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  • The Company You Keep - Part II: Updates, Practical Issues and Case Studies for Federal Set-Aside Contracts

    Contains 3 Component(s) Recorded On: 04/03/2012

    We focus on the potential risks that can arise when a large business enterprise works with, or becomes involved with, a small business enterprise performing work under federal set-aside programs.

    We focus on the potential risks that can arise when a large business enterprise works with, or becomes involved with, a small business enterprise performing work under federal set-aside programs. Specifically we look at the potential sources to verify a small business enterprise’s status under certain self-certifying programs, as look at the requirements and guidelines surrounding joint-ventures, teaming agreements and mentor/protégé relationships within these programs.

    Stephen Rae

    General Counsel, Liberty Mutual Surety

    Stephen Rae, General Counsel, Liberty Mutual Surety, joined the company in 2002 as senior surety counsel in the Claims Department. He brought with him 10 years of private practice litigation experience, primarily in the areas of construction law, employment law, and insurance contract disputes. Mr. Rae worked in LMS’ Claims Department for almost 5 years as senior surety counsel and a manager. He assumed LMS’ chief counsel position in December 2006. As chief counsel, Mr. Rae manages LMS’ Legal Department, which handles LMS’ legal needs. LMS’ Legal Department coordinates its activities with other resources within LMS as well as the Liberty Mutual Group.

    Mr. Rae is the current chairperson for the Surety & Fidelity Association of America (SFAA) Corporate Counsel Committee and serves as LMS’ representative on the SFAA’s Government Affairs Advisory Committee. He is a member of the American Bar Association (Fidelity and Surety Law Committee) and the National Bond Claims Association. Mr. Rae is also a licensed attorney in the Commonwealth of Pennsylvania, the U.S. District Court for the Eastern District of Pennsylvania, and the U.S. Court of Appeals for the Third Circuit.

  • New Frontiers for Premium Growth: Outsourcing Supply and Service Contracts

    Contains 3 Component(s) Recorded On: 03/06/2012

    This seminar looks at where you can find and develop supply and service bonds - recognized as a growing business - and the technicalities of these contracts that include how to underwrite them. An underwriter weighs in with perspective, requirements, and expectations.

    This seminar looks at where you can find and develop supply and service bonds - recognized as a growing business - and the technicalities of these contracts that include how to underwrite them. An underwriter weighs in with perspective, requirements, and expectations.

    James Crinnion

    Vice President of Commercial Surety, Philadelphia Insurance Companies

    James Crinnion is Vice President of Commercial Surety for Philadelphia Insurance Companies. He joined the company in January of 2012.  Prior to Philadelphia, he was a Director of Commercial Surety for Capitol Insurance Companies. His territory at Capitol consisted of the Western Region of the US. During his tenure with them, he helped Capitol in creating and refining its underwriting techniques for its Non Construction Contract accounts.  Prior to Capitol, Mr. Crinnion worked at Kemper Insurance Company as Director of Commercial Surety, Western Region and Associate Director of Underwriting for the International Surety underwriting team. He started his commercial surety career at Safeco Surety.

    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. 

    Steve Swartz

    President, South Coast Surety

    Steve Swartz is President of South Coast Surety, a company he founded in 1995 to provide contract surety support on an account basis. Response to the agency’s website created a demand for servicing commercial bond needs. The agency services thousands of insurance brokers’ nationally providing commercial and contract bond support. It has a variety of commercial and contract bond programs including in-house underwriting authority with a number of surety companies. In 2011, he successfully created a simple application program for Service and Supply contracts with a single limit of $300,000 and an aggregate limit of $600,000, which he manages nationally. 

  • Utilizing CFMA’s Financial Analysis Survey to Understand a Contractor’s Risk to your Portfolio

    Contains 3 Component(s) Recorded On: 02/28/2012

    How can you use the wealth of information collected in the survey to influence and optimize the makeup of your portfolio of contractors?

    How can you use the wealth of information collected in the survey to influence and optimize the makeup of your portfolio of contractors? Learn how to use the survey to evaluate client and prospect risks and trends, understand ongoing and future backlog potential for clients and hear about how and when comparisons across company type, geography, and revenue class are.

    Elaine Ervin

    Partner, Moss Adams LLP

    Elaine Ervin, CPA, Partner, Moss Adams LLP has been in public accounting since 1986. She is the firm-wide leader of the Construction, Real Estate, Professional Service Firms and Hospitality Industry Groups.  She specializes in providing accounting and business advisory services to closely-held businesses, with a particular focus on clients in the construction and real estate industry. Ms. Ervin participates in all phases of audit and review engagements including planning, compliance testing, supervision, and report preparation for clients. She has an extensive background in relation to bonding and banking issues as they relate to financial performance and she is active in the CFMA, the AGC, a member of ULI, and is the President of the AGC Education Foundation.

    Chris Gewain

    Partner, Moss Adams

    Chris has practiced public accounting since 2003. He manages audits for construction and employee benefit plan clients. Chris provides business consulting and accounting services to financial management personnel and owners of construction businesses, including internal control and financial reporting system matters; billing practices and cash flow improvements; business owner succession planning; and tax planning and other compliance issues. He has presented on various topics related to the construction industry and employee benefit plans, and has written numerous articles for construction organizations.

  • Bond Approved! Is Your Responsibility Satisfied? Lack of Follow-up Puts Agents and Surety in Difficult Situations

    Contains 3 Component(s) Recorded On: 02/07/2012

    We discuss the answers to the following questions: What are the agent’s duties to the surety to conclude the underwriting requirements which are conditions to writing a bond? What risks or exposure exists for the agent when a surety places underwriting requirements as a condition to writing a bond, and the agent fails to conclude the satisfaction of those underwriting requirements? What effect may failure to conclude underwriting requirements by an agent have on the surety’s rights in the event of a claim or breach?

    We discuss the answers to the following questions: What are the agent’s duties to the surety to conclude the underwriting requirements which are conditions to writing a bond? What risks or exposure exists for the agent when a surety places underwriting requirements as a condition to writing a bond, and the agent fails to conclude the satisfaction of those underwriting requirements? What effect may failure to conclude underwriting requirements by an agent have on the surety’s rights in the event of a claim or breach?

    Timothy D. Martin

    Vice-Chair, Insurance Coverage Litigation Committee, American Bar Association

    Tim Martin is a member of the firm Ward Hocker & Thornton in its Louisville, KY office. He is a 1984 graduate of the University of Louisville, School of Law. He holds an undergraduate degree in accounting from the University of Louisville. From 1979 through 1984 he was employed as a bond underwriter with Reliance Insurance Company. His responsibilities included underwriting contract and miscellaneous surety accounts, fidelity, and financial institution bonds. Following graduation from law school he served 4 years as a prosecutor and since 1989 has concentrated his practice in the representation of surety/fidelity carriers, insurance carriers, and financial institutions.

  • Work-In-Process: The Good, the Bad, and the Ugly

    Contains 3 Component(s) Recorded On: 01/10/2012

    Key points of the presentation include: What goes into a contractors’ job (WIP) schedule; determining cost-to-date to total estimated cost; which costs should legitimately be included as cost-to-date?

    Key points of the presentation include: What goes into a contractors’ job (WIP) schedule; determining cost-to-date to total estimated cost; which costs should legitimately be included as cost-to-date? Building a track record of valid estimates; internal controls over the WIP process; consistent internal reporting of WIP and changes in estimates; red flags from an independent auditor’s perspective; impact of WIP and backlog; and future operating results and GAAP and tax aspects of WIP and percentage-of-completion.

    Greg Isaacs

    Partner, Mountjoy Chilton Medley LLP

    Greg Isaacs, CPA, PFS is Partner in Charge, Consulting Services at Mountjoy Chilton Medley LLP and is a member of the firm’s executive committee. His practice focus is on transactional business services with an emphasis on mergers and acquisitions, valuation, corporate reorganization, and strategic planning. Mr. Isaacs provides assurance and tax services to companies in development stage, technology, construction, real estate, distribution, service, healthcare, retail, and restaurant industries. He is a member of a number of organizations including the AICPA, the Kentucky Society of Certified Public Accountants, and Greater Louisville Inc. Community Development/Capital Projects Committee.

    Alan M. Rosenberg

    Partner, Mountjoy Chilton Medley LLP

    Alan M. Rosenberg, CPA is a partner at Mountjoy Chilton Medley LLP with close to 30 years experience in public accounting providing assurance, tax planning, and management advisory service to the construction, manufacturing, health care, and retail industries. His practice consists of construction, manufacturing and distribution, medical, and real estate development clients. Mr. Rosenberg is a member of a number of organizations including the AICPA, and the Kentucky Society of Certified Public Accountants. He serves as treasurer on the board of the Associated Builders and Contractors, Kentuckiana Chapter. 

  • Pay When/If Paid Clauses – What You Really Need to Know

    Contains 3 Component(s) Recorded On: 11/29/2011

    Many subcontract agreements contain a provision that conditions the payment to the subcontractor on the general contractor’s receipt of payment from the project owner – so called “pay when paid” and “pay if paid” clauses.

    Many subcontract agreements contain a provision that conditions the payment to the subcontractor on the general contractor’s receipt of payment from the project owner – so called “pay when paid” and “pay if paid” clauses. This presentation reviews the history of these clauses; provides tips on how to spot them; and discusses their effects when there is a performance or payment bond claim.

    John Morris

    Partner, Surety & Construction Group, McElroy Deutsch Mulvaney and Carpenter, LLP

    John Morris, Esq. has over 20 years of experience handling construction and surety issues.  He is a partner in the surety and construction group at McElroy Deutsch Mulvaney and Carpenter, LLP in Morristown, NJ. His practice focuses on counseling surety and construction clients.

    James E Rudnik

    Director of Claims & Philadelphia Regional Manager, Cashin Spinelli and Ferretti, LLC

    James E Rudnik, Esq. the Director of Claims and Philadelphia Regional Manager for Cashin Spinelli and Ferretti, LLC, a Surety Consulting and Construction Management firm located in Horsham, PA.  Mr. Rudnik has over 30 years of surety claims experience and has previously taught claims at the William J. Angell Surety School and several NASBP CLE Programs as well as Regional and Annual Meetings.

  • The Company You Keep: Affiliation Implications for Federal Set-Aside Contracts

    Contains 3 Component(s) Recorded On: 10/25/2011

    This program provides information regarding Federal Set-Aside Contract Programs and raises awareness of the potential risks that can arise when a large business enterprise works with or becomes involved with a small business enterprise performing work under these programs.

    This program provides information regarding Federal Set-Aside Contract Programs and raises awareness of the potential risks that can arise when a large business enterprise works with or becomes involved with a small business enterprise performing work under these programs.

    Stephen Rae

    General Counsel, Liberty Mutual Surety

    Stephen Rae, General Counsel, Liberty Mutual Surety, joined the company in 2002 as senior surety counsel in the Claims Department. He brought with him 10 years of private practice litigation experience, primarily in the areas of construction law, employment law, and insurance contract disputes. Mr. Rae worked in LMS’ Claims Department for almost 5 years as senior surety counsel and a manager. He assumed LMS’ chief counsel position in December 2006. As chief counsel, Mr. Rae manages LMS’ Legal Department, which handles LMS’ legal needs. LMS’ Legal Department coordinates its activities with other resources within LMS as well as the Liberty Mutual Group.

    Mr. Rae is the current chairperson for the Surety & Fidelity Association of America (SFAA) Corporate Counsel Committee and serves as LMS’ representative on the SFAA’s Government Affairs Advisory Committee. He is a member of the American Bar Association (Fidelity and Surety Law Committee) and the National Bond Claims Association. Mr. Rae is also a licensed attorney in the Commonwealth of Pennsylvania, the U.S. District Court for the Eastern District of Pennsylvania, and the U.S. Court of Appeals for the Third Circuit.

  • Understanding the Risks and Opportunities in Underwriting Employee Stock Ownership Plan Companies (ESOPs)

    Contains 3 Component(s) Recorded On: 10/11/2011

    This presentation outlines ESOPs and ESOP underwriting.

    This presentation outlines ESOPs and ESOP underwriting, with a particular attention to answering the following questions: What are the “red flags” for underwriting ESOP companies? How can you better understand an ESOP company’s balance sheet? How do you analyze free cash flow, including ESOP expense and repurchase obligations in ESOP companies? What are the unique bonding considerations?

    Mary Josephs

    Founder & Executive Managing Director, Verit Advisors,

    Mary Josephs is founder and Executive Managing Director of Verit Advisors, a leading ESOP advisory firm. She has more than 28 years experience with ESOPs as a specialized solution-oriented succession and liquidity transaction for middle market companies and has advised, structured and closed more than 200 financings for middle market companies. 

    Ms. Josephs founded the ESOP group at LaSalle National Bank, co-founded and launched a leading ESOP Advisory practice for ABN AMRO LaSalle Corporate Finance. Upon LaSalle’s acquisition by Bank of America she led the ESOP Solutions Group for all of Bank of America-Merrill Lynch.

    Ms. Josephs is chair of The ESOP Association’s Finance Advisory Committee, a member of The ESOP Association’s Board of Directors, board member of The National Center for Employee Ownership, Advisory Board member for Employee-Owned S Corporations of America, chair of The ESOP Association’s Advisory Committees, and lifetime member of The ESOP Association’s Board of Governors. 

    William P. Waters

    Chair, ESOP Association’s Finance Advisory Committee

    William P. Waters is Vice President of Contract Surety Underwriting for CNA Surety. He began his surety career in 1978 and worked for three major sureties in New York and Indiana before moving to Chicago and joining CNA. Mr. Waters has been with CNA for 25 years and has served in his current capacity as head of contract underwriting since 2001.

    He serves on the Small & Emerging Contractors Committee for the Surety & Fidelity Association of America (SFFA) and is a frequent speaker at industry association meetings including NASBP, SFAA, and AGC. 

  • Negotiating Skills: Get What You Need Without the Sleepless Nights

    Contains 3 Component(s) Recorded On: 09/27/2011

    Successful negotiating strategies are among the most important skills you need to protect your firm’s interests and manage its risk.

    Successful negotiating strategies are among the most important skills you need to protect your firm’s interests and manage its risk. In this presentation learn key factors in the art and science of effective negotiating, including why and how to: Select your negotiation team, outline your key objectives, rehearse, make appropriate and timely concessions, recognize when walking away may be your best option, defuse common negotiating tactics and identify and use different personality traits to your advantage.

    Daniel S. McGarvey

    Managing Director, Marsh

    Mr. McGarvey, managing director at Marsh, leads the company’s U.S. Power and Utility practice, with responsibility for the service of more than 250 utility clients. He graduated from the U.S. Naval Academy and served in the nuclear surface ship community, attaining the designation of Naval Nuclear Chief Engineer and retiring with the rank of Commander. He was hired as a nuclear risk management consultant in 1989, and soon broadened his experience to include the service of large public sector, utility, and construction accounts. He has subsequently served as casualty unit manager, account manager, regional resource for utility, construction, and public sector opportunities, and office head.

     

    As a CPCU instructor, he has taught the Finance and Accounting course, Economics course, Introduction to Risk Management, Business Law, and all three courses of the ARM curriculum.

  • Payment and Performance Bond Issues Associated with Federal Contracts

    Contains 3 Component(s) Recorded On: 09/13/2011

    This seminar is about important consideration for sureties in federal contracting. Learn about payment and performance bond issues associated with contracts with the United States federal government.

    This seminar is about important consideration for sureties in federal contracting. Learn about payment and performance bond issues associated with contracts with the United States federal government. This presentation addresses topics such as pay-if-paid provisions, arbitration, requirements for waiving Miller Act claims, conditions for bringing claims, and post-completion liabilities as public owners seek to add new requirements to the scope of construction projects.

    Eric Nelson

    Partner, Smith, Currie & Hancock LLP

    Eric Nelson is a partner with Smith, Currie & Hancock LLP and practices in the areas of engineering & construction and government contracts. He represents clients on a variety project types, including power and process, infrastructure, health care, manufacturing, and commercial. Mr. Nelson has tried cases in federal and state courts throughout the county and before various federal boards of contract appeals. He also represents clients in alternative dispute resolution procedures and has arbitrated claims ranging from 1 million USD to over 100 million USD, nationally and internationally.  In addition to dispute resolution, Mr. Nelson frequently advises clients on front-end project transactions and on federal construction issues, such as the False Claims Act, small business programs, cost and pricing, compliance, and claims.