Respected Across Florida In
CONSTRUCTION LAW & BUSINESS LITIGATION
Biography
F. Malcolm Cunningham, Jr., is a native of Palm Beach County, Florida. He received his BA degree from Fisk University in Nashville, Tennessee in 1977 and his JD degree from Howard University in Washington, D.C., in 1980, where he served as Associate Editor of the Howard Law Journal. Following his graduation from Howard University, Cunningham served as a law clerk to the Honorable Joseph W. Hatchett, Circuit Judge, United States Court of Appeals for the Fifth Circuit (1980-81). Admitted to practice law in Florida in 1980, Cunningham is an AV rated attorney. His practice is concentrated in business and construction litigation and he represents contractors, sureties, public owners, insurance companies and developers. Mr. Cunningham is recognized in the national legal community for professional achievement. Cunningham has served as a member of the governing committee of the ABA Forum on the Construction Industry. Additionally, he is a former Vice Chair of the ABA Tort and Insurance Practice Section's Fidelity and Surety Law Committee. Cunningham also served on the Council of the ABA Tort and Insurance Practice Section ("TIPS").
Mr. Cunningham has written for and lectured to trade associations and Bar groups including the Insurance Coverage Litigation Committee and the Fidelity and Surety Law Committee of TTIPS on issues related to construction. Cunningham is the author of numerous papers and articles including F. Malcolm Cunningham, Jr. & Amy L. Fischer, Insurance Coverage in Construction-The Unanswered Question, 33 Tort & Ins. L.J. 1063 (Summer 1998) and The Ethical Considerations of Representing a Principal and a Surety, reprinted as Chapter 13 of the Bond Default Manual, Second Edition.
Cunningham has been active in business and politics in West Palm Beach. Cunningham is the managing partner of The Cunningham Law Firm, P.A. Cunningham serves on the Hospice Foundation Board and is a member of the Economic Council of Palm Beach County, Florida and a former Chairman of the Palm Beach County Criminal Justice Commission. Cunningham also served on the board of the local district council for HRS.
Education
- Howard University School of Law, Washington, District of Columbia
- J.D. - 1980
- Fisk University, Nashville, Tennessee
- B.A. - 1977
- Major: Management and English
Bar Admissions
- Florida, 1980
- U.S. Court of Appeals 5th Circuit, 1980
- U.S. Court of Appeals 11th Circuit, 1981
- U.S. District Court Southern District of Florida, 1983
- U.S. District Court Middle District of Florida, 1983
Professional Associations
- American Bar Association, Member, 1984 to Present
- American Bar Association, Tort and Insurance Practice Section, Governing Committee Member, 1996 to Present
- American Bar Association, Fidelity and Surety Law Committee, Vice Chair, 1994 to Present
- American Bar Association, Chairman of the Professionalism Committee, 1994 to 1995
- Forum on the Construction Industry, Member of the Governing Committee, 1995 to 1998
- Forum on the Construction Industry, Chair, Bonds, Liens and Insurance Division, 1993 to 1995
- National Bar Association, Member, 1984 to Present
- Palm Beach County Bar Association, Chairman of the Construction Law Committee – July 2023 – June 2024
Published Works
- Co-author, "Show me the Money: Construction Damages--Who will Pay--Insurance Coverage Issues", Joint Program of American Bar Association Forum on the Construction Industry and the TIPS Fidelity and Surety Law Committee, January 29, 1998, San Francisco, California
- Author, "The Ethical Considerations of Representing a Principal and a Surety," Chapter 12, Bond Default Manual, American Bar Association TIPS Fidelity and Surety Law Committee, May 1995
- Author, "Florida Payment and Performance Bonds," Palm Beach County Bar Association Construction Law Committee, May 1995
- Bond Default Manual 2d Ed. Chapter 12, The Ethical Considerations of Representing a Principal and a Surety, Tort and Insurance Practice Section, ABA, 1995
- Insurance Coverage in Construction-The Unanswered Question, 33 Tort & Ins. L.J. 1063, Summer, 1998
Representative Cases
- School Board v Great American Ins., 807 So.2d 750 (Fla 4th DCA 2002)
- March v. DBPR Construction Industry Licensing Bd., 2022 WL 386051 (Fla. 4th DCA 2022)
- Dream Closet v Palm Beach Mall, 991 So2d 910 (Fla 4th DCA 2008)
- BAC Funding v Jean-Jacques, 28 So.3d 936 (Fla 2d DCA 2010)
- Cunningham v Adams, 808 F.2d 815 (11th Cir 1987)
Honors
- Florida Bar Journal News Editorial Board Excellence in Writing Award (Picking Cotton: Ordinary Business Records Doctrine as Applied to Insurer's Privilege Claims)
- Fellow of American Bar Foundation
- AV Rating, Martindale Hubbell
Classes & Seminars
- Speaker, "Show me the Money: Construction Damages--Who will Pay--Insurance Coverage Issues", Joint Program of American Bar Association Forum on the Construction Industry and the TIPS Fidelity and Surety Law Committee, January 29, 1998, San Francisco, California
- Speaker, "The Ethical Considerations of Representing a Principal and a Surety," Chapter 12, Bond Default Manual, American Bar Association TIPS Fidelity and Surety Law Committee, May 1995
- Speaker, "Florida Payment and Performance Bonds," Palm Beach County Bar Association Construction Law Committee, May 1995
- Construction Lien Law in Florida, Lorman, 2004 to 2011
- Fundamentals of Construction Documents, Lorman, 2007
- Public Works Construction Key Contract Provisions, Lorman, 2005
- CM/Design Build-Insurance Surety Considerations, Lorman, 2005
- Insurance Coverage in Construction, ABA Forum on Construction Industry, 1993
Representative Clients
- Municipal, County and other government agencies
- Construction injury claimants
- Contractors and design professionals
- Businesses
References
- Lorenzo Williams, Esquire
- Amy Fischer, Esquire
- Bettye King, Esquire
- Warren Dawson, Esquire
Past Positions
- Honorable Joseph W. Hatchett, Law Clerk
- United States Court of Appeals of the Fifth Circuit, Circuit Judge, 1980 to 1981
- United States Court of Appeals of the Eleventh Circuit, Chief Judge
- Carlton, Fields, Associate, 1981 to 1985
Fraternities or Sororities
- Omega Psi Phi
- Phi Delta Phi