NASBP is grateful to have the benefit of the excellent informational content from those serving on the AAC to enhance NASBP’s already robust educational offerings to its members, affiliates, associates, and the public about suretyship, construction, and government contracts.
The following are articles written by those who serve on the AAC. These articles have previously appeared in NASBP publications. NASBP will continue to post articles, including those on the following topics: commercial surety bonds, construction industry, contract surety bonds, contract terms and conditions, project-delivery methods (including P3s), and small business issues. They have also contributed to NASBP Blogs, NASBP Podcast episodes, and the NASBP Pipeline enewsletter. In addition, they have participated in NASBP Virtual Seminars and NASBP Virtual Events. In addition, they have participated in NASBP Virtual Seminars and NASBP Virtual Events.
Commercial Surety Bonds
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"The Benefits of Lien Prevention Bonds"
By Todd R. Regan at Gordon Rees Scully Mansukhani, LLP in Glastonbury, CT
Note: The article was published while he was with Robinson+Cole
(SBQ, Spring 2020, p. 10) |
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"Mechanics' Lien Discharge Bonds--The Substitutes of the Surety World"
By Mike F. Pipkin and Jacob L. McBride at Weinstein Radcliff Pipkin LLP in Dallas, TX
(SBQ, Winter 2018, p. 16 ) |
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"The Intricacies of Underwriting Notary Bonds -- The Commercial Bonds Critical to Our Daily Business Transactions"
By Jeffrey M. Frank and Omar J. Harb at Alber Frank, PC in Troy, MI
(SBQ, Spring 2018, p.32) |
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"Six Considerations in Underwriting Subdivision Bonds - Part 1 of 2"
By Armen Shahinian and Beth J. Rotenberg at Chiesa, Shahinian & Giantomasi PC in West Orange, NJ, and New York, NY
(SBQ, Summer 2016, p. 22)
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Six Considerations in Underwriting Subdivision Bonds - Part 2 of 2"
By Armen Shahinian and Beth J. Rotenberg at Chiesa, Shahinian & Giantomasi PC in West Orange, NJ, and New York, NY
(SBQ, Fall 2016, p. 17) |
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"Unraveling the Mystery of Court Bonds"
Jeffrey M. Frank at Alber Frank, PC in Troy, MI
(SBQ, Winter 2015, p. 20) |
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"An Introduction to Probate Bonds: A Guide for Bond Producers and Other Surety Professionals”
By Jeffrey M. Frank at Alber Frank, PC in Troy, MI
(SBQ, Summer 2015, p. 22) |
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Construction and Surety Industry
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"What You Need to Know About Joint Ventures in the Construction Industry: Part III Joint Ventures Involving the Federal Government's Small Business Programs"
By Michael C. Zisa and Joshua A. Morehouse at Peckar & Abramnson, P.C. in Washington, DC
(SBQ, Spring 2021, p. 27)
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"What You Need to Know About Joint Ventures in the Construction Industry: Part II The JV Agreement"
By Michael C. Zisa and Joshua A. Morehouse at Peckar & Abramnson, P.C. in Washington, DC
(SBQ, Winter 2020, p. 26)
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"Hot Topics in Construction and Surety Risk Managment—What Is the Main Risk to a Construction Contractor (and Its Surety) if a Construction Project Is Suspended?"
By G. Scott Walters at Smith, Currie & Hancock LLP in Atlanta, GA
(SBQ, Fall 2020, p. 35) |
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"Hot Topics in Construction and Surety Risk Management—Is a Project Owner Who Makes Timely Payments in Full to Its General Contractor Protected from Mechanic's Liens Filed by Subcontractors and Suppliers"
By Todd Regan at Gordon Rees Scully Mansukhani LLP in Glastonbury, CT
(SBQ, Fall 2020, p. 30)
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"What You Need to Know About Joint Ventures in the Construction Industry: Part I Benefits, Risks, and Considerations"
By Michael C. Zisa and Joshua A. Morehouse at Peckar & Abramnson, P.C. in Washington, DC
(SBQ, Fall 2020, p. 18)
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"The Calm After the Storm: Managing Disaster Response Contracts"
By Barron A. Avery and William B. O'Reilly at Baker Hostetler in Washington, DC
(SBQ, Winter 2017, p. 33) |
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"Surety Fraud Scams"
By Jay Labe at Allen Curry, P.C. in Denver CO
(SBQ, Winter 2016, p. 31) |
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Contract Surety Bonds
Contract Terms and Conditions
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"Traditional Performance Bonds Provide Protection Superior to On-Demand Bonds"
By Armen Shahinian at Chiesa Shahinian & Giantomasi, PC in New York, NY
(SBQ, Spring 2021, p.10)
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"Hot Topics in Construction and Surety Risk Management—What Is the Current Trend Regarding the Surety's Ability to Rely on Contingent Payment Clauses?"
By Jeffrey M. Frank at Lipson Neilson in Bloomfield Hills, MI
(SBQ, Fall 2020, p. 33) |
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"Notice Obligations: Are Contracting Parties Treated the Same?"
By G. Scott Walters at Smith, Currie & Hancock LLP in Atlanta, GA
(SBQ, Fall 2019, p. 16) |
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"A Primer for the Surety Bond Producer on Contingent Payment Clauses"
By Armen Shahinian and Darren Grzyb of Chiesa Shahinian & Giantomasi PC in West Orange, NJ, and New York, NY
(SBQ, Spring 2019, p. 41) |
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"Using Declaratory Relief to Get Out of a No-Good, Very Bad Contract"
By Barron A. Avery at Baker Hostetler in Washington, DC
(First appeared in The Procurement Lawyer, ABA, Summer 2015) |
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Federal Construction Contracting
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"Miller Act Bonding: A Primer on Requirements and Waiver"
By G. Scott Walters and Parker A. Lewton at Smith, Currie & Hancock LLP in Atlanta, GA
(SBQ, Fall 2020, p. 10)
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"Bonding Set-Aside Contractor: What Bond Producers Should Know About Potential False Claims Act Liability"
By Armen Shahinian and Brian Kantar at Chiesa, Shahinian & Giantomasi PC in West Orange, NJ, and New York, NY
(SBQ, Spring 2019, p. 26) |
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"How Can Construction Contractors Expedite Payment on Federal Contracts" (Part 1 of 2)
By Adrian L. Bastianelli and Lori Ann Lange at Peckar & Abramson, P.C. in Washington, DC
(SBQ, Fall 2017, p. 11) |
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"How Can Construction Contractors Expedite Payment on Federal Contracts?" (Part 2 of 2)
By Adrian L. Bastianelli and Lori Ann Lange at Peckar & Abramson, P.C. in Washington, DC
(SBQ, Fall 2017, p. 11) |
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"Preparation of a Claim Against the Federal Government - It's Not the Same Claim You Would Submit on a Private Project"
By Adrian L. Bastianelli and Michael Zisa at Peckar & Abramson, P.C. in Washington, DC
(SBQ, Spring 2017, p. 32) |
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"What Surety Professionals and Their Contractors Should Know: Liability Under the False Claims Act"
By Barron A. Avery and William B. O'Reilly at Baker Hostetler in Washington, DC
(SBQ, Winter 2016, p. 10) |
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"Affirmative Action and the Office of Federal Contract Compliance Programs: What Surety Professionals and Their Contractors Should Know"
By Barron A. Avery and William B. O'Reilly at Baker Hostetler in Washington, DC
(SBQ, Fall 2016, p. 20) |
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"Evolving Compliance Requirements: Addressing Human Trafficking"
By Barron A. Avery at Baker Hostetler in Washington, DC
(SBQ, Spring 2016, p. 22) |
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"Hot Topics in Federal Government Contract Compliance"
By Barron A. Avery at Baker Hostetler in Washington, DC
(SBQ, Winter 2015 p. 14 Winter 2015)
First in a series of five. |
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“Alternative Delay-Based Entitlement Theories to the Government Delay of Work Clause”
By Barron A. Avery at Baker Hostetler in Washington, DC
(First appeared in The Procurement Lawyer, ABA, Spring 2012) |
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“Cost Charging in Government Contracts Can Result in Common, But Avoidable, Pitfalls”
By Barron A. Avery at Baker Hostetler in Washington, DC
(SBQ, Summer 2014, p. 10) |
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“Inspection, Acceptance, and Warranty: Fundamental Government Contracting Principles Take on Heightened Importancein the Wake of Federal Cuts”
By Barron A. Avery at Baker Hostetler in Washington, DC
(First appeared in The Procurement Lawyer, ABA, Winter 2014) |
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"Amendments to Federal Regulations Provide Contracting Officers a New Cudgel with Which to Threaten Treasury Listed Sureties"
By Armen Shahinian and Scott W. Lichtenstein of Chiesa Shahinian & Giantomasi PC in West Orange, NJ, and New York, NY, and Martha Perkins of NASBP
(Excerpt from the Surety Claims Institute Newsletter, Vol. 47, January 2015, No. 1, pp. 22-25 and re-published with permission.) |
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Project-Delivery Methods (including P3s)
Risk Management
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"Help Me Help You: Ways Sureties and Producers Can Help Principles Reduce False Claims Act Risk"
By David Robbins and Eric Herendeen at Jenner & Block in Washington, DC
(SBQ, Spring 2021, p. 41) |
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"Hot Topics in Construction and Surety Risk Management—How Can Bond Producers and Sureties Help Contractors Mitigate COVID-19 Risks on Bonded Government Construction Projects?"
By David Robbins at Jenner & Block in Washington, DC
(SBQ, Fall 2020, p. 31)
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"False Claims Act Risk and the Paycheck Protection Program: Common Sense Approaches to Minimize Risk"
By David B. Robbins at Jenner & Block in Washington, DC
(SBQ, Summer 2020, p. 10) |
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"The Bond Producer's and Surety Company's Guide to Mitigating False Claims Act Risks in Light of Developments in the Scollick Case" Part 2 of 2
By David B. Robbins of Crowell & Moring in Washington, DC
(SBQ, Spring 2020, p. 16) |
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"The Bond Producer's and Surety Company's Guide to Mitigating False Claims Act Risks in Light of Developments in the Scollick Case" Part 1 of 2
By David B. Robbins and Jason M. Crawford of Crowell & Moring in Washington, DC
(SBQ, Winter 2019, p. 15) |
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"Inside the AIA's New Insurance and Bonding Contract Exhibit”
By Todd R. Regan at Robinson + Cole in Hartford, CT
(SBQ, Winter 2017, p. 31) |
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"Shifting the Risk of Owner Non-Payment and its Effect on the Surety"
By G. Scott Walters at Smith, Currie & Hancock LLP in Atlanta, GA
(SBQ, Winter 2016, p. 24) |
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"A Contractor's Risk Management Portfolio Should Include a Commercial Crime Policy"
By Mike F. Pipkin at Weinstein Radcliff Pipkin LLP in Dallas, TX
(SBQ, Fall 2016, p. 12) |
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"SDI Insured Must Shoulder Burden to Pursue Claims Against CGL Policy"
By G. Scott Walters at Smith, Currie & Hancock LLP in Atlanta, GA
(SBQ, Spring 2016, p. 28) |
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“NASBP Attorney Advisory Council Participants Opine on Current Risk Management Challenges and Business Opportunities”
(SBQ, Summer 2015, p. 30) |
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Surety Bond Claims and Dispute Resolution
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"The Surety's Salvage Rights Against the Principal, Indemnitors, and Third Parties: What Do Bond Producers Need to Know?”
By Todd R. Regan at Robinson + Cole in Hartford, CT
(SBQ, Fall 2018, p. 12) |
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"Sureties Accelerate Resolution of Performance Bond Claims Through Expedited Dispute Adjudication”
By Todd R. Regan at Robinson + Cole in Hartford, CT
(SBQ, Spring 2018, p. 10) |
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“Can Public Owners be Held Liable to Subcontractors and Suppliers for Failure to Require General Contractors to Obtain Required Payment Bonds?”
By Todd R. Regan at Robinson + Cole in Hartford, CT
(SBQ, Summer 2015, p. 16) |
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“Differing Court Views on the Surety’s Non-Response to a Claim within the Payment Bond’s Prescribed Time Period”
By Todd R. Regan at Robinson + Cole in Hartford, CT
(SBQ, Spring 2015, p. 22) |
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“Commercial Surety Claims: A Case Study on the Bond Producer’s Role in Assisting a Client to Avoid Loss and Maintain Surety Credit Through Bankruptcy”
By Armen Shahinian at Chiesa, Shahinian & Giantomasi PC in West Orange, NJ, and New York, NY
(SBQ, Summer 2014, p. 29) |
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