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  • Risk Management of Working in New Markets

    Contains 3 Component(s) Recorded On: 12/14/2018

    When contractors leave home to follow their customers to new areas or look to pursue public work in new geographical locations, the risks can outweigh the opportunities. To ensure a project’s success, it’s critical to take the time to investigate all potential issues that could affect the decision to work away from home.

    When contractors leave home to follow their customers to new areas or look to pursue public work in new geographical locations, the risks can outweigh the opportunities. To ensure a project’s success, it’s critical to take the time to investigate all potential issues that could affect the decision to work away from home.

    Susan L. McGreevy

    Construction Attorney & Partner, Stinson Leonard Street

    Susan McGreevy is a Construction Attorney, advising and representing clients, training construction company staff, negotiating and preparing contracts. She represents contractors, developers, public owners, designers and works with insurers and sureties. 

    She negotiates to create win-win situations for clients with other firms, and is known for finding creative ways to resolve problems.

  • The Surety’s Salvage Rights Against the Principal, Indemnitors and Third Parties: What Do Bond Producers Need to Know?

    Contains 3 Component(s) Recorded On: 12/04/2018

    This seminar will explore the surety’s key rights under the industry-standard General Agreement of Indemnity (GAI), as well as the surety’s well-established common law rights, focusing on what bond producers need to know in order to guide their clients through the process. The seminar will include, among other things, a discussion of the execution of indemnity agreements by the bond principal and additional indemnitors; the requirement of personal guaranties from the contractor/bond principal; the posting of security by the contractor / bond principal; events triggering the surety’s rights to indemnity; the scope of the surety’s rights to indemnity; how to work with the surety in a claims situation; the surety’s rights to collateral security and the GAI’s so-called collateral security clause; the surety’s rights under the prima facie evidence clause; the surety’s rights of equitable subrogation; the surety’s duty to investigate claims; the surety’s right to settle claims; and the standards of good faith governing a surety’s actions.

    This seminar will explore the surety’s key rights under the industry-standard General Agreement of Indemnity (GAI), as well as the surety’s well-established common law rights, focusing on what bond producers need to know in order to guide their clients through the process. The seminar will include, among other things, a discussion of the execution of indemnity agreements by the bond principal and additional indemnitors; the requirement of personal guaranties from the contractor/bond principal; the posting of security by the contractor / bond principal; events triggering the surety’s rights to indemnity; the scope of the surety’s rights to indemnity; how to work with the surety in a claims situation; the surety’s rights to collateral security and the GAI’s so-called collateral security clause; the surety’s rights under the prima facie evidence clause; the surety’s rights of equitable subrogation; the surety’s duty to investigate claims; the surety’s right to settle claims; and the standards of good faith governing a surety’s actions.

    Todd Regan

    Robinson & Cole LLP

    Todd Regan is a partner at the law firm of Robinson & Cole LLP in Hartford, Connecticut. His practice is dedicated to the construction and surety industries.  He represents the full range of construction and surety industry stakeholders in claims involving project delays and inefficiencies, defective design and construction, unfair trade practices and bad faith, and mechanic's liens and bond claims. Regan has argued before the First Circuit Court of Appeals and the Connecticut Supreme Court on significant legal issues concerning the construction and surety industries. He also counsels construction industry members in the negotiation and drafting of project-related agreements.

    Regan is a member of several national construction and surety industry-related organizations, including the ABA Forum on the Construction Industry, the ABA Tort Trial & Insurance Practice Section, and the Surety & Fidelity Claims Institute. He also serves as a pro bono attorney with Lawyers for Children America and is a board member with several nonprofit organizations.

  • Killer Construction Contract Clauses Redux: Bond Producers Beware!

    Contains 3 Component(s) Recorded On: 11/28/2018

    Join Marilyn Klinger, managing partner of the Los Angeles, CA office of the law firm SMTD Law LLP, as she examines a variety of onerous construction contract clauses, both in prime contracts and subcontracts. Klinger will explain why these clauses are problematic from a variety of perspectives and identify alternatives that can help solve the issues these clauses attempt to address. Attendees will have the opportunity to submit questions and have them answered during the Virtual Seminar. SMTD Law LLP is a boutique law firm concentrating in construction, surety and business litigation with offices in California and Arizona.

    Join Marilyn Klinger, managing partner of the Los Angeles, CA office of the law firm SMTD Law LLP, as she examines a variety of onerous construction contract clauses, both in prime contracts and subcontracts. Klinger will explain why these clauses are problematic from a variety of perspectives and identify alternatives that can help solve the issues these clauses attempt to address. Attendees will have the opportunity to submit questions and have them answered during the Virtual Seminar. SMTD Law LLP is a boutique law firm concentrating in construction, surety and business litigation with offices in California and Arizona.

    This critical topic presents an exciting opportunity for you to host this NASBP Virtual Seminar for your construction clients or to share the information on how they too can register to participate in this live or recorded Virtual Seminar.

    Marilyn Klinger

    Managing Partner, SMTD Law

    Ms. Klinger serves as the Managing Partner of SMTD Law’s Los Angeles office. She is involved in all aspects of construction law on a state and national level, representing the full spectrum of the construction industry, from owners, contractors, subcontractors and sureties. Ms. Klinger’s practice includes time-related claims and litigation (e.g., delay/impact), legal advice and counsel regarding the contracting process (e.g., bidding and contract disputes/performance bond claims), payment enforcement/defense (e.g. payment bonds/mechanics liens/stop payment notices), administrative and scope claims and litigation (e.g., differing site conditions, change and extra work orders/inadequate plans and specifications and subcontractor substitutions) and counseling and transactional services to the construction industry (e.g., general advice and counsel, including contract preparation, evaluation and negotiation). In addition, she has extensive experience in dispute resolution including litigation, trial, appeals, arbitration and mediation.

  • Growing A Credible, Powerful Personal Brand Online

    Contains 3 Component(s) Recorded On: 11/14/2018

    People are searching for you online – to assess your credibility, learn about your background, or even just out of curiosity. Over 90% of business professionals have searched for people online and people use your online profile to make judgments about you. In this day and age you can’t afford to have a personal brand that doesn’t establish your credibility and support you in the sales process. In the relationship-driven world of surety bonding, surety professionals can benefit from an understanding of their brand and what it conveys.

    People are searching for you online – to assess your credibility, learn about your background, or even just out of curiosity. Over 90% of business professionals have searched for people online and people use your online profile to make judgements about you. In this day and age you can’t afford to have a personal brand that doesn’t establish your credibility and support you in the sales process. In the relationship-driven world of surety bonding, surety professionals can benefit from an understanding of their brand and what it conveys.

    In this session, we’ll cover:

    Why your online personal brand is important

    3 Key steps to defining your personal brand

    Auditing your person brand

    Using Facebook for professional personal branding

    Harnessing LinkedIn to establish and grow your presence

    Best practices for LinkedIn

    Developing your personal action plan to establish your credibility online

    Krista Neher

    CEO, Boot Camp Digital

    Krista Neher is a leading authority, trainer, educator, author and international speaker on Internet marketing and social media, and is currently the CEO of Boot Camp Digital, a leading provider of social media marketing training and consulting solutions. Krista is a social media pioneer; creating one of the first successful corporate Twitter strategies and corporate blogs – long before “social media” was even a recognized term. Krista is also the author of “Social Media Field Guide: Discover the Strategies, Tactics and Tools for Successful Social Media Marketing” and is currently working on the first textbook on social media marketing. In addition, Krista is currently the managing director of the Institute for Social Media at Cincinnati State and has trained thousands of people in social media marketing.

    Krista has deep roots in marketing, having worked at Procter and Gamble for almost six years in a career spanning sales, finance and marketing. During her career at P&G, Krista worked on the biggest brands (Tide, Folgers) and on some of the most successful launches in the history of the company. She was consistently rated as a top performer. Krista then went on to become vice president of marketing for the Internet startup Photrade.com. While at Photrade, Krista became deeply immersed in social media marketing and technologies. She was one of the first marketers to incorporate these emerging platforms into successful marketing strategies.

    Upon leaving Photrade, Krista founded Boot Camp Digital, a company that provides training and strategic consulting solutions to companies of all sizes – from Fortune 500 companies to small businesses.  Through Boot Camp Digital, Krista worked with Procter & Gamble on its first social media marketing effort and helped build a model now replicated throughout the entire organization. Krista has also created training programs for a number of companies including a year-long digital marketing training program for Euro RSCG, the world’s largest advertising agency. Boot Camp Digital also provides social media solutions for small businesses, startups and provided social media support to ad:tech – the country’s largest digital marketing conference.

    Krista is a sought-after public speaker for her engaging and entertaining keynotes and seminars. Krista is a regular speaker at a variety of industry conferences and presented at prestigious events including: Search Engine Strategies, The American Marketing Association, The Ad Club, Connected Marketing Week, Blog Her, Mobile X Conference, Social Media Club, The Northern Kentucky Chamber of Commerce, Blog Indiana, Association Trade Shows, College Career Days, Women Entrepreneurs Inspire at Oklahoma State, and many more. In addition to speaking around the world, Krista is an avid blogger both at the Boot Camp Digital Blog and The Marketess. She has contributed articles to Adrants and Mobile Marketer. Krista is also an advisor to a number of companies including Girlfriendology.com and Phd-Connect.

  • Growing A Credible, Powerful Personal Brand Online

    Contains 3 Component(s) Recorded On: 11/14/2018

    People are searching for you online – to assess your credibility, learn about your background, or even just out of curiosity. Over 90% of business professionals have searched for people online and people use your online profile to make judgements about you. In this day and age you can’t afford to have a personal brand that doesn’t establish your credibility and support you in the sales process. In the relationship-driven world of surety bonding, surety professionals can benefit from an understanding of their brand and what it conveys.

    People are searching for you online – to assess your credibility, learn about your background, or even just out of curiosity. Over 90% of business professionals have searched for people online and people use your online profile to make judgments about you. In this day and age you can’t afford to have a personal brand that doesn’t establish your credibility and support you in the sales process. In the relationship-driven world of surety bonding, surety professionals can benefit from an understanding of their brand and what it conveys.

    In this session, we’ll cover:

    Why your online personal brand is important
    3 Key steps to defining your personal brand
    Auditing your person brand
    Using Facebook for professional personal branding
    Harnessing LinkedIn to establish and grow your presence
    Best practices for LinkedIn
    Developing your personal action plan to establish your credibility online


    Krista Neher

    CEO, Boot Camp Digital

    Krista Neher is a leading authority, trainer, educator, author and international speaker on Internet marketing and social media, and is currently the CEO of Boot Camp Digital, a leading provider of social media marketing training and consulting solutions. Krista is a social media pioneer; creating one of the first successful corporate Twitter strategies and corporate blogs – long before “social media” was even a recognized term. Krista is also the author of “Social Media Field Guide: Discover the Strategies, Tactics and Tools for Successful Social Media Marketing” and is currently working on the first textbook on social media marketing. In addition, Krista is currently the managing director of the Institute for Social Media at Cincinnati State and has trained thousands of people in social media marketing.

  • Building a Strong Foundation on Tax Reform – Impact on the Construction Industry

    Contains 3 Component(s) Recorded On: 10/31/2018

    Join CPAs and construction industry professionals Jason Grosh and Mark Wilkerson from BKD as they discuss the nuances of the Tax Cuts and Jobs Act (TCJA) and how it may impact construction firms. Understanding the tax reform’s impact on contractors is integral information for all surety professionals in the construction space.

    Join CPAs and construction industry professionals Jason Grosh and Mark Wilkerson from BKD as they discuss the nuances of the Tax Cuts and Jobs Act (TCJA) and how it may impact construction firms. Understanding the tax reform’s impact on contractors is integral information for all surety professionals in the construction space. 

    This critical topic presents an exciting opportunity for you to host this NASBP Virtual Seminar for your construction clients or to share the information on how they too can register to participate in this live or recorded seminar.

    Joseph J. “Jason” Grosh, CPA

    Senior Manager, BKD

    Jason oversees and provides tax services for contractors, real estate developers, hospitality companies and manufacturers.  He focuses on tax planning for multistate partnerships, LLCs and corporations and on business succession planning, including buy-sell agreements, deferred compensation plans and merger and acquisition agreements.  Jason also assists in the coordination and management of federal and state income tax audits and examinations and resolves sales and use tax issues for clients.

    He is a member of the American Institute of CPAs, Wisconsin Institute of CPAs and Associated General Contractors of Wisconsin.

    Jason is a graduate of University of Wisconsin–Madison with a bachelor’s degree in accounting and a graduate of University of Wisconsin–Madison School of Law with a J.D. degree.

    Mark A. Wilkerson, CPA

    Partner, BKD

    Mark is chair of Kansas City’s construction and real estate team.  He has been involved in the construction and real estate industry for most of his 13 years in public accounting.

    Mark serves a variety of organizations including construction, real estate, insurance and manufacturing companies.  His experience includes general tax and business consulting, mergers and acquisitions, succession planning, cost segregation and ongoing strategic tax planning and representation before the IRS.

    He is on the planning committee for the Construction Financial Management Association and is a member of the American Subcontractors Association, Missouri Society of Certified Public Accountants, American Institute of Certified Public Accountants and University of Kansas Accounting & Information Associate Advisory Council.

    Mark is a 1994 graduate of University of Kansas, Lawrence, with a B.S. degree in business administration and accounting, and a 1995 graduate of the University of Missouri, Kansas City, with an M.S. degree in accounting taxation.

  • Bonding Set-Aside Contractors: What You Should Know About Potential False Claims Act Liability

    Contains 3 Component(s) Recorded On: 10/16/2018

    This hot-topic seminar will include a discussion of set-aside requirements under federal contracts and programs that assist set-aside contractors in obtaining surety credit. The presenter will review recent case law that potentially exposes bond producers and sureties to liability under the False Claims Act and to treble damages on account of information available to producers and underwriters.

    This hot-topic seminar will include a discussion of set-aside requirements under federal contracts and programs that assist set-aside contractors in obtaining surety credit. The presenter will review recent case law that potentially exposes bond producers and sureties to liability under the False Claims Act and to treble damages on account of information available to producers and underwriters.

    Brian Kantar

    Member, Law Firm of Chiesa Shahinian & Giantomasi PC

    Brian Kantar is a member in the New York and New Jersey firm of Chiesa Shahinian & Giantomasi PC, where he regularly represents surety companies, contractors and developers in a wide variety of contract disputes, performance and payment bond claims, affirmative claims, loss recovery, bankruptcy issues and contractor workouts. He frequently writes and speaks on issues affecting the surety industry and serves as Managing Editor of the Surety Claims Institute Newsletter. Brian also serves on committees in the ABA Fidelity and Surety Law Committee and the Philadelphia Surety Claims Association. He can be reached at bkantar@csglaw.com or 973.530.2112.

  • The Top 5 Construction Risk Transfer Challenges and Solutions: That Every Surety Professional and Their Clients Should Know

    Contains 3 Component(s) Recorded On: 09/12/2018

    This webinar will focus on the top 5 construction risk transfer challenges and solutions. Those challenges include anti-indemnity/insurance statutes, additional insured form limitations, horizontal exhaustion, construction defect as an occurrence, and certain problematic endorsements. Risk transfer is changing, and it is important for surety professionals to be aware of the many risk transfer challenges they face and to, more importantly, to be aware of the solutions.

    This webinar will focus on the top 5 construction risk transfer challenges and solutions. Those challenges include anti-indemnity/insurance statutes, additional insured form limitations, horizontal exhaustion, construction defect as an occurrence, and certain problematic endorsements. Risk transfer is changing, and it is important for surety professionals to be aware of the many risk transfer challenges they face and to, more importantly, to be aware of the solutions.

    Tracy Alan Saxe

    President and Chief Executive Officer, SDV

    Tracy Alan Saxe is one of the founding members of SDV as well as its President
    and Chief Executive Officer. He is a skilled commercial litigator with more
    than 30 years of trial experience. Tracy began his career handling a diverse
    array of general litigation matters, from a criminal court trial where his client
    was acquitted of murder to the representation of a certified class of independent
    book publishers in a bankruptcy court trial. Over time, his practice steadily
    narrowed to concentrate on more complicated and intellectually challenging
    areas and, since 1990, his focus has been on advocating for the rights of
    policyholders.

    Tracy has litigated insurance coverage matters all over the country involving
    construction defects, completed operations, product liability, property damage
    and bodily injury claims related to mold and asbestos, “sick building” syndrome,
    environmental claims, business interruption, employment disputes, patent
    infringement, breach of fiduciary duty, and more. Tracy enjoys working in
    conjunction with sophisticated corporate clients and their brokers to create
    unique and customized strategies to resolve complex legal issues.

    An active lecturer speaking on insurance coverage topics at seminars and
    conferences nationwide, Tracy is recognized as a pioneer and thought-leader
    in the insurance and risk/coverage industry. He has been selected as a New
    England Super Lawyer in 2016-2017 and was the 2017 recipient of the IRMI
    Words of Wisdom Award presented at the 37th IRMI Construction Risk Conference.
    Tracy was also an Adjunct Professor at Quinnipiac University School
    of Law, where he taught courses on Insurance Law.

    Tracy is the chair of the firm’s Executive Committee and also serves on the
    firm’s Diversity Committee. A lifelong resident of Orange, Connecticut, he is
    the founder and Chairman of the Board of Directors of Jiwanko Saathiharu:
    Jeremy Saxe Foundation of Education and Development, Inc., a charitable
    foundation whose mission is to provide educational opportunities for children
    in Nepal.

  • Tribal Sovereign Immunity: What Surety Professionals Need To Know When Working With Native American Tribal Governments and Business Entities

    Contains 3 Component(s) Recorded On: 08/22/2018

    Projects with Native American tribal governments as owners are growing larger and more complex. Native American business entities are expanding and their need for surety bonds is increasing. Because of this, it is important for the surety professional to understand the concept of tribal sovereign immunity and how it impacts relationships with tribal entities as project owners and as bond principals. A understanding of the issues of sovereign immunity waivers and dispute resolution is essential to ensuring non-tribal customers have recourse in the event of a dispute with a tribal owner and sureties can obtain effect indemnity agreements from tribal indemnitors. This presentation will review the current state of the law surrounding sovereign immunity and give practical tips for obtaining valid waivers of sovereign immunity when needed, understanding the impact of choice of law and venue, and analyzing key contract terms.

    Projects with Native American tribal governments as owners are growing larger and more complex.  Native American business entities are expanding and their need for surety bonds is increasing.  Because of this, it is important for the surety professional to understand the concept of tribal sovereign immunity and how it impacts relationships with tribal entities as project owners and as bond principals.  A understanding of the issues of sovereign immunity waivers and dispute resolution is essential to ensuring non-tribal customers have recourse in the event of a dispute with a tribal owner and sureties can obtain effect indemnity agreements from tribal indemnitors.   This presentation will review the current state of the law surrounding sovereign immunity and give practical tips for obtaining valid waivers of sovereign immunity when needed, understanding the impact of choice of law and venue, and analyzing key contract terms.

    Brad Espinosa

    Vice President, Zurich Surety

    Brad Espinosa, a Vice President with Zurich Surety, has underwriting responsibility for Zurich’s Middle Market Northwest Region and is based in San Francisco. With 10 years in the industry, Brad has held underwriting and leadership positions in Northern California and Seattle. He served as the Seattle Surety Association President and the SFAA Young Professional West Region Leader.  He holds a B.S. degree in Business Administration from California State University, Sacramento.  

    Michelle Randall

    Assistant Vice President, Zurich Surety Risk Solutions

    Michelle Randall is an Assistant Vice President with Zurich’s Surety Risk Solutions, a team of surety attorneys dedicated to providing legal expertise and innovative problem solving to Zurich’s underwriters and customers.  She spent most of her legal career in Hartford, Connecticut, where her practice focused primarily on representing surety companies in claims matters, recovery, and litigation.  She joined Zurich Surety three years ago and now calls Sioux Falls, SD home.  Michelle has authored chapters in four books published by the American Bar Association’s Surety and Fidelity Committee and in the Fifty-State Construction Lien and Bond Law series.  She graduated from the University of Massachusetts and earned her law degree, summa cum laude, from Western New England University School of Law.

  • The World of Court Bonds and Notary Bonds: A Guide for Underwriters and Producers

    Contains 3 Component(s) Recorded On: 07/24/2018

    While most surety bonding professionals have come into contact with Court Bonds or Notary Bonds, some may not understand why these bonds are required, and who they protect. This Virtual Seminar, presented by Jeff Frank and Omar Harb of Alber Frank, PC, will highlight the procedures for obtaining and filing these bonds. The presenters will also discuss the differences in the various Court Bonds and some underwriting and claims considerations. Finally, the presenters will provide an overview of the Notary Bond process – from the issuance of the bonds to claims procedures, including a discussion of what parties have standing to pursue claims on notary bonds and the duties of a notary.

    While most surety bonding professionals have come into contact with Court Bonds or Notary Bonds, some may not understand why these bonds are required, and who they protect. This Virtual Seminar, presented by Jeff Frank and Omar Harb of Alber Frank, PC, will highlight the procedures for obtaining and filing these bonds. The presenters will also discuss the differences in the various Court Bonds and some underwriting and claims considerations. Finally, the presenters will provide an overview of the Notary Bond process – from the issuance of the bonds to claims procedures, including a discussion of what parties have standing to pursue claims on notary bonds and the duties of a notary.

    Jeffrey M. Frank

    Founding shareholder and Managing Partner, Alber Frank, PC

    Jeffrey M. Frank is a founding shareholder and the managing partner of Alber Frank, PC practicing primarily in the Troy, Michigan office. Frank is licensed to practice in Michigan and is admitted to the U.S. District Court, Eastern and Western Districts of Michigan, and the Sixth Circuit Court of Appeals. Frank graduated cum laude from the University of Michigan in 1989 and from the Boston University School of Law in 1992. He concentrates his practice primarily in the areas of fidelity and surety law, specializing in commercial surety, as well as commercial and probate litigation.  He is a member of the American Bar Association Forum on the Construction Industry and the Tort Trial and Insurance Practice Section’s Fidelity and Surety Law Committee (FSLC). Frank is the editor of The Law of Probate Bonds, Second Edition, which was released in 2015. He is the author of the Michigan chapters in the FSLC publications regarding motor vehicle dealer bonds and contractor license bonds as well as the FSLC Surety Underwriter’s Desk Book. Frank is also a member of the Fidelity and Surety Steering Committee of the Defense Research Institute as well as a member of the National Bond Claims Association and the Surety Association of Michigan. 

     Frank regularly serves as a mediator in the Wayne County (MI) Probate Court and frequently lectures on surety issues.

    Omar J. Harb

    Shareholder, Law firm of Alber Frank, PC

    Omar J. Harb is a shareholder in the law firm of Alber Frank, PC in Troy, Michigan.  Harb is licensed to practice in Michigan and is admitted to the United States District Courts for the Eastern and Western Districts of Michigan, as well as the Sixth Circuit Court of Appeals. Harb graduated from Cornell University in 1991, and thereafter received a Juris Doctorate, Cum Laude, in 1994 from the University of Michigan Law School.

    Harb’s practice primarily involves contract and commercial surety matters, including probate and notary bond claims and litigation. His practice also includes fidelity law, as well as salvage and indemnity issues on behalf of sureties. Harb previously served as Website Coordinator and as a Co-Chair of the Fidelity and Surety Law Committee’s Technology Division, within the Tort Trial and Insurance Practice Section of the American Bar Association, and is currently an Editor-in-Chief of the FSLC Newsletter.  Harb is a frequent author and speaker on various fidelity and contract and commercial surety topics.