A Trilogy of Increasing Contract Surety Risks – Automatic Penalty Increases, Venue after Atlantic Marine, and Supplementation vs. Termination

Jonathan Bondy is a member of Chiesa Shahinian & Giantomasi PC, with offices in New York City and West Orange, New Jersey. He received a B.S. in Economics from the Wharton School of Business of the University of Pennsylvania in 1988, and a J.D. degree in 1991 from the Benjamin N. Cardozo School of Law, Yeshiva University. A former Assistant District Attorney in Brooklyn, New York, he concentrates his practice in surety law and construction litigation, and has spoken on surety and construction law issues before the Fidelity and Surety Law Committee of the ABA, the Surety & Fidelity Claims Institute, and the Northeast Surety & Fidelity Claims Conference.

Jay M. Mann is an attorney with the Jennings, Strouss & Salmon, PLC law firm in Phoenix, Arizona, where he practices in the areas of construction, surety and business litigation. Mr. Mann received his B.A. degree from the University of Illinois in 1972, and his J.D. degree from Loyola University (Chicago) School of Law in 1975. Mr. Mann is a member of the American Bar Association, TIPS Fidelity & Surety Law Committee (current Vice Chair) and Forum on the Construction Industry. He is also a member of the American Arbitration Association, Construction and Complex Case Panels of Arbitrators and Construction Panel of Mediators, and a Judge Pro Tempore of the Superior Court of Maricopa County, Arizona. Mr. Mann also teaches as an Adjunct Professor at Arizona State University Law School. Mr. Mann is an AV Preeminent rated lawyer (highest rating) by Martindale Hubbell, and has been selected for recognition by Super Lawyers, The Best Lawyers in America, and Arizona’s Finest Lawyers organizations. Mr. Mann has authored numerous published articles and is a frequent speaker at seminars on construction, surety and other litigation-related topics.

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.

Richard Tasker is President of Sage Associates, Inc., a construction and surety consulting firm with offices in the west and southwest. He is a graduate of Syracuse University, the State University of New York, and has an MBA from Florida Atlantic University. He has run the firm for more than 25 years and has provided services to nearly all of the country’s 30 largest Sureties. He is also President of Sage Contractor Services, an “A” licensed General Contractor.