Recordings

Each recording is $69 except for the complimentary recordings.

• 12 in ‘12: Twelve Action Items to Make Your 2012 an Extraordinary Year - December 2011
• Pay When/If Paid Clauses – What You Really Need to Know - November 2011
• 2012 AEC Industry Outlook and Economic Trends: Slow going but some are growing! - November 2011
• The Company You Keep: Affiliation Implications for Federal Set-Aside Contracts - October 2011
• Understanding the Risks and Opportunities in Underwriting Employee Stock Ownership Plan Companies (ESOPs) - October 2011
• Negotiating Skills: Get What You Need Without the Sleepless Nights - September 2011
• Payment and Performance Bond Issues Associated with Federal Contracts - September 2011
• Technology: A Way to Increase Sales and Efficiency - August 2011
• Managing the Complex Performance Bond Claim - Medic or Mortician - July 2011
• ACORD Certificate Changes for Dummies: What has changed and what you need to know - July 2011
• Responsibilities for Crane Operations in Construction: Regulations, Standards, and Liability - June 2011
• Bid Proposal Errors - June 2011
• Funds Control: How to become an Underwriter Survivalist - May 2011
• Commercial Surety Bankruptcy – What Agents, Brokers and Underwriters Need to Know - April 2011
• Selling in the New Economy: The Three Things Bond Producers Need to Do to Be Successful in Today’s Marketplace - April 2011
• Individual Surety Bonds on Federal Construction Contracts - March 2011
• Understanding and Underwriting Court Bonds: Current Requirements and Opportunities - March 2011
• What About This Credit Crunch: Reality or a Difference of Opinion? - February 2011
• Integrated Project Delivery: Developments in Design Liability Insurance and Risk Management - February 2011
• A Sustainable/Green Construction Update: The LEED Process 101 - January 2011
• ERM- Managing At The Speed of Risk - December 2010
• Customs Bonds in Today’s Environment - November 2010
• Construction Outlook for 2010-2011: Activity and Trends - November 2010
• A Contractor’s Perspective on Public-Private Partnerships: Opportunities and Pitfalls - October 2010
• Financial Reporting: Helping Your Clients Put Their Best Foot Forward - September 2010
• Mortgage Broker Bonds: Legal Changes and Business Implications for Producers - August 2010
• Onerous Contract Terms: Damages, Performance Guarantees, Default Triggers, and Other Contract Nasties - August 2010
• Getting Ahead of the Wave of Claims: Understanding Dispute Resolution Options - July 2010
• Bonding Reservation Projects and Tribal and Indian-Owned Construction Firms - July 2010
• The New AIA Bonds: What Surety Professionals Need to Know - June 2010
• The Federal False Claims Act - June 2010
• Gap Financing: An Underwriter's Perspective - May 2010
• Succession Planning: A Priority for Your Agency and for your Clients too! - May 2010
• Creating and Sustaining a Sales Culture that Promotes Your Brand and Your Business Objectives - April 2010
• Federal Contracting Opportunities: Small Business is Big Business - March 2010
• Fraud Prevention: Helping Your Clients Improve Internal Controls - March 2010
• 2009 Tax Law Changes Affecting Businesses - February 2010
• Agency Profitability: MarshBerry Benchmarking Results - January 2010
• Strategic Planning in a Volatile Business Environment - November 2009
• The Risks Unique to Green Building: What Bond Producers and Sureties Need to Know - October 2009
• Financial Reporting: Helping Your Clients Get it Right - October 2009
• Marketing Strategies for Commercial Surety That Produce Results - September 2009
• Ten Steps to a More Profitable Construction Company - August 2009
• Surety Claims: What are Companies Seeing Today and What's on the Horizon? - July 2009
   
  

COMPLIMENTARY VIRTUAL SEMINAR RECORDING DOWNLOADS

• Update on Recent FASB Projects of Interest to the Construction Industry, Sureties, and Auditors - August 2011
• Proposed FASB Revenue Recognition Rules: What Surety Professionals and Their Contractor Clients Need to Know - September 2010
• IASB & FASB Proposed Rules on Multi-Employer Pension Plans - September 2010
• New Enhancements to the SBA Surety Bond Guarantee Program - May 2009
  

12 in ‘12: Twelve Action Items to Make Your 2012 an Extraordinary Year (December 2011)

Successful brokers share many of the same traits and habits in their continual quest for extraordinary results. In this presentation we will discuss 12 key action items that can make 2012 your best year ever. We will look at: 

• Developing a formula for success for prospecting 
• Qualifying "true" opportunities 
• Creating a Pipeline vs. a Pipedream 
• Generating all the referrals you desire 
• How to be more consistent in your prospecting efforts
  

At this time of year when you are finalizing your business plan for 2012 you won’t want t miss this opportunity to learn what the most successful brokers are doing to guarantee their success.

Chris Carlson is a Sales Force Development Consultant with Anthony Cole Training Group, a firm that specializes in helping sales organizations grow revenue with its innovative “Sales Leadership Environment” program. He specializes in working with presidents, CEOs and sales leaders who are committed to achieving extraordinary results. Chris has over 27 years of sales, sales management and sales development experience. His front line experience allows him to relate strongly to his clients and deliver a message that resonates with all levels in the sales organization. Chris presents to over 100 groups each year, focusing his message on sales development, sales leadership development and the best practices for hiring sales superstars. He is a graduate of Mercer University and spent four years as an officer in the United States Army. 

Lawrence F. McMahon is Senior Vice President and Surety Manager for Alliant Insurance Services, Inc., one of the country’s largest insurance brokerage firms. Since joining Alliant in 2000, he has been instrumental in developing the surety department and managing a number of large surety placements. He works closely with, and provides expert advice on surety to the Alliant Construction Unit and Alliant Public Entity Group. 

Larry is NASBP Third Vice President. He has been a faculty member of the William J. Angell Surety School since 2000. He helped develop the curriculum for the NASBP Sales Workshop for Bond Producers and is a key instructor. Larry serves on a number of NASBP committees and is active in construction industry organizations including the Engineering & General Contractors Association and the San Diego Chapter of Associated General Contractors of America. In 2002, he received the San Diego AGC Chapter’s Affiliate of the Year Award for demonstrating exemplary skill, integrity, and responsibility.

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Pay When/If Paid Clauses – What You Really Need to Know (November 2011)

Many Subcontract Agreements contain a provision that conditions the payment to the subcontractor on the general contractor’s receipt of payment from the project owner – so called “pay when paid” and “pay if paid” clauses. In the excitement surrounding the signing of a new contract, these clauses can often be overlooked and later when problems arise on the project, these clauses can be devastating the finances of a subcontractor.

This presentation will: 

• Review the history of Pay when Paid and Pay if Paid clauses 
• Provide tips on how to spot them 
• Discuss the effects of such a clause when there is a performance or payment bond claim 
• Suggest ideas on how to advise your bond principal and customer.
  

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

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

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2012 AEC Industry Outlook and Economic Trends: Slow going but some are growing! (November 2011)

How is it some AEC firms (and those who provide project bonding) continue to grow in spite of “slow going” market conditions? Seeking out “opportunity pockets” across the US, going deeper with existing relationships and wider in new markets, while adapting to strategic trends shaping US construction are at the center of what’s driving today’s successful firms. Backed by McGraw-Hill Construction’s 40 years of research experience, Rusty Sherwood’s presentation will deliver perspective on where US construction is heading in 2012, what’s changing in the way of project attributes, productivity, project financing and firm characteristics, and what this all means to finding & winning work, and exceeding customer (and firm) expectations. 

Mark F. (Rusty) Sherwood is Vice President, National Sales at McGraw-Hill Construction, an organization backed by the power of Dodge, Dodge Analytics, Dodge PDM, Architectural Record, and Engineering News-Record (ENR). Mr. Sherwood and his team are responsible for leading McGraw-Hill Construction’s (MHC’s) national business development effort, connecting US construction market intelligence, market access and pre-construction productivity solutions with the present and emerging business development, marketing and strategic needs of global A / E / C firms, and the national service organizations and businesses that support them. 

Mr. Sherwood’s construction industry experience spans 29 years, 13 of which have been in sales leadership roles at MHC. Most recently he was vice president of Channel Partnerships and responsible for increasing market share through collaboration with partners, associations, and third parties to reach adjacent markets with MHC’s project, company, construction news, and analytics content. In 2004 he founded MHC’s strategic & emerging markets team, a group created to serve those domestic and international businesses within the finance, insurance, technology, and national equipment and product distribution markets. He has led the development and growth of the Global Accounts team, and is the founder and chair of AEC Business Builder’s Forum, a market insight consortium of senior marketing and business development executives of national and global AEC firms. 


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The Company You Keep: Affiliation Implications for Federal Set-Aside Contracts (October 2011)


This program will provide information regarding Federal Set-Aside Contract Programs and raise awareness of the potential risks that can arise when a large business enterprise works with or becomes involved with a small business enterprise performing work under these Programs. Recent economic conditions have made this an increasingly relevant topic as well as recent revisions to the Small Business Administration’s regulations related to these Programs (effective March 14, 2011). Topics under consideration include:

• Understanding the importance of these programs 
• Overview of the specific programs 
• Guidelines for improper affiliations

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

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

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Understanding the Risks and Opportunities in Underwriting Employee Stock Ownership Plan Companies (ESOPs) (October 2011)


This presentation will outline ESOPs and ESOP underwriting, with a particular attention to answering the following questions: 

• What are the 'red flags' for underwriting ESOP companies? 
• How can you better understand an ESOP company’s balance sheet? 
• How do you analyze free cash flow, including ESOP expense and repurchase obligations in ESOP companies? 
• What are the unique bonding considerations? 
  

Mary Josephs, with colleagues John Solimine and Neal Hawkins, will share their perspectives from decades of structuring, advising, and underwriting ESOPs in the C&E space. They will be joined by Bill Waters who will add the voice of the experienced surety.

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

Ms. Josephs founded the ESOP group at LaSalle National Bank, co-founded and launched a leading ESOP Advisory practice for ABN AMRO LaSalle Corporate Finance. Upon LaSalle’s acquisition by Bank of America she led the ESOP Solutions Group for all of Bank of America-Merrill Lynch. Ms. Josephs is chair of The ESOP Association’s Finance Advisory Committee, a member of The ESOP Association’s Board of Directors, board member of The National Center for Employee Ownership, Advisory Board member for Employee-Owned S Corporations of Am

William P. Waters is Vice President of Contract Surety Underwriting for CNA Surety. He began his surety career in 1978 and worked for three major sureties in New York and Indiana before moving to Chicago and joining CNA. Mr. Waters has been with CNA for 25 years and has served in his current capacity as head of contract underwriting since 2001. He serves on the Small & Emerging Contractors Committee for the Surety & Fidelity Association of America (SFFA) and is a frequent speaker at industry association meetings including NASBP, SFAA, and AGC. 


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Negotiating Skills: Get What You Need Without the Sleepless Nights (September 2011)

You negotiate every day over countless issues, but have you been taught how to do so effectively? Successful negotiating strategies are among the most important skills you need to protect your firm’s interests and manage its risk. In this presentation learn key factors in the art and science of effective negotiating, including why and how to: 

• Select your negotiation team 
• Outline your key objectives 
• Rehearse 
• Make appropriate and timely concessions 
• Recognize when walking away may be your best option 
• Defuse common negotiating tactics 
• Identify and use different personality traits to your advantage.
  

Don’t miss this opportunity to hone your negotiating skills, increase your confidence in a negotiating setting, effectively employ negotiating tactics, and improve your results in both personal and professional negotiations. 

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

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


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Payment and Performance Bond Issues Associated with Federal Contracts (September 2011)

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

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


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Technology: A Way to Increase Sales and Efficiency (August 2011)

While the surety business and industry is all about relationships, technology is an important component to the future of both. Technology will never replace our experience or the relationships we develop with the surety markets and clients, however, it will allow our business and our industry to become more productive, accurate and efficient, which in turn will only strengthen these relationships.

Deborah L. Burton is Assistant Vice President, Surety with Wells Fargo Bond/Construction Department. Her primary focus is commercial surety and the automation of the surety process. Ms. Burton joined Wells Fargo Insurance Services of Kentucky in November, 2004. Her primary focus is on the development and growth of the commercial surety business. She began her insurance career with Lockton Companies of Colorado - Surety Division in 1989 as a Bond Account Executive/Assistant Vice President, handling national contract and commercial surety accounts, as well as local surety clients. 

Ms. Burton serves as Vice-Chairman of the NASBP Automation and Technology Committee. She also serves on the Wells Fargo Technology Committee, Liberty Mutual Insurance Company Automation Producer Council, and Travelers B2B Pilot Program. 

Nick Newton is Vice President at Rudnik Surety, Inc. in Minneapolis which he joined in 2011. He began his surety career with Western Surety Company and United Fire & Casualty Company in marketing and field underwriting positions. In 1996 he switched to the agency side, working for a probate and court bond agent in Minneapolis before starting up Associated Bonding in 2001. 

Mr. Newton is chairman of the NASBP Automation and Technology Committee. He serves on the NASBP Commercial Surety, Ethics, Small and Emerging Business, and Region 5 Steering Committees as well as the Steering Committee for Insurance Automation Group’s Erlon surety product. He has served as president of the Minnesota Surety Association and as president of the Minnesota Association for Guardianship & Conservatorship.

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Update on Recent FASB Projects of Interest to the Construction Industry, Sureties, and Auditors: Developments on the Controversial Revenue Recognition Proposal, Final Action on Multiemployer Defined Benefit Pension Plan Disclosures, and Private Company Financial Reporting Procedural Developments at FASB - COMPLIMENTARY (August 2011)


This presentation will be delivered by key project managers on each of the three issues at FASB, giving the inside details on each project. In addition, surety professional David Lomax from Liberty Mutual, a member of FASB's Private Company Financial Reporting Committee, will offer his professional comments and insight from the perspective of the surety industry and the significance of each FASB project for the surety's clients in the construction industry. Finally, a construction industry representative, John McNerney from the Mechanical Contractors Association of America and a participant in the consultative process with FASB on the Multiemployer Pension Plan Disclosure project, will comment on the positive aspects of FASB's industry outreach and collaborative process. 

You and your clients from the construction industry are invited to participate and learn how these various projects will impact your business. Take-aways from this 90-minute program will be the details of each of the three projects, what stage of development to expect, and where the final requirements are likely to come out. You will hear how the FASB process is changing to accommodate input from private company interests. 

Participants will have the opportunity to vigorously question FASB representatives on the details and impact of each of the three projects. This program is aimed at making sure this will be time well spent for you and your colleagues to gather fresh, relevant, and reliable details directly from the parties involved on important developments in our industry.

Welcome and introduction by Patrick Pribyl, Senior Vice President, Lockton Companies LLC and Chairman, NASBP Industry Relations Committee

Presenters: 
Kenny Bement, FASB Project Manager
Kevin Catalano, FASB Practice Fellow
Bill Hildebrand, FASB Practice Fellow and Project Manager
David Lomax, Assistant Vice President/Underwriting Officer, Liberty Mutual Surety
John McNerney, General Counsel, Mechanical Contractors Association of America

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Managing the Complex Performance Bond Claim - Medic or Mortician (July 2011)
Presented in collaboration with Pearlman Association

Whether it begins as a Friday afternoon request for payroll funding, notification of a contractor's bankruptcy filing or a termination for default, construction performance bond defaults represent one of the most significant areas of exposure for most contract surety companies. How the initial signs and events are interpreted, reacted to and managed by the surety professional frequently become the principal factors in determining the extent and severity of the surety's loss. 

This presentation gives you the inside view on what happens in the surety claim trenches when your account is near or in default or has significant claim activity. Two nationally recognized claims experts will discuss the following: 

• breadth and purposes of the surety's independent investigation 
• parties and contracts that come into play 
• mitigation opportunities and obligations afforded the surety 
• commonly used reprocurement methods 
• claim professionals simultaneous management of loss exposure, litigation, project reprocurement and indemnification at the same time attempting to honor its obligations under its bonds in a timely way. 
  

Rick Levesque, a director with Hartford Bond, has worked in the surety claim industry since 1987, principally in the area of construction performance and payment bonds. He began his surety career after law school, enjoying positions with Reliance Surety, St Paul Fire and Marine and Hartford Bond. He is licensed in Washington and Pennsylvania and holds CPCU, AFSB and AIC designations. Mr. Levesque is a frequent speaker at industry gatherings, a former director of the National Bond Claims Association and the founder and current chairman of the Pearlman Association, a 501(c)(3) surety training organization.


Edward Rubacha is a partner with the Phoenix, Arizona law firm of Jennings, Haug & Cunningham, LLP, practicing in the firm’s Construction and Surety Section. Although well-known for his work with contractors and sureties dealing with tribes and tribal entities, Mr. Rubacha also has represented general surety and construction clients for over twenty years. He is a frequent speaker at various professional organization meetings, including the American Bar Association Forum on Construction, The Pearlman Association, is the author of numerous papers on contracting with tribes and tribal entities, and is a contributing author to the Arizona chapter of “Fifty State Construction Lien and Bond Law” and the “State by State Analysis of Legal Issues Affecting Architects, Engineers, Contractors And Owners,” Aspen Publications


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ACORD Certificate Changes for Dummies: What has changed and what you need to know (July 2011)

ACORD, the licensing company for insurance forms, has amended its certificate requirements. The company has indicated that these changes are in response to concerns raised by various state insurance commissioners that COIs (certificates of insurance) must comply with coverage provided by the insurance policy being represented. The new rules, which are now in effect, govern how insurance brokers and companies issue certificates. 
In this presentation the following will be examined and discussed:

• The issues surrounding the changes 
• What you need to know 
• How you can best advise your clients
  

Don Appleby has been with Willis of Colorado since 1999 after serving nine years in regional and branch surety underwriting positions with the St. Paul Seaboard Surety, and USF&G. With Willis his primary focus is on developing new surety clients, and he serves as a Client Advocate for existing customers. Don is a past president of the Rocky Mountain Surety Association, holds the Associate in Fidelity and Surety Bonding (AFSB) designation, and currently serves as a Regional Director for the National Association of Surety Bond Producers, and the Associate Board of the CCA.


Darrin Weber is President of IMA of Texas, Inc. where he oversees the insurance and surety bond operations for the Dallas office. He is also a member of the board of directors for IMA, Inc. Before joining IMA in 2004, he was with Dodson-Bateman & Company (Arthur J. Gallagher & Company in Chicago and Dallas) where he oversaw construction insurance and surety bond operations. Darrin is chairman of the NASBP Insurance & Risk Management Committee and an active member of Quoin, the Dallas Chapter of the Association of AGC, Associated Builders and Contractors of North Texas, CFMA, and ASA.


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Responsibilities for Crane Operations in Construction: Regulations, Standards, and Liability (June 2011)

This presentation will look at the responsibilities for crane operations in construction under the new OSHA crane regulations and American Society of Mechanical Engineers’ standards, and their impact on litigation. Don’t miss this excellent opportunity to invite your clients and prospective clients to join you in your office to listen to this presentation. This is information that you and your construction contractors need to know.


David A. Johnson is partner in SmithAmundsen’s Chicago office. For over twenty years, he has focused his practice on construction law issues, representing commercial and residential owners, developers, architects, construction managers, general contractors, and specialty subcontractors. He has extensive experience in defending property damage, personal injury, and construction defect claims in mediation, arbitration and litigation. He has prosecuted and defended mechanics lien claims.

Mr. Johnson focuses a segment of his practice on crane accidents involving personal injury, property damage, and product liability. He has extensive training in crane and rigging safety and inspection and is a CIC Certified Rigging/Signalperson. He has presented webinars and seminars on OSHA’s new crane regulations and the ASME B.30.5-2007 mobile crane standards with respect to compliance and responsibilities. 

He is admitted to practice in the State of Illinois, and the United States District Courts for the Northern District of Illinois, the Eastern District of Wisconsin, and the Eastern District of New York, and is a member of the Federal Trial Bar.


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Bid Proposal Errors (June 2011)

When submitting a bid or proposal in response to a Federal solicitation, the bidder or proposer needs to be aware of the “firm bid rule” and most construction bids or proposals require submittal of a bid bond. Key points to be discussed include: 

• What happens if the bid or proposal contains an error? 
• Can the bid or proposal simply be withdrawn or corrected? 
• What is the bid bond surety’s potential liability? 
• What control does the surety have? 
• What is the risk?
  

Steven L. Reed is a partner in the Washington, DC office of Smith, Currie & Hancock LLP. Steve joined Smith Currie in May 2007. Prior to joining the firm, he served as an Administrative Judge, Armed Services Board of Contract Appeals (ASBCA), where he mediated, adjudicated, or otherwise resolved 136 appeals involving all types of Department of Defense, Department of Health and Human Services, NASA, U.S. Postal Service, Department of Justice, Washington Metro, and Panama Canal contracts. In May 2006, Steve retired from ASBCA. In January 2008, he opened Smith Currie’s Washington, DC office. Steve earned his B.S. degree, magna cum laude, from the University of Georgia. He is also a graduate of the University of Georgia School of Law. Prior to entering law school, Steve served on active duty as an Army Field Artillery officer. 

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Funds Control: How to become an Underwriter Survivalist (May 2011)

In this Seminar we will explore the following: 

History of funds control/escrow. Which is it - funds control or escrow? 
What are the qualifications of a funds control company? Are there any special license requirements? 
What factors qualify a contractor for funds control? 
When does funds control not make sense? What are the technical aspects of the project? 
How do I underwrite the contractor and determine if funds control and the use of seed money, hold back, or third party indemnity is an appropriate tool? 
How is the account set up and the money protected? 
What is the procedure for getting paid? 
What is the turnaround time? 
What kinds of reports are available and how do I use these reports?

Michael C. Pecard, Escrow Manager, has been active with North American Construction Services, Inc. since 2003. He is charged with the oversight of construction escrow accounts and the management of the escrow department. He works in conjunction with Sureties and bonding agents nationwide to establish construction escrow accounts. He believes that now is the time that escrow/funds control can really flourish and be a plus in the surety world. He establishes escrow accounts with NACS' partner banks and works with contractors directly on a daily basis processing checks and maintaining escrow accounts. 


Michael D. Williams is President of CCI Surety, Inc. (CCI), a managing general underwriting company (MGU) with significant levels of underwriting authority for several corporate surety companies, with the ability to underwrite nationwide and utilizing many different tools to approve hard-to-place, non-standard, challenged contractor accounts that include U.S. SBA Surety Bond Guarantee Program, collateral, funds control, bond backs, and third party indemnity. He is also President of North American Construction Services, Inc. (NACS), a nationwide surety and non-surety funds control/escrow company incorporated in 1991. Earlier in his career he was with The Aetna Casualty & Surety Company 1982-1989, Amwest Surety Insurance Company 1989-1991, and MGU-The Fairfield Company 1991-1998.

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Commercial Surety Bankruptcy – What Agents, Brokers and Underwriters Need to Know (April 26)

This presentation will address the three stages of the life of a commercial surety bond account as it heads towards and then goes into bankruptcy. The first stage will address the time before the bankruptcy case is filed – the collection of premium; the obtaining of collateral, whether at the time of the execution of the commercial surety bonds or a surety demand to be “placed in funds;” and the renewal and cancellation of commercial surety bonds. The second stage will address the automatic stay and the other protections the commercial surety bond account, now the debtor, obtains on the date of the filing of the bankruptcy petition. Finally, the third stage will address what happens next – the surety’s pre-petition and post-petition claims for information, indemnity and/or reimbursement for loss; the surety’s use of collateral (what collateral, how, when and what for); the cancellation and/or renewal of existing commercial surety bonds and collection of premiums both prior to and after the bankruptcy case is filed; the surety’s post-petition extension of new commercial surety bond credit to the debtor; and the inevitable preference claim against the agent, broker and/or surety for the receipt of pre-petition premiums and/or the obtaining of pre-petition collateral.

George J. Bachrach is a partner in the Baltimore, Maryland law firm of Wright, Constable & Skeen, LLP. He is a graduate of Harvard University, B.A., cum laude, 1971, and Georgetown University Law Center, J.D. 1974. He has represented surety companies in performance bond, payment bond and commercial surety bond claims, workouts and related bankruptcy proceedings for over 36 years. Mr. Bachrach is a former Chair of the ABA/TIPS Fidelity and Surety Law Committee (2001 to 2002), and is a member of the Surety Claims Institute and the National Bond Claims Association among his many surety industry affiliations. He is also a member of the ABA Forum on the Construction Industry. On May 21, 2009, Mr. Bachrach received the ABA/TIPS Fidelity and Surety Law Committee Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law. Mr. Bachrach is a frequent author, editor, program chair and speaker on surety issues, including the surety’s performance bond rights, options and obligations; the surety’s indemnity agreement, subrogation and salvage rights; the surety’s claims investigation rights and claims handling process; and commercial surety and contract surety bankruptcy issues. 


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Selling in the New Economy: The three things Bond Producers need to do to be successful in today’s marketplace (April 2011)

In this seminar we will identify how top bond producers create success in today’s marketplace by examining the three key functions that separate stellar performers from the rest. Jon Dick developed and presented the highly rated NASBP Sales Workshop for Surety Bond Professionals for which he worked with our industry's top producers to unpack the secrets of their success in order to teach us what we can do today to make our professional practice highly successful. 

Jonathan Dick is a presenter, consultant, and strategist specializing in issues of corporate identity and resulting applications for sales force development, long-term cultural change and sustenance, staff development, and change management. He is the lead architect and faculty member of the NASBP Sales Workshop for Surety Bond Professionals. This workshop will be offered twice in 2011. 

Since 2002 Mr. Dick has worked almost exclusively with private companies undergoing long-term market and generational change to help them compete more effectively and develop new market competencies that relate to their core identity. He integrates individual giftedness and corporate identity to build new sales cultures that are sustainable and profitable. Prior to 2002, he worked with Fortune 500 companies to provide strategy and resources for clients and their sales forces.


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Individual Surety Bonds on Federal Construction Contracts (March 2011)

Perhaps your client has tapped out its bondability via corporate surety companies but wants to keep bidding – ever hopeful of obtaining that next job. The client says they know an individual surety who will write the bond at 3.5 - 4% per thousand, but before going along with it they want your advice. While individual sureties are allowed under federal contracts - covered in the Federal Acquisition Regulation, there are many things you and your client need to understand. In this presentation learn about the issues surrounding individual surety bonds, the regulations pertaining to them, and how you can advise your client. 

Robert E. Little, Jr. is a partner at Cohen Seglias and a member of the Federal Contracting Group. He has significant experience in government contracts and government procurement including advising government contracting officers, government program managers, private bidders, and contractors on government acquisition regulations, laws and policies. He has extensive knowledge of Federal Acquisition Regulation (FAR) and its application to government contractors, particularly in the areas of construction, major systems, base operating services and energy.

Mr. Little has more than three decades of experience in the private sector as well as public service with key assignments at U.S. Navy, Air Force and U.S. Government Accountability Office. He formerly served as Senior Associate Counsel, Headquarters, Naval Facilities Engineering Command (NAVFAC) for service supply and construction contracts worldwide. In this role, he worked directly with the Joint Guam Program Office (JGPO) in formulating the Department of Defense (DoD) position in response to Government of Japan (GoJ) questions regarding applicable laws and regulations.

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Understanding and Underwriting Court Bonds: Current Requirements and Opportunities (March 2011)

In this seminar an agent and an underwriter will discuss court bonds in today’s environment. Hear about the types of court bonds now being required and the underwriting guidelines for them. Participants will learn how providing court bonds can help increase agency revenue and build a larger client base.

Dale A. (Dedi) Belis is the Surety Manager for Seitlin Insurance & Advisory Services in South Florida with more than 20 years experience in the South Florida surety market. She specializes in contract surety, as well as large commercial surety accounts with international exposure. Ms. Belis is deputy chair of the NASBP Professional Development Committee and teaches commercial surety at the NASBP William J. Angell Surety School. She serves on the NASBP Commercial Surety Committee and is also a member of the Florida Surety Association, Associated Builders and Contractors and the Construction Association of South Florida. 

Christopher Gagnon is Commercial Underwriting Manager with International Fidelity Insurance Company in Florida. He serves as an officer with the Florida Surety Association and participates to educate and inform the members about bond form issues and contract considerations. Mr. Gagnon has written bonds in all 50 states and has extensive experience with judicial and fiduciary bonds. When he was The Hartford he managed their commercial surety portfolio in Florida and authored a court bond guide for agents and underwriters.


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What About This Credit Crunch: Reality or a Difference of Opinion? (February 2011)

Considered by many to be the worst financial crisis since the 1930s, we have seen a significant decline in economic activity since 2007. Therefore it is no wonder our presenter, an economist and financial services expert, is frequently asked the question, “How long until the credit markets recover?” In this seminar Scott MacDonald begins by looking at what we mean and expect by recovery. If we are looking for the excesses and loose lending standards of the recent past, the answer is “a long time”. However, if we define recovery to mean a more reasonable period of prudent lending, the answer is “much sooner”. In this presentation the nature of this most recent credit crunch is examined in order to gain perspective on the probable availability of credit in the days ahead. 


S. Scott MacDonald is president and CEO of, SW Graduate School of Banking (SWGSB) Foundation, a director of the Assemblies for Bank Directors, and Adjunct Professor of Finance, Cox School of Business, Southern Methodist University. A recipient of numerous teaching and research awards, Dr. MacDonald has been a featured speaker at NASBP Regional Meetings and is a frequent speaker at professional programs, banker associations and banking schools. He is a sought after strategic planning visionary and consultant to the financial services industry. Dr. MacDonald is published in numerous professional academic journals and is co-author of the best selling textbook on banking, Bank Management. 


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Integrated Project Delivery: Developments in Design Liability Insurance and Risk Management (February 2011)

The world of design and construction is changing. No longer are there bright-line divisions between professional services and work. The legal treatment of this fundamental change is unclear. Therefore, the risk - whether covered by insurance or based on a surety obligation - is uncertain. In this seminar Frank Musica, an attorney who helped to develop standard contracts for integrated project delivery, and Gene Todaro, an insurance underwriter who crafts design liability coverage for construction firms, discuss the challenges caused by the blurred responsibilities and the insurance response to this brave new world. They will discuss:

• How the changing systems of design and construction create risk issues that could impact sureties
• The special concerns of integrating design and construction for green construction project performance
• Covering the design exposures of contractors – various coverage forms and developments
• New integrated project delivery insurance covering design and construction teams
• Key exclusions of which sureties should be aware
• Claim trends and examples from the CNA and Victor O. Schinnerer & Company, Inc. files.


Frank Musica is senior risk management attorney for Victor O. Schinnerer & Company, Inc. which he joined in 1991 to assist the program in identifying the transformations in construction-related professional services, the liability exposures created by contractual language, legislation, regulations and court rulings, and management processes and procedures to reduce the risk profiles of firms. 

Mr. Musica crafts risk management and serial publications and website information for Schinnerer design professionals insurance programs and contractors design liability insurance programs with CNA. Schinnerer’s Management Advisory series provides information on the business and professional practice issues facing design providers. This includes Guidelines for Improving Practice, a newsletter, and Constructive Comments, a quarterly publication. 


Gene Todaro has been with Victor O. Schinnerer and Company, Inc. in the Construction Industry Group for thirty years. His primary focus is underwriting, servicing and marketing of accounts in the Contractor's Professional and Pollution Liability Program. Previously, he was involved in Project Liability Insurance, Architect/Engineers, National Accounts and as the Underwriting Manager for the Construction Industry Group. He is frequently asked to speak at industry group sessions concerning architects, engineers and contractors professional and pollution liability insurance issues.

Mr. Todaro is a member of the Metropolitan Washington Association of Independent Insurance Agents and is a licensed Property and Casualty agent in the State of Maryland. He is an AGC Active Member in the Maryland State Chapter and was appointed to the AGC National Risk Management Committee in 2004.


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A Sustainable/Green Construction Update: The LEED Process 101 (January 2011)

The movement to sustainable and environmentally friendly building practices continues to gain momentum and is becoming an imperative of both public and private owners. Learn what this means for your customers and what the implications are for the surety industry.

Frank Falsetti is Business Development Associate at Hunzinger Construction and responsible for the establishment of new business opportunities and the improvement of client relations for the purpose of growing the firm’s business base. He is a LEED AP – CI Professional. Mr Falsetti presents information on Hunzinger’s many services including Green Building Strategies, LEED Certification, and USGBVC Credentialing. Among his affiliations, Mr. Falsetti is a member of Wisconsin Green Building Association, IFMA Southwest WI, Wisconsin Association of Energy Engineers, and WGBA Real Estate Co-Chair.


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ERM- Managing At The Speed of Risk (December 2010)

Enterprise risk management (ERM) includes the methods and processes used by organizations to manage risks and seize opportunities related to the achievement of their objectives. According to Standard & Poors this is not a passing fad. ERM is widely recognized as being responsible for helping firms establish a proactive process framework for planning, organizing and controlling the activities of the organization in order to optimize the effects of risk on capital and earnings. Key points discussed in this presentation will include how ERM can help your firm by: 

• Addressing the main risks that may hinder you achieving your strategic objectives
• Improving risk-based decision making, business resilience, and capital efficiency
• Providing a wide-angle lens into maximizing your opportunities. 

PRESENTERS: 

Linda Conrad is Director of Strategic Business Risk Management for Zurich Services Corporation where she leads a global team responsible for delivering Enterprise Risk and Resilience Management (ERM) solutions. She and her team offer practical recommendations to optimize business resilience to maximize customers’ strategic growth and, with the establishment of holistic processes, improve risk-based decisions about strategic issues such as supply chain optimization, business interruption modeling and contingency planning, capital efficiency, and total risk profiling. Ms. Conrad is a recognized authority on ERM at national conferences, on business media interviews - including on CNBC and Fox Business News. 

Scott Rasor is President of Zurich's Construction industry segment, the largest commercial insurer of construction professionals and contractors in North America where he is responsible for driving profitable growth and the development of customer centered value propositions. He leads an unmatched team that draws on Zurich's unique construction industry insight and superior service capabilities to deliver innovative solutions that create sustainable competitive advantages in the marketplace for his customers. Mr. Rasor has 25 years of insurance experience and as an underwriter has personally underwritten all products that Zurich Construction offers. 

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Customs Bonds in Today’s Environment (November 2010)

Have you ever had a client call asking about a US Customs bond and you did not know what the bond was or what it covered?  Did they ask about anti-dumping or countervailing duties, reconciliation, PMS, or ISF? Join this seminar to learn more about customs and transportation related bonds in order to help your clients avoid problems.

Customs bonds can be a small but also significant part of a company’s surety program. If the bond is not handled correctly it can cost a company thousands of dollars. Customs bonds are vital to any company importing goods into the U.S. as well as others including trucking companies, warehousemen, foreign trade zones, and construction companies.

This presentation will include discussion on:

• Coverages available under customs bonds, and their risk
• Anti-dumping and countervailing duty
• How reconciliation and periodic monthly statements can help your client
• New programs such as ISF and other aspects to the bond that could be important to your client
• When construction companies need an Airport Security bond
• Other transportation related bond requirements that involve the Federal Maritime Commission and the Federal Motor Carrier Safety Administration.

Colleen Clarke is Vice President, Surety for Roanoke Trade Services, Inc. She focuses on the review and analysis of CBP policy including new issues from the perspective of the surety underwriting group as well as the client services team. She manages the Roanoke Trade independent agent unit for U.S. Customs bonds. In 2008 she was appointed to the 11th term of the Commercial Operations Advisory Committee (COAC) where she participates in several subcommittees. She serves as co-chair of the Surety Account Subcommittee within the Trade Support Network (TSN) and works closely with CBP as a representative on the Customs/Surety Executive Committee (C/SEC).

Bruce Haskell is President and CFO of C.A. Shea & Company, Inc., an insurance broker intermediary specializing in placing and servicing bonds for brokers, agents and insurance professionals with clients engaged in importing and exporting. He works closely with the Bureau of Customs and Border Protection on many areas of regulation and policy. Mr. Haskell is Executive Vice President of the Customs Surety Association and is a member of the Customs/Surety Executive Committee. As an active member of the Trade Support Network, which advises CBP on issues related to the development of their Automated Commercial Environment, he serves as a Trade Ambassador and member of its Trade Leadership Committee.  

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Construction Outlook for 2010-2011: Activity and Trends (November 2010)

Participate in a presentation of key information from the McGraw-Hill 2011 Construction Outlook Report released at the end of October, 2010. This report has been a mainstay of business planning for the construction industry for over 70 years. Specific topics to be addressed are the near-term and long-term prospects for a broad range of project types including public works, electric utilities, single and multi-family housing, and commercial, institutional, and manufacturing building. You will gain relevant insights into the dynamics that contractors are facing today and an understanding of what they can anticipate in the years ahead. 


Mark (Rusty) Sherwood is Vice President, Channel Partners, McGraw-Hill Construction. He is responsible for building partnerships that extend the reach of MHC’s business intelligence and market access across new national and global markets. A 28 year veteran of the US Construction industry, he has developed, organized and led business development and market growth strategies for all of McGraw-Hill Construction’s customer segments including regional and national AEC firms, national building product manufacturers, technology and non-trade professional service businesses. Most recently Mr. Sherwood co-led the redesign of McGraw-Hill Construction’s sales organization shifting structure from “product-centric” to “voice-of-customer” solution teams. He co-founded and chairs the AEC Business Builder’s Forum, a consortium of senior level AEC marketing and business development executives convened for the purpose of debate and consideration of present trends, economic issues and best practices shaping our industry.

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A Contractor’s Perspective on Public-Private Partnerships: Opportunities and Pitfalls (October 2010)

Public Private Partnerships (PPPs) is the latest development in project delivery systems and is being used by more and more by states to address the burgeoning decay of our civil and social infrastructure. In this seminar the following questions will be addressed:
• What exactly are PPPs?
• What are the opportunities available to your clients?
• What are the opportunities and the pitfalls for contractors in the new PPP world?


Bill Ernstrom is Vice President for Major Strategic Projects for The Walsh Group. Previously, he served as General Counsel of Alberici Group, Inc., and he was a founding partner of the law firm of Ernstrom & Dreste, LLP, where he spent over 25 years developing a law practice focused on the construction and surety industries. For over 15 years, Mr. Ernstrom was the Chair of the Contract Documents Program for the Associated General Contractors of America and was selected in 1998 as Chairman of the Year by that organization. He is the recipient of IRMI’s Words of Wisdom award. He has authored numerous articles on surety and construction law topics and he has frequently lectured throughout the country. Mr. Ernstrom is a member of the ABA Fidelity & Surety Committee and the Forum on the Construction Industry.


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Financial Reporting: Helping Your Clients Put Their Best Foot Forward (September 2010)

The contractor's financial statement is the single most important source of information used by bond producers in their underwriting process. It must be timely, accurate and complete. This seminar will help you better understand and analyze your client's financial statements. Key topics discussed include:

• Financial disclosures beyond the professional requirements
• Recently issued accounting rules affecting contractor financial statements
• Advice to give clients with regards to improving working capital
• Revenue recognition for change orders and claims
• The proper treatment of indirect costs and equipment cost allocations
• Underwriting your client's CPA
• Fully explaining profit fades does more good than harm, and is a requirement.
• Underbilling – Is it real?
• Overbilling – Is it permanent?
• Does your client have a going concern problem?

Emilio F. Alvarez founded E.F. Alvarez & Company in 1974, an accounting and consulting firm concentrating exclusively on construction clients and now a leader in the construction accounting industry in South Florida. He provides construction contractor clients a wide range of tax services, financial reporting, and business counseling and is a reliable and trusted advisor to many contractors in every branch of the industry and to surety companies. 
Mr. Alvarez is a member of CICPAC (Construction Industry CPAs Consultant Association), CFMA (Construction Financial Management Association), The Associated General Contractors of America (AGC), American Institute of CPAs (AICPA), and Florida Institute of CPAs (FICPA). He serves on numerous association committees and is a frequent presenter and author. He is an adjunct professor of Construction Accounting at Florida International University in the School of Construction Management.

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Mortgage Broker Bonds: Legal Changes and Business Implications for Producers (August 2010)

This presentation looks at Mortgage License and Permit Bonds in relation to the Secure and Fair Enforcement for Mortgage Licensing (SAFE) Act of 2008 and how the act triggered changes in various state mortgage bond statues. Key aspects of this changing bond class will be identified. A knowledgeable producer will discuss how to service clients needing these bonds and how this bond class can be profitable and add value to an agency. Registrants also will receive a copy of the NASBP Table of Mortgage Broker Bond Laws by State, current as of July 1, 2010, as a quick reference to these bond statutes.

Corban Enns is president and founder of Surety Solutions, LLC, in Salem, Oregon. The company provides support to mortgage companies in their growing demand for mortgage license and permit bonds. His initial exposure to surety bonds occurred while he was working for a Texas law firm specializing in multi-state licensing for mortgage companies. He was responsible for communicating with obligees and clients, ensuring their bonding requirements were met during license acquisition and in ongoing maintenance. 

Since 2004, Mr. Enns has helped place, write and manage over 10,000 mortgage license and permit bonds. He has advised and assisted numerous state banking departments with new bond obligations as state laws have been passed and gone into effect and he has developed specialized mortgage bond programs in collaboration with various surety companies geared specifically to this line of business. 

Martha L. Perkins is a partner in the law firm of Whiteford, Taylor & Preston, LLP in Washington, DC, and focuses her practice in construction, surety, and fidelity law. Ms. Perkins regularly represents owners, contractors, and subcontractors in contract negotiation and dispute resolution. She represents clients on “green” issues, including the language of green contracts, risk identification and mitigation, and arbitrating green disputes. She is a member of the Associated General Contractors of America’s Risk Management Committee and Contracts Documents Committee, the American Bar Association’s Forum on the Construction Industry, and the Washington Building Congress. Ms. Perkins has written extensively and lectures frequently on construction, surety, and fidelity law issues. 


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Onerous Contract Terms: Damages, Performance Guarantees, Default Triggers, and Other Contract Nasties (August 2010)

In today’s difficult economy some construction owners have been emboldened to include more onerous terms in their contracts. Such terms can mean the difference between a contractor realizing its margin or having to go out of business. In this presentation, a seasoned construction lawyer, Richard Lowe, a Fellow of the American College of Construction Lawyers and a Fellow of the Litigation Counsel of America, will spotlight and explain critical terms that can make or break a construction contract. He will also speak on how to avoid such terms, or address them if included, so that they do not lead to disaster for the contractor and its surety.

Richard H. Lowe, a partner with Duane Morris LLP, concentrates his practice in construction and commercial litigation and construction law. He handles complex construction litigation, arbitration and mediation matters for owners, contractors, design-builders, design professionals, sureties, subcontractors and suppliers, and has drafted and negotiated construction contracts exceeding $100 million.

Mr. Lowe is a Fellow of the American College of Construction Lawyers and a Fellow of the Litigation Counsel of America. He has been extremely active in the Associated General Contractors of America. As chair of AGC's BIM Forum's Legal Subforum, he led a national effort to create a BIM Addendum. He served as the vice-chair of the AGC's Contract Documents Committee. He is active in the American Bar Association and served as co-chair of their Construction Litigation Committee. He has repeatedly been named a "Super Lawyer" in construction in Philadelphia. 

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Getting Ahead of the Wave of Claims: Understanding Dispute Resolution Options (July 2010)

Deborah Griffin and Bruce Shreves discuss how in today’s economy when tight budgets and smaller workforces can cause unexpected delays and disputes, it is important for all participants in a construction project to understand dispute resolution options. Their presentation focuses on how mediation and arbitration, which are common in most construction industry contract documents, can be used to help resolve disputes on a project. 

Griffin and Shreves, construction dispute resolution experts with experience in handling construction and surety industry disputes, discuss the mediation and arbitration process, its use in maintaining privacy and preserving business relationships and the surety’s role.


Deborah S. Griffin is senior counsel in the litigation group of the law firm of Holland & Knight LLP. Her practice concentrates in the areas of construction, surety bond law, bankruptcy, and commercial, banking and insurance litigation. She advises contractors, owners, and sureties and handles construction disputes from start to finish. She writes and presents on construction, bankruptcy, surety and litigation issues. Ms. Griffin has chaired the ABA’s Forum on the Construction Industry and served as Vice-Chair of the ABA’s Fidelity and Surety Law Committee of the Tort and Insurance Practice Section where she served as liaison between the ABA Forum on the Construction Industry and the National Association of Women in Construction (NAWIC). 

H. Bruce Shreves, is managing partner and heads the construction/surety practice group in the law firm of Simon, Peragine, Smith & Redfearn, LLP. He handles dispute resolutions in the construction, insurance and surety industry, specializing in complex construction cases. Mr. Shreves is a frequent presenter on construction and surety law issues for the American Bar Association (ABA) and other national programs. He currently serves as Chair of the Louisiana State Bar Section on Fidelity, Surety and Construction law and serves on the American Bar Association, Forum Committee on the Construction Industry. He has authored many publications and is a contributing author to the Law of Suretyship. He is a member of the American College of Construction Lawyers. 

Michael A. Marra will moderate the Seminar. He is Vice President, Construction Division, the American Arbitration Association (AAA). He is responsible for expanding the use of AAA construction ADR services in the Mid-Atlantic States. He also has responsibility nationally for developing the AAA’s construction caseload and works closely with construction industry associations through the AAA’s National Construction Dispute Resolution Committee (NCDRC). In this capacity, Mr. Marra assists the corporate, legal and public sector communities in educating them on the various construction industry dispute avoidance and resolution techniques and in designing dispute resolution systems to meet their specific needs. Mr. Marra is a frequent presenter on the subject of Alternative Dispute Resolution.  

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Bonding Reservation Projects and Tribal and Indian-Owned Construction Firms (July 2010)

Ed Rubacha and Michael Williams discuss the challenges associated with bonding projects on the reservation and bonding reservation entities. In this rapidly-expanding area, opportunities exist for the knowledgeable producer to put together a program that can be successful for bonding tribal projects and tribal and/or the Indian-owned principals. These national experts will discuss the key elements and potential solutions and address the following issues:

• Sovereign Immunity: What is it? How to address it. 

• Dispute Resolution Issues: Tribal Court/Tribal Law 

• Surety Concerns with bonding tribal projects 

• Surety Concerns with Tribal and Indian-owned Entities 

• Potential Solutions, including SBA Guarantees and Funds Control

Edward Rubacha, a partner with Jennings, Haug & Cunningham, LLP in the Construction and Surety Section, has been active in tribal construction for over sixteen years. He typically represents contractors and sureties dealing with tribes and tribal entities on reservation projects. He is admitted to practice in the state and federal courts of Arizona, California, Colorado, including the United States Supreme Court, and the Tohono O’Odham, Gila River Indian Community, Colorado River Indian Tribes, Tonto Apache, Pascua Yaqui, and Hopi tribal courts. Mr. Rubacha frequently speaks about contracting on Indian reservations. He is author of “Reservations About the Reservation: Concerns When Dealing With Native American Tribes and Tribal Entities,” “Construction Contracts with Indian Tribes or on Tribal Lands,” The Construction Lawyer, Winter 2006, and “Successful Bonding of Reservation Projects and Tribal Entities,” Pearlman Association 2007.

Michael D. Williams is president of CCI Surety, Inc. (CCI), a managing general underwriting company with significant levels of underwriting authority for several corporate surety companies, with the ability to underwrite nationwide and utilizing many different tools to approve hard-to-place, non-standard, challenged contractor accounts that include U.S. SBA Surety Bond Guarantee Program, collateral, funds control, bond backs, and third party indemnity. He is also president of North American Construction Services, Inc. (NACS), a nationwide surety and non-surety funds control/escrow company. In the 1990s Mr. Williams was with The Fairfield Company where his duties included setting up surety programs for tribal owned and non-tribal owned Native American entities.


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The New AIA Bonds: What Surety Professionals Need to Know (June 2010)

In June 2010 The American Institute of Architects publically releases its updated standardized bond forms: A310 Bid Bond and A312 Performance Bond and Payment Bond. This is the first update since 1970 and 1984 respectively. 

Learn from those who engaged in the revision process as they explain the specific updates to the forms and the significance to owners, contractors, subcontractors, and surety professionals. Discover why the revisions were made and take this opportunity to have your specific questions addressed. Participants to this seminar will receive samples of the new bond forms along with a commentary on and comparative version of the forms issued by AIA.

The Presenters were active participants in the process that led to the 2010 revisions of the AIA bond forms:

Michael B. Bomba is an Associate Counsel on the AIA Contract Documents team at the American Institute of Architects, Washington, DC where he works actively in the creation and revision of AIA Contract Documents and provides assistance to users of AIA documents. Prior to joining the AIA, Mr. Bomba worked at a private law firm in Washington, DC, representing design professionals in corporate and litigation matters. He is a member of the bar in both the State of Maryland and the District of Columbia. 


Edward G. Gallagher is General Counsel of The Surety & Fidelity Association of America and a past chair of the Fidelity and Surety Law Committee of the Tort Trial and Insurance Practice Section of the American Bar Association. He is a frequent speaker on topics related to fidelity and surety bonds. 

Mark H. McCallum is Chief Executive Officer of the National Association of Surety Bond Producers. He previously served as the association’s general counsel and director of government affairs, heading its government relations, industry relations, legal, and other functions. Prior to joining NASBP, Mr. McCallum was Senior Counsel & Executive Director of Programs and Industry Relations with the Associated General Contractors of America, and Associate Counsel with American Institute of Architects. 

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The Federal False Claims Act (June 2010)

The Fraud Enforcement and Recovery Act (FERA) of May 2009 included the most significant amendments to the False Claims Act (FCA) since 1986. Heather James outlines the key elements of these changes and her presentation will include relevant discussion of: 

· The basics of liability 

· The damages and penalties for FCA violations 

· A review of recent cases expanding the scope of potential liability 

· The gain in popularity of FCA whistleblower lawsuits and their repercussions.

Heather A. James is Counsel at Whiteford, Taylor & Preston and head of the firm’s Government Contracts and BRAC practice groups. In her practice, Ms. James has represented clients in a wide range of procurement issues in numerous forums. Ms. James also provides a full range of government contracts advice and representation to companies in a variety of industries. She counsels clients on proposal submissions and certifications, 8(a) and other economic disadvantaged business issues, contract formation, administration and termination issues, data rights and intellectual property matters, organizational conflicts of interest, and GSA schedule issues. Prior to entering private practice, Ms. James was a Senior Compliance Officer with the Department of Labor Office of Federal Contract Compliance Programs.

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Gap Financing: An Underwriter's Perspective (May 2010)

Robert L. Raney and Catherine Squillace of Travelers Bond will discuss how, in these difficult economic times, government entities, Departments of Transportations (“DOTs”) especially, are seeking to build infrastructure, while managing their ever decreasing budgets. This presentation will focus on the recent trend of DOTs to procure work (build or design build) with a delayed payment schedule, its risks and what the Producer will need to know when faced with a request for a bond on a gap finance project. 


Robert L. Raney is Chief Underwriting Officer, Construction Services - National Accounts with Travelers Bond & Financial Products. His professional surety career includes 20 years with Aetna and Travelers Bond & Financial Products, commencing in Charlotte, NC in 1987. Bob graduated from Wake Forest University in 1987 with a BS in Business Administration and received an MBA from the University of North Carolina at Charlotte in 1994. 

Catherine Squillace, Esq. is Second Vice President for the Travelers Bond and Financial Products Commercial Surety Claim organization. Prior to this, she was Regional Claim Officer of National Accounts. She joined Travelers in 1997. Catherine graduated cum laude from the State University of New York at Albany and received her J.D. from St. John’s University School of law in 1988. She is a frequent speaker on construction and surety topics and has authored numerous articles applicable to the surety industry.

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Succession Planning: A Priority for Your Agency and for your Clients too! (May 2010)

This presentation describes a flexible framework to accommodate most businesses. Regardless of the answer to the question, “Is there a qualified internal candidate to take over?” consider the key issues this presentation will address: 

• Determine the specific qualities and abilities that the ownership would like to have in the next CEO.
• Analyze a combination of objective and subjective assessments of the existing pool of candidates to determine how they measure up against that desired standard.
• Create individual professional development plans for each member of the leadership team.
• Craft the actual succession plan (short term, long term, and contingency).
• Provide some market benchmarks for executive compensation and evaluation.


J. Keith Hughey is a management consultant with over thirty-five years of consulting and managerial experience. He facilitates corporate planning retreats, consults on organizational health (human systems), corporate governance, succession planning, change management, productivity, and performance improvement. He is a noted speaker and the author of the widely read e-letter, Monday Morning Musings. Mr. Hughey is a member of the faculty at the Southwestern Graduate School of Banking at SMU where he teaches strategic management, planning, and leadership. He attended the University of Houston where he received a B.B.A in accounting (with Honors) and completed additional post graduate studies in finance and economics. 

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Creating and Sustaining a Sales Culture that Promotes Your Brand and Your Business Objectives (April 2010)

Presenter: Jonathan Dick, President, Jon Dick Consulting

This presentation looks at practical ideas to help you grow your business. Key points include: 

• Understanding your true brand, and how this knowledge will positively impact your revenue and profitability

• How to build a sales and marketing culture around your true brand

• Uncovering obstacles that stand in the way of a sustainable and prosperous sales culture and how to overcome them.

Jonathan Dick is a speaker, consultant, and strategist specializing in issues of corporate identity and resulting applications for sales force development, long-term cultural change and sustenance, staff development, and change management.  Since 2002 he has worked almost exclusively with private companies undergoing long-term market and generational change to help them compete more effectively and develop new market competencies that relate to their core identity. Mr. Dick integrates individual giftedness and corporate identity to build new sales cultures that are sustainable and profitable. Prior to this, he worked with Fortune 500 companies to provide strategy and resources for clients and their sales forces.

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Federal Contracting Opportunities: Small Business is Big Business (March 2010)

Steven Reed will present an overview of the issues to be considered by anyone pursing a Federal contract. Key points include:

• Examine all solicitation provisions carefully and in detail 

• Legal issues should be resolved well before submitting a proposal in response to a solicitation issued by a Federal agency 

• There are differences among various agencies in approach and style in contract administration and technical (construction and engineering) matters 

• "Best-value" competitively negotiated acquisitions are in effect proposal writing contests 

• Obvious defects in solicitation must be brought to the government's attention prior to submitting a proposal 

• Design-build is increasingly being solicited over the traditional design-bid-build method 

• Teaming agreements and Mentor-Protégé agreements are the means by which large businesses can access the market for construction projects that are set-aside for small businesses 

• Bonding assistance and indemnification agreements can be used to good effect 

• A key to a good relationship with the Federal government is disclosure, disclosure, disclosure 

• Contractors receiving ARRA payments must report certain information not typically required.

Steven L. Reed is a partner in the Washington, DC office of Smith, Currie & Hancock LLP. Steve joined Smith Currie in May 2007. Prior to joining the firm, he served as an Administrative Judge, Armed Services Board of Contract Appeals (ASBCA), where he mediated, adjudicated, or otherwise resolved 136 appeals involving all types of Department of Defense, Department of Health and Human Services, NASA, U.S. Postal Service, Department of Justice, Washington Metro, and Panama Canal contracts. In May 2006, Steve retired from ASBCA. In January 2008, he opened Smith Currie's Washington, DC office. Steve earned his B.S. degree, magna cum laude, from the University of Georgia. He is also a graduate of the University of Georgia School of Law. Prior to entering law school, Steve served on active duty as an Army Field Artillery officer.

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Fraud Prevention: Helping Your Clients Improve Internal Controls (March 2010)

Presenters:
Karen Courney, Wolf & Company, LLP
Chip Dillman, Greer & Walker, LLP

Karen Courney and Chip Dillman discuss the internal control areas unique to construction contractors. Information presented includes: 

• Estimating and bidding
• Project administration
• Job site accounting and controls
• Billing procedures
• Contract costs
• Contract revenues
• Construction equipment
• Claims, extras, back charges
• Joint ventures

Examples of fraud resulting from weak controls, and the correct controls that should have been implemented, will be presented and you will hear about the questions that should be asked of clients to prevent fraud. 

Karen A. Courney, CPA is Senior Consultant in Audit and Accounting Services, a Construction and Real Estate Specialist with Wolf & Company LLP. She works with construction and real estate companies, including residential and commercial developers and contractors, home builders, general contractors and subcontractors and other real estate entities. In addition to providing traditional audit, accounting, and tax services to clients, she acts as business advisor and consultant focusing on profit improvement issues, internal controls, operational efficiency, compliance with federal and state regulations, staffing issues, and interpreting and reacting to the information from an organizations financial statements. Karen presents on business operations, internal controls, and fraud prevention and authors articles for industry related publications. She is a member of the American Institute of Certified Public Accountants, Illinois CPA Society, Northern Illinois Home Builders Association and the Home Builders Association of Greater Chicago.


Charles Dillman, CPA, CFE, has been with Greer & Walker for eight years and is currently a senior manager in the Audit practice. He has significant experience with real estate developers and property managers, contractors, professional service firms, manufacturers, and not-for-profits. Prior to joining Greer & Walker, Chip worked in the Chicago office of PricewaterhouseCoopers for five years in the Dispute Analysis & Investigations group where he focused on internal control assessments, potential fraud situations, and litigation support efforts. Chip is a member of the American Institute of Certified Public Accountants, the North Carolina Association of Certified Public Accountants, the Association of Certified Fraud Examiners, and the Home Builders Association of Charlotte. He is also a Certified Fraud Examiner.


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2009 Tax Law Changes Affecting Businesses (February 2010)

Presenter:
Jeffrey L. Wilmes, Partner, BKD, LLP

Jeffrey L. Wilmes will look at current and future tax law changes that business owners, managers, and leaders need to be aware of. Presentation highlights include:

• Tax law changes in 2009
• Expiring tax provisions that will impact 2011
• Potential law changes currently under discussion

Jeffrey L. Wilmes, a partner in BKD, LLP in Evansville, has been named University of Southern Indiana Distinguished Accountant for 2009. He is regional tax director for the construction/real estate industry group of the East Region of BKD and frequently presents firm-wide tax seminars with a focus on partnership taxation issues. He assists in reorganizations designed to minimize federal and state income taxes and has worked extensively with mergers and acquisitions, owner succession, estate tax minimization, inventory issues, and multi-state income tax issues. Mr. Wilmes is a member of the American Institute of Certified Public Accountants and Indiana CPA Society. He is an annual participant in the CCH Tax Planning Forum for Partnerships, LLCs, and S-Corporations. 

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Agency Profitability: MarshBerry Benchmarking Results (January 2010)

Presenter:
Doug Terrill, Senior Vice President, MarshBerry

Doug Terrill will present a summary of the 2009 benchmarking study conducted by MarshBerry on behalf of the NASBP. The purpose of the study is to provide performance standards for agencies, specifically for bond operations. It was designed to measure a bond agency's level of profitability and staff productivity against those of its NASBP peers as well as the overall insurance industry. Comparisons include the top 25% as well industry averages.

Doug Terrill is Senior Vice President at MarshBerry, a company he joined in 1993 as a consultant responsible for preparing appraisal reports and assisting agencies with strategic business planning. Mr. Terrill's extensive knowledge of agencies and information systems provides the foundation for MarshBerry's ability to compile and analyze financial and operational statistics for the purpose of establishing standards for the insurance industry. His current responsibilities include managing the company's information services which includes directing MarshBerry's premier benchmarking service Perspectives for High Performance (PHP). He is also responsible for the planning and implementation of insurance company services and continues to consult agencies on perpetuation, business planning and agency value. Mr. Terrill speaks frequently before carriers and agencies and writes insurance-related articles for national publications.

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Legislative and Industry Update: 2010 and Beyond - Complimentary Offering (December 2009)

Facilitators: Mark McCallum and Larry LeClair, NASBP

NASBP Chief Executive Officer, Mark McCallum with Larry LeClair, Assistant Director, State & Federal Relations, and invited guests discuss trends and issues of significance to the industry in 2010 and beyond.

Topics include H.R. 3771, legislation to provide grant assistance to women-owned, veteran-owned, and minority-owned construction firms, the creation of the Department of Transportation Bond Guarantee Program, and emerging state issues and trends will be addressed in an interactive town hall format.

Invited speakers include:

• Fabrice Coles, Legislative Assistant to Congresswoman Yvette Clarke to discuss H.R. 3771 and inform us on what is in store for the second session of the 111th Congress for small business

• Nancy Strine, Manager, Financial Assistance Division Office, Small and Disadvantaged Business Utilization, Department of Transportation (DOT), to address the DOT's bonding assistance program

• Phil Forker, Partner, Anchor Insurance & Surety, Inc., Portland, Oregon to discuss the Oregon Department of Administrative Services decision to adopt an emergency rule that grants discretion to procurement officers to waive performance or payment bonds as part of the "Go Oregon" economic stimulus recovery.

Click here for complimentary audio recording and handouts. - Available only to NASBP Members and Affiliates

Strategic Planning in a Volatile Business Environment (November 2009)

Presenter: Scott MacDonald acknowledges that in a volatile economy it is easy for a business to adopt a crisis management style and lose sight of its primary vision and mission. In this seminar he highlights the disciplines key to ensure success in any environment, including:

• Why, when and how to do strategic, business, and succession planning
• What you need to consider, who to involve, and how to get buy-in
• What goes in to setting short and long term goals and conducting a "SWAT" analysis
• How to keep an eye on the dashboard - understanding your key business indicators and what they are telling you
• How to get the commitment you need for success from key employees
• What to consider when making strategic adjustments based on external or internal changes

Scott MacDonald, Ph.D. is president and CEO, SW Graduate School of Banking (SWGSB) Foundation, director of the Assemblies for Bank Directors, and Adjunct Professor of Finance, Cox School of Business, Southern Methodist University. A recipient of numerous teaching and research awards, Dr. MacDonald has been a featured speaker at NASBP Regional Meetings and is a frequent speaker at professional programs, banker associations and banking schools. He is a sought after strategic planning visionary and consultant to the financial services industry. Dr. MacDonald is published in professional academic journals such as The Journal of Financial Economics, The Journal of Business, The Journal of Futures Markets, The Review of Futures Markets, Quarterly Journal of Business and Economics, and the Journal of Money, Credit and Banking.


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The Risks Unique to Green Building: What Bond Producers and Sureties Need to Know (October 2009)

Presenter: Martha Perkins looks at how the green building and sustainability market is growing, and how bond producers and sureties need to understand and manage the risks and liabilities lurking in the weeds. This seminar is designed to prepare bond producers and sureties to understand and better manage the unique challenges associated with green building projects. It focuses on the following:

• Background on green building and sustainability
• Discussion of U.S. Green Building Council and LEED Legislative efforts to mandate green standards
• Contractual agreement on project objectives, definition of responsibilities, and allocation of risks
• Green warranties and guarantees
• Challenges of green team partners, green materials and technologies, and green certification process and credit implementation
• Insurance considerations
• Limiting liability
• Green litigation and arbitration

Martha L. Perkins is a partner in the law firm of Whiteford, Taylor & Preston, LLP in Washington, DC, and focuses her practice in construction, surety, and fidelity law. Ms. Perkins regularly represents owners, contractors, and subcontractors in contract negotiation and dispute resolution. She represents clients on "green" issues, including the language of green contracts, risk identification and mitigation, and arbitrating green disputes. She is a member of the Associated General Contractors of America's Risk Management Committee and Contracts Documents Committee, the American Bar Association's Forum on the Construction Industry, and the Washington Building Congress. Ms. Perkins has written extensively and lectures frequently on construction, surety, and fidelity law issues.


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Financial Reporting: Helping Your Clients Get it Right (October 2009)

Presenter: Jerry Henderson focuses on:

• Helping surety bond producers hold productive discussions with their clients about expectations related to financial reporting
• Tips on how to establish realistic deadlines for financial reporting
• An overview of recently issued and pending accounting rules affecting contractor financial statements
• Key indicators leading up to a possible "going concern" audit opinion
• An overview of best practices of financial reporting
• Questions to ask your client's CPA to help better understand the quality of your client's financial reporting and their internal control structure and obtaining the CPA's commitment to adhere to the financial reporting schedule
• Pertinent working capital issues
• Understanding required vs. desired disclosures and what is/is not included in client's financial statements

Jerry Henderson leads BKD's Construction & Real Estate Group and is responsible for facilitating its growth through service innovation and the advancement of technical expertise among client service personnel. He provides technical input on matters unique to the construction and real estate industry and coordinates BKD's consulting services to contractors and real estate developers. Mr. Henderson writes for national trade journals, such as the Construction Financial Management Association's Building Profits and speaks at regional and national conferences. He is the professional co-chair of the emerging issues committee of the Construction Financial Management Association and is a member of Associated General Contractors of America's National Tax & Fiscal Affairs Committee.


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Marketing Strategies for Commercial Surety That Produce Results (September 2009)

Presenters: Paul Amstutz and Steve Swartz discuss how the continuing difficulties in the construction sector have put unexpected pressure on the ability of member agencies to maintain the level of income of prior years. They show how expanding agency attention and resources toward the production of more commercial surety may help to relieve some of that pressure. The demand for, and size of, commercial bonds has steadily increased. When combined with the continuous characteristic of the product, a durable revenue stream can be established.

Commercial surety generates nearly one third of the surety premium in the U.S.A. Written commercial surety premium totaled nearly $1.4 billion in 2008. This presentation will increase your awareness of this high commission product and introduce some strategies you can employ to increase your bottom line.

Paul Amstutz is Executive Vice President - Surety Operations for Roanoke Trade Services, Inc. With over 40 years experience in the surety industry, his career has included underwriting responsibilities for fidelity, financial institutions, commercial surety, and contract surety. He served as President and CEO of Washington International Insurance Company (NAS Surety Group) until 2004 when he joined Roanoke Trade Services, Inc. He is a leading national provider of customs bonds and does a significant volume of other commercial surety bond business. Mr. Amstutz served on the SAA board of directors. He currently serves on the NASBP Board of Directors and is on the faculty of the NASBP William J. Angell Surety School.
 
Steve Swartz is President of South Coast Surety, a company he founded in 1995 to provide contract surety support on an account basis. Response to the agency's website indicated a demand for servicing commercial bond needs. Growth came with writing commercial bonds and supporting insurance agencies as a transactional bond wholesaler. Today the agency services thousands of insurance brokers nationally and supports commercial and contract bonds with a number of commercial bond programs and in-house underwriting authority with a number of surety companies. Mr. Swartz began a career in financials services in 1971. He established SCS Leasing, an equipment financing firm. He has been involved in surety since 1989 when he helped found Pac-Coast Bond and Insurance Services.


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Ten Steps to a More Profitable Construction Company (August 2009)

Presenter: Leslie Shiner contends that construction industry success is rarely a question of working harder; more often greater success comes from creating appropriate business management systems that will help a contractor manage the office and his/her jobs more profitably. "Appropriate" is the key term - each contractor's needs vary. This session helps you help your contractor clients. You are introduced to a roadmap - 10 steps - to help them evaluate, implement, and utilize key construction management systems that, if used correctly, will lead to higher profitability and success:

• Understand the importance of good construction management systems, including processes for estimating, production, accounting and analysis
• Discover ways to implement and use appropriate systems
• Learn how to help your contractor clients create a better process to generate greater profits by utilizing best practices

Leslie Shiner has more than twenty years experience as a financial and management consultant for the construction industry. She is owner and principal of The ShinerGroup, a consulting firm helping contractors maximize profits and gain financial control, and is author of numerous publications including Profit Press Profit Guides: "Choosing 'Best Fit' Construction Management Software" and "Health Checkup for Your Construction Business". Ms. Shiner has received the CEDIA Top 10 Instructor Award multiple years. She is on the faculty of the NASBP Risk Workshop, teaches construction accounting and project management around the country, and frequently speaks at industry conferences.


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Surety Claims: What are Companies Seeing Today and What's on the Horizon? (July 2009)

Presenter: Steven Nelson says that most sureties have not seen a dramatic uptick in frequency or severity of claims in the recent economic downturn. Whether that will hold or not is anyone's guess. Here are some trends and conditions claims departments are noticing:

• Bankruptcy filings are on the rise. Are contractors who might have fought a little harder using the economic news as a "cover" to call it quits earlier?
• Who turned the dogs loose? Credit managers for suppliers are more persistent and less flexible than they have been in recent years.
• Claims departments are losing sleep over pay-when-paid, pay-if-paid enforceability, and their interrelationship with prompt pay laws and prompt claims settlement practices regulations
• Everything on the claims front seems to take a little more work, handholding,and effort to accomplish than it did a year ago.
• Completion costs are down as more competitive pricing is available.

Steven Nelson is Executive Vice President and General Counsel, SureTec Insurance Company and President, SureTec Information Systems, Inc. in Austin, Texas. 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. At Faulkner Steve 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. Prior to Faulker, Steve practiced law in Dallas, Texas - most of the time at Winstead Sechrest & Minick, P. C., where he headed up their construction practice.
 

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New Enhancements to the SBA Surety Bond Guarantee Program - Complimentary Offering (May 2009)

Presenters:
Frank J. Lalumiere, Director of Office of Surety Guarantees, U.S. Small Business Administration
John M. Hughes, President, Construction Bonds, Inc.
Joshua Etemadi, Producer, Construction Bonds, Inc.

Mr. Lalumiere discusses the new improvements to the SBA Surety Bond Guarantee Program that have resulted from the recently enacted economic stimulus bill. He addresses the key provisions contained in the stimulus bill designed to benefit small, emerging contractors who need access to surety bonds, as well as the key enhancements to encourage greater participation from surety companies.

Joining him in conversation are Mr. Hughes and Mr. Etemadi to give the perspective of seasoned bond producers who have placed a large number of small and emerging contractors in the Program. Additionally, they discuss their experience in using the current electronic application process.
 

Click here for complimentary audio recording and handouts. - Available only