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  • 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.

  • Shedding Light on Surety in the World of Solar Power

    Contains 3 Component(s) Recorded On: 07/10/2018

    Solar contractors are very good at installing and operating photovoltaic systems but are often in the dark when it comes to understanding the surety bonds they are required to have for their projects. This NASBP Virtual Seminar covers the nuances and idiosyncrasies of surety bonds in the solar power space. Participants will learn how to help a client or prospect understand their own bonding needs.

    Solar contractors are very good at installing and operating photovoltaic systems but are often in the dark when it comes to understanding the surety bonds they are required to have for their projects. This NASBP Virtual Seminar covers the nuances and idiosyncrasies of surety bonds in the solar power space.  Participants will learn how to help a client or prospect understand their own bonding needs.

    Nathan Wonder

    Surety Account Executive, Brown & Brown Northwest

    Nathan Wonder is the Surety Account Executive at Brown & Brown Northwest in Portland, Oregon. Working with clients across the country, Nathan specializes in building new bond programs for clients in the renewable energy sector while also maintaining bond portfolios for public entities and traditional construction contractors.

  • Improving Contractors’ Bottom Line: Job Cost and Overhead, Old and New Rules

    Contains 3 Component(s) Recorded On: 06/26/2018

    This NASBP Virtual Seminar will examine the accounting standards treatment for direct and indirect job costs that contractors face, including changes under the new revenue recognition rules. Surety professionals and contractors alike will have the opportunity to take a closer look at what should be seen on financial statements, and how paying careful attention to this can help contractors improve their bottom line!

    This NASBP Virtual Seminar will examine the accounting standards treatment for direct and indirect job costs that contractors face, including changes under the new revenue recognition rules. Surety professionals and contractors alike will have the opportunity to take a closer look at what should be seen on financial statements, and how paying careful attention to this can help contractors improve their bottom line!

    Surety professionals like you, are in the business of helping to build strong businesses, this session will arm you with information that you need to foster the success of your clients, Be guaranteed to succeed!  

    This is also an exciting opportunity for surety professionals to host NASBP Virtual Seminars for your construction clients or to share the information on how they too can register to participate in the live or recorded seminar.

    R.A. Bobbi Hayes, CPA/CITP/CFF, CVA, CFE, CCIFP, CEPA

    Partner, Carr, Riggs & Ingram, LLC

    R.A. Bobbi Hayes, CPA/CITP/CFF, CVA, CFE, CCIFP, CEPA is a partner at Carr, Riggs & Ingram, LLC, serving as partner-in-charge of consulting services and co-leader of their regional construction services niche. She works with a wide variety of contractors, subcontractors, and professional service firms in the heavy, highway, building, and specialty trade construction markets. Hayes has worked for many years with contractors in management and execution of all levels of attestation, tax, and consulting services and works with all businesses on exit and succession planning, valuation matters, and strategic planning.

    Hayes also supports the construction industry with specialized services in strategic planning, budgeting and business financial planning, accounting cost system implementation, business process streamlining, construction cost training, forensic accounting and litigation support, business exit and succession planning, and business valuation services.

     Hayes received a BBA, with a concentration in accounting, from the University of New Mexico, with distinction. She serves on the board of Associated Builders and Contractors of New Mexico and as Vice-Chair of the Associate Affiliate Council of the Associated Contractors of New Mexico (highway contractors). Hayes is also involved in the local chapter of the CFMA. She was honored as a “Woman to Watch” by the AICPA in 2005.

  • Succession Planning: A Deep Dive into Buy-Sell Agreements

    Contains 3 Component(s) Recorded On: 05/22/2018

    A buy-sell agreement provides for continuity of ownership and management. It also protects the assets of the company and the owners. In this Virtual Seminar, we’ll take a deep dive into succession planning with a focus on structuring a buy-sell agreement discussing its elements, including triggering events, funding and valuation provisions. We’ll also review common (and costly!) mistakes and discuss unique considerations for construction firms, that surety professionals should be aware of. This is an exciting opportunity for surety professionals to host NASBP Virtual Seminars for your construction clients or to share the information on how they too can register to participate in the live or recorded seminar.

    A buy-sell agreement provides for continuity of ownership and management. It also protects the assets of the company and the owners. In this Virtual Seminar, we’ll take a deep dive into succession planning with a focus on structuring a buy-sell agreement discussing its elements, including triggering events, funding and valuation provisions. We’ll also review common (and costly!) mistakes and discuss unique considerations for construction firms, that surety professionals should be aware of.

    This is an exciting opportunity for surety professionals to host NASBP Virtual Seminars for your construction clients or to share the information on how they too can register to participate in the live or recorded seminar.

    David Jean

    Principal, Albin, Randall & Bennett

    David Jean is a principal at Albin, Randall & Bennett specializing primarily in financial accounting and consulting for construction, manufacturing and real estate development companies. He provides tax, accounting and management advisory services to contractors, manufacturers and developers throughout New England. Mr. Jean also serves as the Managing Partner of New England Funds Control, LLC (NEFC), a wholly-owned subsidiary of ARB. NEFC specializes in providing funds control services for sureties, contractors and banks.

  • Traditions and Innovation: What You Need to Know About Project Delivery Today

    Contains 3 Component(s) Recorded On: 05/08/2018

    The United States construction market continues to thrive. Yet, as always, the manner in which a particular project is financed, designed, built and, ultimately, even operated and maintained, continues to be scrutinized, with more cost-effective and risk-averse options receiving serious consideration. Still, if there is a successful track record on a particular type of project delivery, construction project participants – owners, lenders, sureties, design professionals, construction managers, and general and specialty subcontractors -- are not opposed to utilizing more traditional approaches to build the project.

    The United States construction market continues to thrive.  Yet, as always, the manner in which a particular project is financed, designed, built and, ultimately, even operated and maintained, continues to be scrutinized, with more cost-effective and risk-averse options receiving serious consideration.  Still, if there is a successful track record on a particular type of project delivery, construction project participants  – owners, lenders, sureties, design professionals, construction managers, and general and specialty subcontractors -- are not opposed to utilizing more traditional approaches to build the project.

    This virtual seminar presented by Smith, Currie & Hancock attorneys Scott Walters and Sarah Carpenter will discuss two traditional delivery methods -- Design-Build and Construction Management, at Risk – that continue experiencing strong use in this strong market.  The seminar will also cover two emerging delivery methods, Integrated Project Delivery (IPD) and Design, Build, Finance, Operate, and Maintain (DBFOM), discussing their potential impact to construction delivery team members.

    Sarah Carpenter

    Associate, Washington, D.C. office of Smith Currie

    Sarah Carpenter is an Associate in the Washington, D.C. office of Smith Currie. Sarah practices in the areas of construction law and government contracts with a focus in construction litigation. She has experience in a wide variety of construction matters in state and federal courts, federal boards of contract appeals, mediations, and arbitrations involving changes, schedule delays and acceleration, defects, differing site conditions, payment disputes, and contract terminations. Sarah comes to Smith Currie as a University of Florida Levin College of Law alumnus with prior experience practicing in the State of Florida. 

    Scott Walters

    Partner, Atlanta office of Smith Currie

    Scott Walters is a Partner in the Atlanta office of Smith Currie. Scott is also a Civil Engineer.  Before law school, Scott worked as a Project Engineer, Project Manager, and Owner’s Representative on numerous commercial construction and environmental remediation projects. 

    In his legal career, Scott represents contractors, subcontractors, owners, and developers in a wide variety of commercial construction-related cases.  Scott also has extensive experience in drafting complex construction documents for heavy industrial, general commercial, and environmental remediation projects throughout the country.

    Scott is active in construction industry trade organizations.  He served two terms as Chapter Attorney for Associated Builders and Contractors of Georgia, Inc., and now serves as a member of the Board of Directors.  Scott also serves on the Attorney Advisory Council for the National Association of Surety Bond Producers.  Scott is also a member of the Atlanta Bar Association’s Construction Law Section. He has also taught classes on Practical Construction Project Documentation, Safety Conscious Work Environment Training, and speaks and writes frequently on a wide range of construction industry legal issues.

  • Impact of Steel and Aluminum Tariffs on Contractor Pricing

    Contains 3 Component(s) Recorded On: 04/24/2018

    On March 8, 2018, the Trump administration imposed a 25% tariff on steel imports and a 10% tariff on aluminum imports. Although the exact impact of these tariffs on the U.S. construction industry is not yet known, many contractors anticipate that the tariffs could significantly increase the cost of steel and aluminum construction materials thereby driving up the contractor's construction costs. This webinar will address the legal and contractual issues that contractors may face as a result of price increases, including the impact of price increases on current contracts, potential legal arguments for equitable adjustments, and negotiating favorable pricing terms on future contracts.

    On March 8, 2018, the Trump administration imposed a 25% tariff on steel imports and a 10% tariff on aluminum imports.  Although the exact impact of these tariffs on the U.S. construction industry is not yet known, many contractors anticipate that the tariffs could significantly increase the cost of steel and aluminum construction materials thereby driving up the contractor's construction costs.  This webinar will address the legal and contractual issues that contractors may face as a result of price increases, including the impact of price increases on current contracts, potential legal arguments for equitable adjustments, and negotiating favorable pricing terms on future contracts.

    This was the second of two Virtual Seminars on the recently announced steel and aluminum tariffs, the first session, "Tariffs - A Moving Target" was held on April 4th and economist Christopher Kuehl, walked through the latest on the steel and aluminum tariffs. 

    Levi W. Barrett

    Senior Associate, Construction Transactions Group, Peckar & Abramson, PC, New York

    Levi W. Barrett is a Senior Associate in the construction transactions group at Peckar & Abramson, PC, in New York, New York. His practice focuses on all aspects of public and private construction contracts, including contract negotiation, dispute avoidance, and contract administration.  Mr. Barrett frequently advises owners and general contractors in connection with large-scale domestic and international construction projects.  He also has extensive experience representing contractors in complex disputes and construction claims. He has served the ABA Forum on Construction Law as a member of its Division 13 (Government Contracting) Steering Committee, and as a speaker and editor.  Mr. Barrett is also involved with the Associated General Contractors of America (AGC).  He is a member of the AGC's Contract Documents and Alternative Documents committees and actively participates in drafting and revising ConsensusDocs construction contracts and is a frequent contributor to the AGC's publications.  He graduated with a degree in economics from San Francisco State University, and obtained his law degree from Syracuse University College of Law.

    Lori Ann Lange

    Partner, Peckar & Abramson, P.C., Washington, D.C.

    Lori Ann Lange is a partner in the Washington, D.C. office of the law firm of Peckar & Abramson, P.C., where she specializes in government contract law, bid protests, and corporate compliance counseling.  Ms. Lange represents a range of government contractors, including construction contractors, major defense contractors, informational technology contractors, and service contractors in all aspects of contracting with the federal government.