Respected Across Florida In

Focused Experience In Surety Agreements And Litigation

In private construction, deals fall through and projects get abandoned or delayed. When taxpayer money is involved, public policy requires some guarantee that construction projects will be completed. The obligation is typically backed up by surety bonds — the insurer or surety company assumes responsibility for holding the original contractors accountable or finding and funding a replacement contractor to fulfill the work.

Even with surety bonds, disputes arise over who is responsible for payment, especially with respect to change orders, cost overruns, construction defect claims and other deviations from the construction contract and bidded amount. Cunningham Law Firm is a recognized leader across Florida in surety and fidelity law, including high-stakes surety litigation in public works projects and other surety-backed construction and development. We have counseled and represented all parties in the triumvirate: (a) public entities and property owners, (b) builders and design firms and (b) sureties and insurance companies.

Leaders In Florida Surety Law

Our partners have more than 70 years of combined experience in construction law and development, including impressive credentials in the niche arena of surety and fidelity law. Malcolm Cunningham is a former chair of the Bonds, Liens and Insurance Division and vice chair of the Fidelity and Surety Law Committee of the American Bar Association. He authored a chapter of the ABA’s Bond Default Manual which is still regularly cited by other attorneys, and has written and lectured on surety law. Amy Fischer also practices extensively in construction and surety law and has authored works on insurance coverage in construction cited by the ABA’s Insurance and Torts Section.

We can capably address drafting and negotiation of surety agreements and disputes arising from surety claims:

  • Surety bonds for public works projects
  • Payment and performance bonds for private projects
  • Construction insurance against design defects and construction accidents
  • Surety litigation on behalf of owners, contractors or insurers/sureties

Frequently there is a conflict of interest when the surety is sued along with the contractor. In addition to representing municipalities and owners in filing surety bond claims, we sometimes represent the surety who is charged with not paying. We have the nuanced understanding of the applicable statutes and case law to protect our client’s interests.

Learn More About Our Surety Law Experience

Cunningham Law Firm is a recognized leader in this field. We also take pride in providing attentive service to every client. Please call all our West Palm Beach office at 561-532-4626 to arrange a consultation or contact us by email.