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  • Getting Ahead of the Wave of Claims: Understanding Dispute Resolution Options

    Contains 3 Component(s) Recorded On: 07/27/2010

    This program focuses on how mediation and arbitration, which are common in most construction industry contract documents, can be used to help resolve disputes on a project.

    This program focuses on how mediation and arbitration, which are common in most construction industry contract documents, can be used to help resolve disputes on a project. The presenters will discuss the mediation and arbitration process, its use in maintaining privacy and preserving business relationships and the surety’s role.

    Deborah S. Griffin

    Senior Counsel, Litigation Group, Holland & Knight LLP.

    Deborah S. Griffin is senior counsel in the litigation group of the law firm of Holland & Knight LLP. Her practice concentrates in the areas of construction, surety bond law, bankruptcy, and commercial, banking and insurance litigation. She advises contractors, owners, and sureties and handles construction disputes from start to finish. She writes and presents on construction, bankruptcy, surety and litigation issues. Ms. Griffin has chaired the ABA’s Forum on the Construction Industry and served as Vice-Chair of the ABA’s Fidelity and Surety Law Committee of the Tort and Insurance Practice Section where she served as liaison between the ABA Forum on the Construction Industry and the National Association of Women in Construction (NAWIC). 

    H. Bruce Shreves

    Managing Partner, Simon, Peragine, Smith & Redfearn, LLP

    H. Bruce Shreves, is managing partner and heads the construction/surety practice group in the law firm of Simon, Peragine, Smith & Redfearn, LLP. He handles dispute resolutions in the construction, insurance and surety industry, specializing in complex construction cases. Mr. Shreves is a frequent presenter on construction and surety law issues for the American Bar Association (ABA) and other national programs. He currently serves as Chair of the Louisiana State Bar Section on Fidelity, Surety and Construction law and serves on the American Bar Association, Forum Committee on the Construction Industry. He has authored many publications and is a contributing author to the Law of Suretyship. He is a member of the American College of Construction Lawyers. 

    Michael A. Marra

    Vice President, Construction Division, the American Arbitration Association (AAA)

    Michael A. Marra will moderate the Seminar. He is Vice President, Construction Division, the American Arbitration Association (AAA). He is responsible for expanding the use of AAA construction ADR services in the Mid-Atlantic States. He also has responsibility nationally for developing the AAA’s construction caseload and works closely with construction industry associations through the AAA’s National Construction Dispute Resolution Committee (NCDRC). In this capacity, Mr. Marra assists the corporate, legal and public sector communities in educating them on the various construction industry dispute avoidance and resolution techniques and in designing dispute resolution systems to meet their specific needs. Mr. Marra is a frequent presenter on the subject of Alternative Dispute Resolution. 

  • Bonding Reservation Projects and Tribal and Indian-Owned Construction Firms

    Contains 3 Component(s) Recorded On: 07/13/2010

    This presentation discusses the challenges associated with bonding projects on the reservation and bonding reservation entities. In this rapidly expanding area, opportunities exist for the knowledgeable producer to put together a program that can be successful for bonding tribal projects and tribal and/or the Indian-owned principals.

    This presentation discusses the challenges associated with bonding projects on the reservation and bonding reservation entities. In this rapidly expanding area, opportunities exist for the knowledgeable producer to put together a program that can be successful for bonding tribal projects and tribal and/or the Indian-owned principals.

    Edward Rubacha

    Partner, Jennings, Haug & Cunningham, LLP

    Edward Rubacha, a partner with Jennings, Haug & Cunningham, LLP in the Construction and Surety Section, has been active in tribal construction for over nineteen years. He represents contractors and sureties dealing with tribes and tribal entities on reservation projects. He is admitted to practice in the state and federal courts of Arizona, California, Colorado, including the United States Supreme Court, and a number of tribal courts as well. Mr. Rubacha frequently speaks about contracting and bonding on Indian reservations. He is author of “Reservations About the Reservation: Concerns When Dealing With Native American Tribes and Tribal Entities,” “Construction Contracts with Indian Tribes or on Tribal Lands,” The Construction Lawyer, Winter 2006, and “Successful Bonding of Reservation Projects and Tribal Entities,” Pearlman Association 2007.

    Michael D. Williams

    President, CCI Surety, Inc.

    Michael D. Williams is President of CCI Surety, Inc. (CCI), a managing general underwriting company (MGU) with significant levels of underwriting authority for several corporate surety companies, with the ability to underwrite nationwide and utilizing many different tools to approve hard-to-place, non-standard, challenged contractor accounts that include U.S. SBA Surety Bond Guarantee Program, collateral, funds control, bond backs, and third party indemnity. He is also President of North American Construction Services, Inc. (NACS), a nationwide surety and non-surety funds control/escrow company incorporated in 1991. Earlier in his career he was with The Aetna Casualty & Surety Company 1982-1989, Amwest Surety Insurance Company 1989-1991, and MGU-The Fairfield Company 1991-1998.

  • What Surety Professionals Need to Know About the New AIA Bond Forms

    Contains 3 Component(s) Recorded On: 06/29/2010

    In June 2010 the American Institute of Architects publically releases its updated standardized bond forms: A310 Bid Bond and A312 Performance Bond and Payment Bond.

    In June 2010 the American Institute of Architects publically releases its updated standardized bond forms: A310 Bid Bond and A312 Performance Bond and Payment Bond. This is the first update since 1970 and 1984 respectively. Learn from those who engaged in the revision process as they explain the specific updates to the forms and the significance to owners, contractors, subcontractors, and surety professionals.

    Michael B. Bomba

    Associate Counsel, AIA

    Michael B. Bomba is an Associate Counsel on the AIA Contract Documents team at the American Institute of Architects, Washington, DC where he works actively in the creation and revision of AIA Contract Documents and provides assistance to users of AIA documents. Prior to joining the AIA, Mr. Bomba worked at a private law firm in Washington, DC, representing design professionals in corporate and litigation matters. He is a member of the bar in both the State of Maryland and the District of Columbia. 

    Edward G. Gallagher

    General Counsel, The Surety & Fidelity Association of America

    Edward G. Gallagher is General Counsel of The Surety & Fidelity Association of America and a past chair of the Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section of the American Bar Association. He is a frequent speaker on topics related to fidelity and surety bonds. 

    Mark H. McCallum

    Chief Executive Officer, National Association of Surety Bond Producers (NASBP)

    Mark McCallum serves as the Chief Executive Officer of the National Association of Surety Bond Producers. Before assuming his role as Chief Executive Officer, Mark served as NASBP’s General Counsel & Director of Government Relations, directing its government relations, industry relations, legal, and other functions.

    Mark was named one of Engineering News Record’s Top 25 Newsmakers of 2015 for his legislative advocacy efforts, including testifying before Congress, to reform federal rules regarding the treatment of bond assets pledged by individual sureties on federal construction contracts.

    Prior to coming to NASBP, Mark was Senior Counsel & Executive Director of Programs and Industry Relations with the Associated General Contractors of America (AGC), headquartered in Arlington, Virginia.  Among his responsibilities at AGC were directing the AGC Contract Documents Program, providing analysis and assistance on regulatory and legislative matters impacting construction contracting and contractor liability, and overseeing and advancing industry liaison relationships.

    Mark also served in the General Counsel’s Office of the American Institute of Architects as Associate Counsel, Contract Documents, where, among other professional responsibilities, he was involved in the revision and development of many AIA standardized forms and in addressing liability issues impacting design professionals. Mark is a member of the American Society of Association Executives, the Construction Law Section of the Virginia State Bar, and the Public Contract Law Section and the Construction Industry Forum of the American Bar Association.

  • The Federal False Claims Act

    Contains 3 Component(s) Recorded On: 06/08/2010

    The Fraud Enforcement and Recovery Act of May 2009 includes the most significant amendments to the False Claims Act (FCA) since 1986.

    The Fraud Enforcement and Recovery Act of May 2009 includes the most significant amendments to the False Claims Act (FCA) since 1986. We outline the key elements of these changes and includes discussion of the basics of liability, the damages and penalties for FCA violations; a review of recent cases expanding the scope of potential liability; and the gain in popularity of FCA whistleblower lawsuits and their repercussions.

    Heather A. James

    Counsel, Whiteford, Taylor & Preston

    Heather A. James is Counsel at Whiteford, Taylor & Preston and head of the firm’s Government Contracts and BRAC practice groups. In her practice, Ms. James has represented clients in a wide range of procurement issues in numerous forums. Ms. James also provides a full range of government contracts advice and representation to companies in a variety of industries. She counsels clients on proposal submissions and certifications, 8(a) and other economic disadvantaged business issues, contract formation, administration and termination issues, data rights and intellectual property matters, organizational conflicts of interest, and GSA schedule issues. Prior to entering private practice, Ms. James was a Senior Compliance Officer with the Department of Labor Office of Federal Contract Compliance Programs.

  • Gap Financing: An Underwriter's Perspective

    Contains 3 Component(s) Recorded On: 05/25/2010

    This presentation focuses on the recent trend of DOTs to procure work (build or design build) with a delayed payment schedule, its risks and what the Producer will need to know when faced with a request for a bond on a gap finance project.

    This presentation focuses on the recent trend of DOTs to procure work (build or design build) with a delayed payment schedule, its risks and what the Producer will need to know when faced with a request for a bond on a gap finance project.

    Bob Raney

    Chief Underwriting Officer, Travelers Bond & Financial Products

    This presentation focuses on the recent trend of DOTs to procure work (build or design build) with a delayed payment schedule, its risks and what the Producer will need to know when faced with a request for a bond on a gap finance project.

    Catherine Squillace

    Second Vice President, Travelers Bond and Financial Products

    Catherine Squillace, Esq. is Second Vice President for the Travelers Bond and Financial Products Commercial Surety Claim organization. Prior to this, she was Regional Claim Officer of National Accounts. She joined Travelers in 1997. She graduated cum laude from the State University of New York at Albany and received her J.D. from St. John’s University School of law in 1988. She is a frequent speaker on construction and surety topics and has authored numerous articles applicable to the surety industry.

  • Succession Planning: A Priority for Your Agency and for your Clients too!

    Contains 3 Component(s) Recorded On: 05/04/2010

    This presentation addresses: how to determine the specific qualities and abilities that the ownership would like to have in the next CEO.

    This presentation addresses: how to determine the specific qualities and abilities that the ownership would like to have in the next CEO; analyzing a combination of objective and subjective assessments of the existing pool of candidates to determine how they measure up against that desired standard, creating individual professional development plans for each member of the leadership team, crafting the actual succession plan and providing some market benchmarks for executive compensation and evaluation.

    J. Keith Hughey

    Management Consultant

    J. Keith Hughey is a management consultant with over thirty-five years of consulting and managerial experience. He facilitates corporate planning retreats, consults on organizational health (human systems), corporate governance, succession planning, change management, productivity, and performance improvement. He is a noted speaker and the author of the widely read e-letter, Monday Morning Musings. Mr. Hughey is a member of the faculty at the Southwestern Graduate School of Banking at SMU where he teaches strategic management, planning, and leadership. He attended the University of Houston where he received a B.B.A in accounting (with Honors) and completed additional post graduate studies in finance and economics. 

  • Creating and Sustaining a Sales Culture that Promotes Your Brand and Your Business Objectives

    Contains 3 Component(s) Recorded On: 04/13/2010

    In this seminar we identify how top bond producers create success in today’s marketplace by examining the three key functions that separate stellar performers from the rest.

    In this seminar we identify how top bond producers create success in today’s marketplace by examining the three key functions that separate stellar performers from the rest.

    Jonathan Dick

    Corporate Presenter, Consultant, and Strategist

    Jonathan Dick is a presenter, consultant, and strategist specializing in issues of corporate identity and resulting applications for sales force development, long-term cultural change and sustenance, staff development, and change management. He is the lead architect and faculty member of the NASBP Sales Workshop for Surety Bond Professionals. Since 2002 Mr. Dick has worked almost exclusively with private companies undergoing long-term market and generational change to help them compete more effectively and develop new market competencies that relate to their core identity. He integrates individual giftedness and corporate identity to build new sales cultures that are sustainable and profitable. 

  • Federal Contracting Opportunities: Small Business is Big Business

    Contains 3 Component(s) Recorded On: 03/23/2010

    We discuss the issues to be considered by anyone pursing a federal contract, including: legal issues, use of Design-Build, teaming agreements, mentor-protégé agreements, bonding assistance and indemnification agreements, disclosure and reporting requirements.

    We discuss the issues to be considered by anyone pursing a federal contract, including: legal issues, use of Design-Build, teaming agreements, mentor-protégé agreements, bonding assistance and indemnification agreements, disclosure and reporting requirements.

    Steven L. Reed

    Partner, Smith, Currie & Hancock LLP

    Steven L. Reed is a partner in the Atlanta, Georgia and Washington, DC offices of Smith, Currie & Hancock LLP. He joined Smith Currie in 2007 and opened the firm’s Washington, DC office in 2008. Prior to this he was an Administrative Judge, Armed Services Board of Contract Appeals (ASBCA) where from 2000-2006, he mediated, otherwise resolved, or adjudicated 136 appeals involving all types of contracts awarded by the Department of Defense, the Department of Health and Human Services, NASA, the U.S. Postal Service, the Department of Justice, the Washington Metro bus and rail system, and the Panama Canal Commission. During 1994-2000, as an Administrative Judge with the U.S. Army Corps of Engineers Board of Contract Appeals (ENG BCA) and from 1988-1994, as a Hearing Examiner with the ENG BCA, Mr. Reed’s docket included 225 appeals addressing matters related to the Corps’ Civil Works program (locks, dams, navigation, and flood prevention), the Washington Metro rail system, the Panama Canal, and Saudi Arabian military facilities and foreign military sales transactions. 

  • Fraud Risk Factors for Construction Contractors

    Contains 3 Component(s) Recorded On: 03/09/2010

    We discuss the internal control areas unique to construction contractors. Information presented includes: estimating and bidding; project administration; job site accounting and controls; billing procedures; contract costs; contract revenues; construction equipment; claims, extras, back charges; and joint ventures.

    We discuss the internal control areas unique to construction contractors. Information presented includes: estimating and bidding; project administration; job site accounting and controls; billing procedures; contract costs; contract revenues; construction equipment; claims, extras, back charges; and joint ventures.

    Karen Courney

    Senior Consultant, Wolf & Company LLP

    Karen A. Courney, CPA is Senior Consultant in Audit and Accounting Services, a Construction and Real Estate Specialist with Wolf & Company LLP. She works with construction and real estate companies, including residential and commercial developers and contractors, home builders, general contractors and subcontractors and other real estate entities. In addition to providing traditional audit, accounting, and tax services to clients, she acts as business advisor and consultant focusing on profit improvement issues, internal controls, operational efficiency, compliance with federal and state regulations, staffing issues, and interpreting and reacting to the information from an organization’s financial statements. Karen presents on business operations, internal controls, and fraud prevention and authors articles for industry related publications. She is a member of the American Institute of Certified Public Accountants, Illinois CPA Society, Northern Illinois Home Builders Association and the Home Builders Association of Greater Chicago.

    Charles Dillman

    Senior Manager, Greer & Walker

    Charles Dillman, CPA, CFE, has been with Greer & Walker for eight years and is currently a senior manager in the Audit practice. He has significant experience with real estate developers and property managers, contractors, professional service firms, manufacturers, and not-for-profits. Prior to joining Greer & Walker, Chip worked in the Chicago office of PricewaterhouseCoopers for five years in the Dispute Analysis & Investigations group where he focused on internal control assessments, potential fraud situations, and litigation support efforts. Chip is a member of the American Institute of Certified Public Accountants, the North Carolina Association of Certified Public Accountants, the Association of Certified Fraud Examiners, and the Home Builders Association of Charlotte. He is also a Certified Fraud Examiner.

  • Agency Profitability: MarshBerry Benchmarking Results

    Contains 3 Component(s) Recorded On: 01/12/2010

    This presentation is a summary of the 2009 benchmarking study conducted by MarshBerry on behalf of the NASBP. The study provides performance standards for agencies, specifically for bond operations.

    This presentation is a summary of the 2009 benchmarking study conducted by MarshBerry on behalf of the NASBP. The study provides performance standards for agencies, specifically for bond operations.

    Doug Terrill

    Senior Vice President, MarshBerry

    Doug Terrill is Senior Vice President at MarshBerry, a company he joined in 1993 as a consultant responsible for preparing appraisal reports and assisting agencies with strategic business planning. Mr. Terrill’s extensive knowledge of agencies and information systems provides the foundation for MarshBerry's ability to compile and analyze financial and operational statistics for the purpose of establishing standards for the insurance industry. His current responsibilities include managing the company's information services which includes directing MarshBerry’s premier benchmarking service Perspectives for High Performance (PHP). He is also responsible for the planning and implementation of insurance company services and continues to consult agencies on perpetuation, business planning and agency value. Mr. Terrill speaks frequently before carriers and agencies and writes insurance-related articles for national publications.