Mark M. Cunningham

Mark M. Cunningham is a Member of Kerr, Russell and Weber, PLC and specializes in commercial, construction, surety and fidelity litigation and representation.

In the commercial field, Mr. Cunningham 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.

Mr. Cunningham’s commercial and surety work has been enhanced by his longtime representation of a number of contractors, subcontractors, owners and design professionals in a wide range of business matters ranging from formation of business entities to the defense and prosecution of claims relating to damages for delay, interference or extra work in connection with construction projects, as well as construction lien enforcement and foreclosure actions.

In the surety area, Mr. Cunningham 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.  The work in this area has also included substantial work in the bankruptcy forum.

Mr. Cunningham’s work in the surety field also includes work in the fidelity area.  His experience in the surety field is bolstered by the firm’s substantial, experienced corporate, tax and business practice section which counts among its ranks numerous attorneys who are also certified public accountants.

Mr. Cunningham 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.  He is active in the National Bond Claims Association, ABA Fidelity and Surety Law Committee, Chicago Surety Association and State Bar of Michigan.  He was the contributing author for the Michigan Chapter of the American Bar Association’s Payment Bond Manual. 

Mr. Cunningham received both his Bachelor degree and his law degree from Valparaiso University.