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  • A Contractor’s Perspective on Public-Private Partnerships: Opportunities and Pitfalls

    Contains 3 Component(s) Recorded On: 10/26/2010

    Public Private Partnerships (P3s) is the latest development in project delivery systems and is being used by more and more by states to address the burgeoning decay of our civil and social infrastructure.

    Public Private Partnerships (P3s) is the latest development in project delivery systems and is being used by more and more by states to address the burgeoning decay of our civil and social infrastructure. In this seminar the following questions are addressed: What exactly are P3s? What are the opportunities available to your clients? What are the opportunities and the pitfalls for contractors in the new P3 world?

    Bill Ernstrom

    Vice President, Major Strategic Projects for Walsh Construction Company

    Bill Ernstrom is Vice President for Major Strategic Projects for Walsh Construction Company, one of the largest domestic contraction services companies in the United States. Mr. Ernstrom is one of the corporate leaders for Walsh on all large design-build, PPPs, and project pursuits involving alternative project delivery systems. He is also responsible for the underwriting of all major projects pursued by Walsh.

  • Financial Reporting: Helping Your Clients Put Their Best Foot Forward

    Contains 3 Component(s) Recorded On: 09/14/2010

    The contractor’s financial statement is the single most important source of information used by bond producers in their underwriting process.

    The contractor’s financial statement is the single most important source of information used by bond producers in their underwriting process. It must be timely, accurate and complete. This seminar will help you better understand and analyze your client’s financial statements.

    Emilio Alvarez

    Founder, E.F. Alvarez & Company

    Emilio F. Alvarez founded E.F. Alvarez & Company in 1974, an accounting and consulting firm concentrating exclusively on construction clients and now a leader in the construction accounting industry in South Florida. He provides construction contractor clients a wide range of tax services, financial reporting, and business counseling and is a reliable and trusted advisor to many contractors in every branch of the industry and to surety companies.

    Mr. Alvarez is a member of CICPAC (Construction Industry CPAs Consultant Association), CFMA (Construction Financial Management Association), The Associated General Contractors of America (AGC), American Institute of CPAs (AICPA), and Florida Institute of CPAs (FICPA). He serves on numerous association committees and is a frequent presenter and author. He is an adjunct professor of Construction Accounting at Florida International University in the School of Construction Management. 

  • Proposed FASB Revenue Recognition Rules—What Surety Professionals and their Contractor Clients Need to Know

    Contains 3 Component(s) Recorded On: 09/10/2010

    A proposed new Financial Accounting Standards Board (FASB) revenue recognition accounting standard will have significant impact on the preparation of contractor financial statements.

    A proposed new Financial Accounting Standards Board (FASB) revenue recognition accounting standard will have significant impact on the preparation of contractor financial statements. Under the proposed rule, revenue recognition will follow a performance obligation model, rather than a percentage of completion model. Learn how this will impact construction contractors and the users of their financial statements.

    Jerry T. Henderson

    National Industry Partner, BKD National Construction & Real Estate Group

    Jerry Henderson leads BKD’s Construction & Real Estate Group and is responsible for facilitating its growth through service innovation and the advancement of technical expertise among client service personnel. He provides technical input on matters unique to the construction and real estate industry and coordinates BKD’sconsulting services to contractors and real estate developers. Mr. Henderson writes for national trade journals, such as the Construction Financial Management Association’s Building Profits and speaks at regional and national conferences. He is the professional co-chair of the emerging issues committee of the Construction Financial Management Association and is a member of Associated General Contractors of America’s National Tax & Fiscal Affairs Committee. 

    Patrick Pribyl

    Senior Vice President with LocktonCompanies, LLC

    Patrick Pribyl is a Senior Vice President with LocktonCompanies, LLC. He is Team Leader of the International Surety Operations Department with more than 55 surety-only professionals. Since joining Locktonin 1991, Mr. Pribylhas gained international account expertise through is work withBlack & Veatch, Burns & McDonnell, HDR, MMC Corp, MWH Global, PBSJ Corp, Layne Christensen, and J.E. Dunn. Through his active involvement in construction and surety industry associations -including the National Association of Surety Bond Producers, Surety and Fidelity Association of America, Design-Build Institute of America, and Associated General Contractors of America -Mr. Pribylhas developed key executive-level relationships with the major surety markets and industry leaders.

    Darrin Weber

    President, IMA of Texas, Inc.

    Darrin Weber is President of IMA of Texas, Inc. where he oversees the insurance and surety bond operations for the Dallas office. He is also a member of the board of directors for IMA, Inc. Before joining IMA in 2004, he was with Dodson-Bateman & Company (Arthur J. Gallagher & Company in Chicago and Dallas) where he oversaw construction insurance and surety bond operations. Darrin is chairman of the NASBP Insurance & Risk Management Committee and an active member of Quoin, the Dallas Chapter of the Association of AGC, Associated Builders and Contractors of North Texas, CFMA, and ASA.

  • Mortgage Broker Bonds: Legal Changes and Business Implications for Producers

    Contains 3 Component(s) Recorded On: 08/31/2010

    This presentation looks at mortgage license and permit bonds in relation to the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 and how the act triggered changes in various state mortgage bond statues.

    This presentation looks at mortgage license and permit bonds in relation to the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 and how the act triggered changes in various state mortgage bond statues.

    Corban Enns

    President, Surety Solutions, LLC

    Corban Enns is President and founder of Surety Solutions, LLC, in Salem, Oregon. The company provides support to mortgage companies in their growing demand for mortgage license and permit bonds. His initial exposure to surety bonds occurred while he was working for a Texas law firm specializing in multi-state licensing for mortgage companies. He was responsible for communicating with obligees and clients, ensuring their bonding requirements were met during license acquisition and in ongoing maintenance. 

    Martha L. Perkins

    Partner, Whiteford, Taylor & Preston, LLP

    Martha L. Perkins is a partner in the law firm of Whiteford, Taylor & Preston, LLP in Washington, DC, and focuses her practice in construction, surety, and fidelity law. Ms. Perkins regularly represents owners, contractors, and subcontractors in contract negotiation and dispute resolution. She represents clients on “green” issues, including the language of green contracts, risk identification and mitigation, and arbitrating green disputes. She is a member of the Associated General Contractors of America’s Risk Management Committee and Contracts Documents Committee, the American Bar Association’s Forum on the Construction Industry, and the Washington Building Congress. Ms. Perkins has written extensively and lectures frequently on construction, surety, and fidelity law issues.

  • Onerous Contract Terms: Damages, Performance Guarantees, Default Triggers, and Other Contract Nasties

    Contains 3 Component(s) Recorded On: 08/17/2010

    In today’s difficult economy, some construction owners have been emboldened to include more onerous terms in their contracts.

    In today’s difficult economy, some construction owners have been emboldened to include more onerous terms in their contracts. Such terms can mean the difference between a contractor realizing its margin or having to go out of business. This presentation spotlights and explains critical terms that can make or break a construction contract and how to avoid or address so that they do not lead to disaster.

    Richard H. Lowe

    Partner, Duane Morris LLP

    Richard H. Lowe concentrates his practice in construction and commercial litigation and construction law. He handles complex construction litigation, arbitration and mediation matters, for owners, contractors, design-builders, design professionals, sureties, subcontractors and suppliers, and has drafted and negotiated complex construction and design contracts for hospitals, schools, universities, power plants, and other industrial, commercial, and institutional uses. Mr. Lowe is a Fellow of the American College of Construction Lawyers, and recently he was elected to a three-year term to College’s Board of Governors. He is also a Fellow of the Chartered Institute of Arbitrators and is LEED Certified. Mr. Lowe repeatedly has been named as a "Super Lawyer" in construction in Philadelphia.

  • The Surety’s Strategy and Rights When the Principal Files for Bankruptcy

    Contains 3 Component(s) Recorded On: 08/11/2010

    This presentation gives an in-depth view of what happens when a principal files for bankruptcy, including: information gathering; automatic stays; property of the debtor’s estate; debtor’s use of property of the estate; obtaining post-petition surety credit; and much more.

    This presentation gives an in-depth view of what happens when a principal files for bankruptcy, including: information gathering; automatic stays; property of the debtor’s estate; debtor’s use of property of the estate; obtaining post-petition surety credit; and much more.

    George J. Bachrach

    Partner, Wright, Constable & Skeen, LLP

    George J. Bachrach is a partner in the Baltimore, Maryland law firm of Wright, Constable & Skeen, LLP.  He is a graduate of Harvard University, B.A., cum laude, 1971, and Georgetown University Law Center, J.D. 1974.  He has represented surety companies in performance bond, payment bond and commercial surety bond claims, workouts and related bankruptcy proceedings for over 36 years.  Mr. Bachrach is a former Chair of the ABA/TIPS Fidelity and Surety Law Committee (2001 to 2002), and is a member of the Surety Claims Institute and the National Bond Claims Association among his many surety industry affiliations.  He is also a member of the ABA Forum on the Construction Industry.  On May 21, 2009, Mr. Bachrach received the ABA/TIPS Fidelity and Surety Law Committee Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law.  Mr. Bachrach is a frequent author, editor, program chair and speaker on surety issues, including the surety’s performance bond rights, options and obligations; the surety’s indemnity agreement, subrogation and salvage rights; the surety’s claims investigation rights and claims handling process; and commercial surety and contract surety bankruptcy issues.  

  • 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.