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  • Mechanics’ Lien Discharge Bonds - The Substitutes of the Surety World

    Contains 3 Component(s) Recorded On: 04/09/2019

    Mechanics’ lien discharge bonds are the substitutes of the surety world. They substitute for a previously filed mechanics’ lien, providing relief to owners and contractors alike from the onerous procedures, rules, and remedies that such liens carry with them. They may also provide added time to negotiate a settlement by substituting their own statutes of limitations. While mechanics’ lien discharge bonds are not without their risks, they offer a satisfying alternative in that owners and other stakeholders can insulate their property interests from foreclosure, while contractors have a simpler alternative to recovery than foreclosure. During this virtual seminar, we will take a look a mechanics’ liens and mechanics’ lien discharge bonds. Our speaker Mike Pipkin a partner at the Dallas office of the law firm of Weinstein Radcliff Pipkin LLP, will review real-world examples and examine the risks, rewards, and alternatives to mechanics’ lien discharge bonds.

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    Mechanics’ lien discharge bonds are the substitutes of the surety world. They substitute for a previously filed mechanics’ lien, providing relief to owners and contractors alike from the onerous procedures, rules, and remedies that such liens carry with them. They may also provide added time to negotiate a settlement by substituting their own statutes of limitations. While mechanics’ lien discharge bonds are not without their risks, they offer a satisfying alternative in that owners and other stakeholders can insulate their property interests from foreclosure, while contractors have a simpler alternative to recovery than foreclosure. During this virtual seminar, we will take a look a mechanics’ liens and mechanics’ lien discharge bonds. Our speaker Mike Pipkin a partner at the Dallas office of the law firm of Weinstein Radcliff Pipkin LLP, will review real-world examples and examine the risks, rewards, and alternatives to mechanics’ lien discharge bonds.

    Mike Pipkin

    Partner, Weinstein Radcliff Pipkin LLP

    Mike F. Pipkin, Esq. is a partner in the Dallas office of the law firm of Weinstein Radcliff Pipkin LLP, where he provides construction counseling and litigation to sureties, private owners  and developers, contractors, subcontractors, and design professionals. He is a co-editor of Bond Default Manual, 4th Edition, published in May 2015 by the American Bar Association. He serves on the NASBP Attorney Advisory Council.

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    See your success with Old Republic Surety. Success can come from a ferocious appetite to win. Strength helps too. Choose a surety partner with the character to win. We write bid bonds, performance & payment bonds and maintenance bonds in all 50 states. Responsive, Reliable, Respected - Old Republic Surety.

  • ASC 606, Revenue from Contracts with Customers: Impact on the Contractors’ Financial Statements

    Contains 3 Component(s) Recorded On: 03/22/2019

    Learn what surety professionals and their contractor clients need to know about the FASB revised revenue recognition standard by looking at the new guidance given in the ASC 606. During this seminar presenters will examine the impact on financial statements and footnotes, outline presentation and disclosure requirements, and give a five-step process to revenue recognition in light of the ASC 606. The discussion will be further illuminated through examples illustrating what these changes will look like.

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    Learn what surety professionals and their contractor clients need to know about the FASB revised revenue recognition standard by looking at the new guidance given in the ASC 606. During this seminar presenters will examine the impact on financial statements and footnotes, outline presentation and disclosure requirements, and give a five-step process to revenue recognition in light of the ASC 606. The discussion will be further illuminated through examples illustrating what these changes will look like.

     This evolving 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

    Teresa Arrighi-Campbell

    Managing Principal, Construction and Real Estate

    Teresa joined CLA as the managing principal for the construction and real estate practice of the Southwest in January 2017. She started her career in public accounting with GALLINA in 1984. She has served clients for over three decades by focusing on the unique needs and challenges of construction and real estate companies. In her own words, she provides auditing, accounting, tax, and consulting services to CLA's clients with an emphasis in the Southwest region.

    Teresa's interest in the industry began with her family's construction company and real estate ventures. She has put that knowledge to use in her accounting practice working in all facets of the construction industry and related industries of mining, real estate development, mini-storages, and construction material manufacturers. Additionally, Teresa consults on mergers and acquisitions, business organization, continuation and valuation, and estate planning. She has served as an expert in construction litigation.

    Julian M. Xavier

    Principal-In-Charge of CliftonLarsonAllen LLP's Walnut Creek office.

    Julian is the Principal-In-Charge of CliftonLarsonAllen LLP's Walnut Creek office. He is a member of the firm's Executive Leadership Team for the Construction Industry group and has over three decades of experience in accounting in the construction industry. Before joining CliftonLarsonAllen, Julian spent time as a controller with a large general contractor based out of Northern California.

    Julian is a member of the AICPA, California Society of Certified Public Accountants, Construction Financial Management Association and a member of the CPA Advisory Council to the National Association of Surety Bond Producers.  Julian is also a member of the AICPA's National Construction Industry Conference Planning Committee.

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    See your success with Old Republic Surety. Success can come from a ferocious appetite to win. Strength helps too. Choose a surety partner with the character to win. We write bid bonds, performance & payment bonds and maintenance bonds in all 50 states. Responsive, Reliable, Respected - Old Republic Surety.

  • The Evolving Role of the Construction CFO And How It Can Impact Surety Credit Capacity

    Contains 3 Component(s)

    The ever-changing construction industry is creating an environment where the construction CFO is challenged to take on increasing responsibilities. Gone are the days when the CFO was a trusted family member who was good with numbers and could be trusted. Today’s construction CFO must face the new challenges in financial reporting and increasingly is forced to the front lines of Technology, Compliance, Human Resources and other critical issues. In this session, we will discuss with you the impression vs. the reality of what is expected and needed from this critical management position. As surety professionals and business advisers to your construction partners its important to have a strong understanding of how this critical position within their organization, which can impact surety credit capacity, has changed.

    The ever-changing construction industry is creating an environment where the construction CFO is challenged to take on increasing responsibilities. Gone are the days when the CFO was a trusted family member who was good with numbers and could be trusted. Today’s construction CFO must face the new challenges in financial reporting and increasingly is forced to the front lines of Technology, Compliance, Human Resources and other critical issues. In this session, we will discuss with you the impression vs. the reality of what is expected and needed from this critical management position. As surety professionals and business advisers to your construction partners its important to have a strong understanding of how this critical position within their organization, which can impact surety credit capacity, has changed. 

    Jack Callahan

    CPA, Partner - Construction Industry Leader

    With more than 25 years of experience, Jack Callahan leads CohnReznick’s Construction Industry Practice. He has significant knowledge and experience in accounting, corporate taxation and business consulting matters within the construction community. Callahan serves clients in most construction sectors, including heavy highway, general contractors, construction management, specialty contractors, building trades, and building supply and equipment companies. He has worked extensively with public agencies and major construction owners to develop successful fiscal and integrity monitoring programs that enable contractors to improve the profitability, safety, and integrity of construction programs. He was a lead partner for CohnReznick on the monitoring and investigative work performed at Ground Zero and at the new World Trade Center Transportation Hub.  

     Callahan joined CohnReznick in August 2005 after serving as the managing shareholder of a leading private New Jersey accounting firm. He began his career with a national accounting firm and founded his own firm in 1996. As the managing shareholder for that firm, Callahan built the company into a 16-person accounting and consulting firm focused on serving the needs of the construction industry.  

     Callahan is an active member of many industry associations and has written a variety of construction - related accounting, tax, and business articles.

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    See your success with Old Republic Surety. Success can come from a ferocious appetite to win. Strength helps too. Choose a surety partner with the character to win. We write bid bonds, performance & payment bonds and maintenance bonds in all 50 states. Responsive, Reliable, Respected - Old Republic Surety.


  • Captive Insurance & Bonding: A Deeper Dive

    Contains 3 Component(s) Recorded On: 02/20/2019

    In this session, speaker and innovator in the captive insurance industry Brandon White​, will look deep into the Captive Universe. We will explore the uses of captive insurance vehicles and how organizations are using them for bonding purposes. We will also discuss the impact of captives that are outside of the bonding program and how best to work alongside and what counsel to give your clients around the benefits and drawbacks of the captive structure in their business.

    In this session, speaker and innovator in the captive insurance industry Brandon White, will look deep into the Captive Universe. We will explore the uses of captive insurance vehicles and how organizations are using them for bonding purposes. We will also discuss the impact of captives that are outside of the bonding program and how best to work alongside and what counsel to give your clients around the benefits and drawbacks of the captive structure in their business. 

    Brandon White

    Founder/President

    Brandon M. White, CIC, CRM, CWCA has sparked innovation in the captive insurance industry since 2003, working with the most forward-thinking risk management focused firms throughout the United States and Canada. He has been hired to speak across the globe on captive insurance structures because of his holistic view of risk management philosophy and his expertise in simplifying the complexity of the concept. Having worked with over 400 executive teams in the creation of their captive insurance program, he brings real-world, independent expertise to any discussion on the topic. Brandon has worked with firms in eleven countries and 47 US states on the topic of alternative risk.

    Upon graduating from the University of Kentucky with a BA in Integrated Strategic Communications, where he was a student-athlete on scholarship for American football, Brandon immersed himself in the risk management arena while working in the oil/gas industry with one of the largest direct insurance writers in the niche. While working on the insurance company side of the industry, he completed a 10-month classroom training program on insurance contracts and various risk management philosophies where he was first exposed to the concept of alternative risk financing and it’s many variables. It was here that Brandon was the architect of one of the first energy-focused off shore captive insurance programs of its kind. It is still successful to this day.

    Following up on this success, Brandon shifted his career to become a Practice Leader for one of the top five global brokerage firms. In this time, he worked with several Fortune 100 clients in the creation of their alternative risk financing strategies. Programs designed in this time included captives, dividend, quota share, retro, and large deductible structures of various types.

    In 2011, seeing a gap in the marketplace, Brandon founded the independent captive consultancy, Ambassador Captive Solutions (ACS). Since its beginnings, ACS has innovated in the captive insurance industry by bringing an independent, third-party approach to the creation stage of a captive program. Through an unparalleled network of captive managers, actuaries, attorneys and reinsurance facilities, ACS advises clients on the best captive structure to meet the strategic risk management needs of their large corporate clientele. With expertise that spans the captive insurance spectrum including single parent, sponsored cell, group or the 831(b) election, ACS has been the architect of over four hundred captive programs for their clients.

    In 2015, 2016 & 2017, Captive Review magazine in the United Kingdom honored Ambassador as one of three global finalists for its annual “Captive Innovation” award.

    Brandon lives in Louisville, KY where he serves his community through being a youth leader at his church, serving on the regional council for the Boy Scouts of America, founding a youth football organization that caters to low-income families, and through coaching various sports at the YMCA. He is driven by his wife and two young sons. 

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    See your success with Old Republic Surety. Success can come from a ferocious appetite to win. Strength helps too. Choose a surety partner with the character to win. We write bid bonds, performance & payment bonds and maintenance bonds in all 50 states. Responsive, Reliable, Respected - Old Republic Surety.

  • Bid Protest: When to Protest and When Not to Protest

    Contains 3 Component(s)

    Government contracts, bid protests are on the rise. And, bid protests are a critical tool in the toolbox of every construction contractor that operates in the federal sector. Accordingly, contractors and their surety advisers must understand the contractors’ rights and obligations in order to make decisions that are in the best interests of their company. On this virtual seminar experienced government contracts attorney, Barron Avery will address the factors contractors should consider when awards go to competitors, and they are weighing whether to protest.

    Government contracts, bid protests are on the rise. And, bid protests are a critical tool in the toolbox of every construction contractor that operates in the federal sector. Accordingly, contractors and their surety advisers must understand the contractors’ rights and obligations in order to make decisions that are in the best interests of their company. On this virtual seminar experienced government contracts attorney Barron Avery will address the factors contractors should consider when awards go to competitors, and they are weighing  whether to protest.

    This important 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

    Sponsored by: Old Republic Surety

    Barron Avery, Esq.

    Partner

    W. Barron A. Avery is counsel at Baker & Hostetler LLP in Washington, DC, where he counsels and represents government contractors and subcontractors in a wide range of matters involving all aspects of federal government contracting. With substantial knowledge of the rules and regulations that drive the government contracts industry, Avery provides knowledgeable day-to-day advice and counseling to clients faced with government contracting matters.

    In addition to his counseling practice, Avery has extensive experience litigating matters on behalf of government contractors and subcontractors. Avery regularly brings and defends bid protests at the Government Accountability Office and the Court of Federal Claims, representing clients in a wide range of industries, including construction. He also has significant experience litigating contract disputes before the Court of Federal Claims and the boards of contract appeals, particularly the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals, as well as resolving disputes between prime contractors and subcontractors in federal district court and through alternative dispute resolution.

    Avery received a BA from Hampden-Sydney College and a JD, cum laude, from Georgetown University Law Center. He is a member of the Virginia and District of Columbia bars.

    William B. O'Reilly

    Associate

    William is a member of the firm’s Government Contracts team, William O’Reilly assists clients with all phases of government contracting and subcontracting, from contract formation and bid protests to performance counseling, as well as internal investigations and remediation. He has a range of experience in litigation and arbitration matters before all manner of courts and administrative tribunals. William’s multidisciplinary background allows him to take a unique approach to all of his clients’ situations, utilizing his insight and varied experience. 

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    See your success with Old Republic Surety. Success can come from a ferocious appetite to win. Strength helps too. Choose a surety partner with the character to win. We write bid bonds, performance & payment bonds and maintenance bonds in all 50 states. Responsive, Reliable, Respected - Old Republic Surety.


  • Construction Industry Dispute Resolution and Avoidance Tools – and the Implications for Bond Principals, Producers and Underwriters

    Contains 3 Component(s) Recorded On: 12/18/2018

    This NASBP Virtual Seminar will provide an overview of construction industry dispute resolution and avoidance tools. Presenter Steve Nelson, will dive into some of the trends and improvements in the traditional dispute resolution processes, such as step negotiation, litigation, arbitration, and mediation. As well as take a look at some of the lesser known tools like Dispute Review Boards, and the increasingly popular use of Standing Neutrals and Neutral Evaluators, with comments on how the use of these tools might change the risk profile of a project and bond underwriting requirements for those projects. In short, we will take a look at what works, what doesn’t, what’s new, and what’s trending in this arena and what that means for bond principals, producers and underwriters.

    This NASBP Virtual Seminar will provide an overview of construction industry dispute resolution and avoidance tools. Presenter Steve Nelson, will dive into some of the trends and improvements in the traditional dispute resolution processes, such as step negotiation, litigation, arbitration, and mediation. As well as take a look at some of the lesser known tools like Dispute Review Boards, and the increasingly popular use of Standing Neutrals and Neutral Evaluators, with comments on how the use of these tools might change the risk profile of a project and bond underwriting requirements for those projects. In short, we will take a look at what works, what doesn’t, what’s new, and what’s trending in this arena and what that means for bond principals, producers and underwriters.

    This evolving 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

    Steve Nelson

    Executive Vice President and General Counsel, SureTec Insurance Company and President, SureTec Information Systems

    Steve Nelson is Executive Vice President and General Counsel, SureTec Insurance Company and President, SureTec Information Systems, Inc. in Austin, TX. He joined SureTec Insurance Company, a regional surety company, and SureTec Information Systems, Inc., a construction financial services and risk consulting company, in 2001 after six years as CEO of Faulkner Construction Company, a large construction firm headquartered in Austin, TX. At Faulkner, Mr. Nelson e was part of executive management and de facto general counsel for sister companies involved in real estate development and the mechanical, stone and tile, road and bridge, and concrete - pumping businesses.


  • The SBA Today: It's Not Your Grandfather's Bond Guarantee Program

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

    The U.S. Small Business Administration's Surety Bond Guarantee Program (SBG) is vastly different today from the one that began in 1971. Until a decade ago users found the SBG Program to be paper intensive, time consuming, and sometimes frustrating. Today the SBG Program is fast, simple, and streamlined with a paperless, web-based application process that requires only two or three forms beyond the typical surety underwriting package and provides approvals in time frames from just a few hours to less than two days.

    The U.S. Small Business Administration's Surety Bond Guarantee Program (SBG) is vastly different today from the one that began in 1971. Until a decade ago users found the SBG Program to be paper intensive, time consuming, and sometimes frustrating. Today the SBG Program is fast, simple, and streamlined with a paperless, web-based application process that requires only two or three forms beyond the typical surety underwriting package and provides approvals in time frames from just a few hours to less than two days.

    Tamara Murray

    Underwriting & Marketing Specialist, U.S. Small Business Administration, Surety Bond Guarantee Program

    Tamara E. Murray is the Underwriting & Marketing Specialist for the U.S. Small Business Administration’s Surety Bond Guarantee Program in Denver, Colorado. Tamara joined SBA in 2007 and is responsible for marketing and outreach to the surety and small business community and underwriting review and approval of contract bond guarantee applications for an 18-state territory. Tamara works closely with bond agents and surety companies who provide over $6 billion in bond guarantees to small businesses annually. Her marketing efforts on behalf of SBA’s Bond Guarantee Program resulted in the publication of a professional article in the December 2014 issue of The Risk Management Association Journal entitled “Minimizing Contractor Defaults: SBA Surety Bond Guarantee Can Open Door to Bonding”.

    Ms. Murray began her career in the surety industry in 1990 as the bond manager for a small independent bonding agency in Fort Worth, Texas and continued her surety career in Denver, Colorado as a contract bond underwriter for a small regional surety before joining the federal government. 

     Ms. Murray received her Associates degree in Accounting and Finance in 2000 from Tarrant County College and is currently attending Colorado State University working on her Bachelor’s in Marketing. Tamara resides in Brighton, Colorado where she enjoys gardening for flora and fauna and spending time with her granddaughter.

  • Best Practices for Documenting Claims and Avoiding Risk

    Contains 3 Component(s)

    S. Gregory Joy, a partner in the Washington, D.C. and Atlanta offices of Smith, Currie & Hancock, will explain how contractors can document claims and avoid risk. Joy has helped contractors to obtain or maintain federal, state and local contracts through bid protests and Small Business Administration size protests. In addition, Joy has successfully defended contractors whose accepted bids for contracts have been challenged.

    S. Gregory Joy, a partner in the Washington, D.C. and Atlanta offices of Smith, Currie & Hancock, will explain how contractors can document claims and avoid risk. Joy has helped contractors to obtain or maintain federal, state and local contracts through bid protests and Small Business Administration size protests. In addition, Joy has successfully defended contractors whose accepted bids for contracts have been challenged.

    S. Gregory Joy

    Partner, Smith, Currie & Hancock LLP, Washington, D.C. and Atlanta, GA

    S. Gregory Joy is a partner in the Washington, D.C. and the Atlanta offices of Smith, Currie & Hancock LLP. Gregg has divided his practice between public and private contracting, having handled hundreds of construction, commercial and government contracts cases since 1984.  Gregg has represented owners, prime contractors, subcontractors and suppliers throughout the United States, as well as the Caribbean, South America, Saudi Arabia and Guantanamo Bay, Cuba. He has represented clients on projects including public transit systems, hospitals, courthouses, schools, university buildings, office buildings, churches, casinos, steel mill, public park, public flood control, U.S. Navy wharf, federal and state military training facilities, federal air traffic control facility, water and wastewater treatment facilities, water and sewer utilities, warehouses, condominiums and apartment construction projects. He has also represented concessionaires and service contractors on federal, state and local contracts including maintenance, food services, refuse collection and disposal, laundry services and other services.

    Gregg has represented clients pursuing and defending against claims in federal and state courts, boards of contract appeals, administrative proceedings, arbitrations and mediations throughout the United States, placing an emphasis on trying to resolve claims to try to minimize risks and costs. He has also helped contractors to obtain or maintain federal, state and local contracts through bid protests and SBA size protests and has successfully defended contractors whose accepted bids for contracts have been challenged. Gregg also has had extensive experience with mechanics’ lien and public bond matters throughout the United States, and he has assisted in writing portions of the Georgia mechanics’ and materialmen’s lien and public works bond laws.

  • 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.