, our attorneys strive to achieve resolution using alternative dispute resolution (“ADR”) techniques, rather than pursue expensive and time-consuming litigation.  Our litigation experience is extensive, and should litigation become necessary or advisable, we are well prepared to defend our clients’ interests in court, and to assist them at all stages of the litigation and appeals process in order to maximize recoveries.

The variety of bonds we handle on behalf of issuers of contract, commercial and financial institution surety bonds includes:

  • Appeals bonds
  • Auto dealer policies
  • Construction bid, performance and payment bonds
  • Custodian bonds
  • Custom bonds
  • License and permit bonds
  • Lost instrument bonds
  • Mechanics’ lien discharge bonds
  • Probate bonds
  • State, municipal and other public entity bonds
  • Subdivision bonds
  • Warehouse bonds
  • Worker’s compensation bonds
  • Indemnity agreements
  • Public officials bonds
  • Reclamation bonds
+Practicing Attorneys & Staff

Attorneys

Michael D. Carroll
Michael D. Carroll

Member

Jacquelyn A. Klima
Jacquelyn A. Klima

Member

Mark M. Cunningham
Mark M. Cunningham

Of Counsel

+Related Insights

January 26, 2018

Download Kerr Russell's updated firm brochure and overview of services

Kerr Russell is 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. We know Michigan business like the back of our hands.

January 15, 2018

Honoring the legacy of Reverend Martin Luther King, Jr.

On Martin Luther King, Jr. Day and every day, we at Kerr Russell honor Reverend King’s leadership and his legacy as well as the critical importance of diversity and opportunity in this great land of ours. Strength comes from difference; a multiplicity of voices brings positive change; understanding and inclusion inspire creativity and innovation.
+Related News

August 12, 2022

Kerr Russell Attorneys Named 2022 Michigan Super Lawyers and Rising Stars

Eleven Kerr Russell members have been included among the 2022 Michigan Super Lawyers.

September 18, 2020

Kerr Russell Attorneys Named 2020 Michigan Super Lawyers and Rising Stars

Super Lawyers named 11 Kerr Russell members to the list of 2020 Michigan Super Lawyers and included four Kerr Russell attorneys on the list of 2020 Michigan Rising Stars.

July 14, 2020

15 Lawyers From Kerr Russell Recognized as Leading Lawyers 2020

A total of 15 lawyers from Kerr Russell are named to the 2020 list of Leading Lawyers in Michigan. Only those lawyers who are most often recommended qualify for this honor.

March 17, 2020

Coronavirus/COVID-19 Business Continuity:  A Message to Our Community, Clients and Friends

Kerr Russell is committed to its community, clients and people. As the world navigates through the impact of COVID-19 (coronavirus), we want to assure you that Kerr Russell is committed to supporting our community, clients and people as effectively as we have through every other crisis our Nation has encountered over our firm’s nearly 150-year history. Our firm is fully operational: We have made sure that our lawyers and staff are able to safely and effectively serve our clients’ needs and continue operations on an uninterrupted basis. Most of our people

September 3, 2019

15 Kerr Russell Attorneys Recognized on the 2019 Michigan Super Lawyers List

A total of 15 lawyers from Kerr Russell are named as Thomson Reuters, 2019 Michigan Super Lawyers. The award is given annually to attorneys who have attained a high degree of peer recognition and professional achievement.

July 16, 2019

Two Kerr Russell Attorneys Presenting at the Seventh Annual Midwest Surety & Construction Claims Conference

Kerr Russell attorneys Jacquelyn Klima and Broc Gullett are presenting at the Midwest Surety & Construction Claims Conference in Chicago July 18-19, 2019.

September 20, 2018

Kerr Russell recognizes our 2018 dbusiness Top Lawyers in Metro Detroit honorees

Kerr Russell recognizes this year’s dbusiness Top Lawyers in Metro Detroit honorees - 21 attorneys, many for multiple practice areas.

September 7, 2018

15 Kerr Russell attorneys recognized as 2018 Super Lawyers

Congratulations to the following attorneys who have been designated "Super Lawyers" by Thomson Reuters:

September 5, 2018

Daniel Ferris serves as editor of "Damages and Remedies in Michigan" (4th edition) for Institute of Continuing Legal Education

Kudos to Kerr Russell member Daniel Ferris who served as editor of the recently published Damages and Remedies in Michigan, a leading litigation treatise published by the Institute of Continuing Legal Education. Fellow editors included Barbara A. Patek, Mark Granzotto, and David H. Freedman. You can order the publication here- from the website:

September 5, 2018

Daniel Ferris serves as editor of "Damages and Remedies in Michigan" (4th edition) for Institute of Continuing Legal Education

Kudos to Kerr Russell member Daniel Ferris who served as editor of the recently published Damages and Remedies in Michigan, a leading litigation treatise published by the Institute of Continuing Legal Education. Fellow editors included Barbara A. Patek, Mark Granzotto, and David H. Freedman.

August 24, 2018

Kerr Russell member Mike Carroll (construction) ... one of Detroit's Real Men (who) Wear Pink

We are certainly proud of Kerr Russell member Mike Carroll (construction) who has been chosen as one of the American Cancer Society’s “Real Men (who) Wear Pink.” The kickoff event was held at The Westin Book Cadillac Detroit on August 23, and, while Mike had a conflict, his “campaign manager” Roy Sexton represented. You can show your support here.

February 15, 2018

Jason Bank, new member of Detroit Athletic Club

Congratulations to Kerr Russell member Jason Bank (bankruptcy, restructuring) on becoming a member of the Detroit Athletic Club. Other Kerr Russell partners who belong to the DAC include Mark Cunningham, Dan Schulte, and Kurt Vilders. Associate Stephen Reaume is also a member.

February 9, 2018

Kerr Russell supports "Life is a Cabaret" American Cancer Society Relay for Life event

On February 7, Kerr Russell turned out in force to support Life is a Cabaret: LIVE Musical Fundraiser for Relay For Life of Canton and Plymouth, MI. Director of Marketing Roy Sexton performed a number of songs during the show and served as a co-emcee alongside Christopher Tremblay, Ed.D.. Kerr Russell attendees (pictured) included Angie Lyons-Hincks, Candice Hadley, Brandy Mathie, Ashley Racette, Sue Smith, Cindy Villeneuve, Jan Clarey, Jeffrey May, Kathleen Westfall, Gail Showler, Laura Evans Jones, Karen Schumer, Debra Behrmann, Heather Kalfayan, Kristina Kalfayan, Kelly Hinojosa, Jackie Klima, Susan Willis, and their friends and family.

January 3, 2018

Kerr Russell highlighted in Best Lawyers - Business, Winter 2017 issue

Look for Kerr Russell attorneys and advertising (pages 92-95) in the Best Lawyers - Business, Winter 2017 issue. Earlier in 2017, a number of Kerr Russell's attorneys and practice areas were honored with U.S. News and World Report Best Lawyers recognition.

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

One of our traditions here at Kerr Russell is to hold a holiday raffle to benefit three local charities as well as to conduct a toy drive for local children. This year's raffle (many of the beautiful and festive prizes picture here) raised a record total of $3,450 which will be divided equally among three organizations: Capuchin Soup Kitchen, Wigs 4 Kids of Michigan, Inc., and Ronald McDonald House Charities of Ann Arbor.

November 30, 2017

Merry and bright ... Kerr Russell welcomes the holiday season

It's a time to celebrate, reflect and remember. However you mark the holidays, we hope your days are filled with warmth and thankfulness, good times, and endless cheer. As another year draws to a close, we at Kerr Russell are grateful to you. You give purpose to our work and add meaning to our relationships. Your trust is a cherished gift. Enjoy these images as we get our offices ready to celebrate the holiday season. Design by Mandy Lark of Lark Interior Design.

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..."

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.

November 16, 2017

Culture of Connection - new Kerr Russell ad to appear in Michigan Lawyers Weekly and dbusiness

Kerr Russell introduces the second ad in the new "Est. in Detroit 1874" series: "A culture of connection." The piece emphasizes the firm's 143-year presence in Detroit as part of the larger business and legal community. "We are relationship focused. We know our people and our clients are the lifeblood of our firm."

November 3, 2017

Kerr Russell launches new advertising in upcoming issues of dbusiness and Crain's Detroit

With this month's issue of dbusiness, focused on Top Lawyers in Metro Detroit, Kerr Russell launches its new brand advertising with "A Track Record of Results." Working with Identity Public Relations and Marketing, Kerr Russell's marketing team developed the creative to emphasize the firm's longstanding place in Detroit's legal and business history.

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

U.S. News & World Report and Best Lawyers, for the eighth consecutive year, announce the "Best Law Firms" rankings.

October 16, 2017

Kerr Russell supports Detroit Athletic Club (October 2017 DAC News)

From the October 2017 DAC News ... 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.

September 12, 2017

16 Kerr Russell attorneys recognized as 2017 Super Lawyers

Congratulations to the following attorneys who have been designated "Super Lawyers" by Thomson Reuters.

August 24, 2017

Jim Case and Mike Carroll featured in Associated General Contractors of America's Constructor Magazine

Michael Carroll and James Case are featured in the latest issue of “Constructor Magazine” - www.constructormagazine.com - from Associated General ...Contractors of America - www.agc.org

November 1, 2016

Kerr Russell Attorneys Named 2016 Super Lawyers

Kerr Russell attorneys have been named SuperLawyers for 2016, two have been named to the Michigan Top 100 and four have been named as Rising Stars.