• Educate your members of Congress about the surety product. Express your concerns about surety bonding issues with your members of Congress and join me in attending the NASBP Legislative Fly-in Day on September 22 in Washington DC
  
• Access business tools created and supported by NASBP that surety professionals and their clients need. Through its involvement with ConsensusDOCS, NASBP provides members and affiliates free access to the eleven bond forms published by ConsensusDOCS and educational information about the more than 90 industry-collaborated ConsensusDOCS standard form documents. Recently, NASBP provided four resources to help anyone to quickly become familiar with the new Federal Subcontract, 752–one of eleven new ConsensusDOCS recently made available. To access these, click here.
  
• Keep apprised of the current news and legal issues of concern to the surety industry. For example, read the articles by NASBP staff and members on these issues. Recently Mark McCallum of NASBP and Edward Gallagher of SFAA published an article on the verification of surety bonds. Click here to access the article reprinted with permission from a special advertising section in Engineering News-Record.
  
• Form valuable professional relationships with industry colleagues by participating on one or more of the NASBP Committees. Through your participation you will learn the current trends and understand issues specific to these areas of our industry. If you are interested in participating on a committee click here. The roster of each committee is below.
  
  • Automation and Technology
  • Commercial Surety
  • Government Relations
  • Industry Relations
  • Professional Development
  • Risk Management and Insurance
    
• Establish connections with key contractor and subcontractor associations by attending NASBP meetings with representatives from these associations and work with them on advancing the use and understanding of surety bonding. Our clients belong to these organizations. This is an opportunity to interact with them. Get involved with NASBP to be active on the national level of these organizations.
  
• Learn about recent issues occurring in the construction and surety marketplace by participating in the upcoming NASBP Virtual Seminars. To register, click here. These include:
  
  • Sept 15, “Marketing Strategies for Commercial Surety That Produce Results,” by Paul Amstutz of Roanoke Trade Services, Inc. and Steve Swartz of South Coast Surety
  • Oct 6, “Financial Reporting: Helping Your Clients Get it Right,” by Jerry Henderson, BKD, LLP
  • Oct 20, “The Risks Unique to Green Building: What Bond Producers and Sureties Need to Know,” by Martha Perkins of Whiteford, Taylor & Preston, LLP
  • Nov 10, “Strategic Planning in a Volatile Business Environment,” by Scott MacDonald of Cox School of Business, Southern Methodist University
  • Dec 15 , “Legislative and Industry Update: 2010 and Beyond,” by Mark McCallum and Larry LeClair of NASBP staff

These are just some of the NASBP resources, which provide the surety professional a leg up on the competition. Be an astute surety professional, participate and utilize the NASBP resources, connections, and tools available to you. You will be a better-skilled surety professional, and your clients will thank you!

Todd P. Loehnert
President

Todd P. Loehnert is Senior Vice President, Bond Manager, and Co-chair of the National Surety Practice Group of Wells Fargo Insurance Services. Todd resides in Louisville, Kentucky and can be reached at Todd_Loehnert@wellsfargois.com

As a member of the House Small Business Committee, Congresswoman Clarke is committed to ensure that women-owned businesses have the same opportunities to prosper as any other business. During the 110th Congress, she sponsored H.R. 7087, legislation that would have amended the Small Business Act to establish a mentorship program designed to help minority and women-owned small businesses build their capacities and access to contracting opportunities in the construction industry.

Additionally, Clarke cosponsored the “Small Business Fairness in Contracting Act” (H.R. 1873), which would have increased the government-wide procurement goal for small disadvantaged businesses and women-owned businesses from 5% to 8%. H.R. 1873 would also have amended the definition of “contract bundling” to include procurement for new construction projects which NASBP believes is critical to allow small construction businesses to fully participate as prime contractors on federal construction projects.

The NASBP staff has worked closely with the Congresswoman’s staff on proposed legislation that provides grants to small emerging contractors to be used for professional services such as accounting and legal services to further position them to obtain surety credit. The proposal also provides grants to community colleges and universities so they may develop and administer a small business construction executive business and risk management curriculum.

Earlier, Congressman Elijah Cummings (D-MD), and Administrator Karen Mills of the U.S. Small Business Administration (SBA) confirmed that they would speak at the NASBP Fly-In—September 22nd.

Congressman Cummings, who represents Maryland District 7, recently introduced, H.R. 2991, the “Department of Transportation Bonding Assistance Authority Act of 2009,” which would provide authority for and funding of a bond guarantee program through the U.S. Department of Transportation. Cummings also serves on the House Committee on Transportation and Infrastructure and will offer his perspective concerning the status of the surface transportation authorization bill, which is set to expire at the end of September 2009. Cummings was first elected to Congress in 1996 and was re-elected in 2006 with over 80% of the vote.

As the U.S. Small Business Administration’s top appointed policy official, Administrator Karen Mills leads federal efforts to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. Key enhancements to SBA programs, including the SBA Surety Bond Guarantee Program and the SBA 7(a) loan program, recently were made in H.R. 1, the American Reinvestment and Recovery Act of 2009.

The Day’s Schedule for the Fly-in on September 22

The NASBP Fly-in begins September 22 at 8 a.m. at the Grand Hyatt Washington Hotel located at 1000 H Street, NW, Washington, DC where Congresswoman Yvette Clarke (D-NY), Congressman Elijah Cummings (D-MD), and the U.S. Small Business Administration’s (SBA) will speak during a briefing and orientation program. That afternoon is reserved for NASBP members and affiliates to visit with their Congressional representatives to discuss issues that impact the surety industry. The day will culminate with an NASBP-hosted evening reception (with hors d’oeuvres and cocktails only) on Capitol Hill beginning at 5 p.m. in the Rayburn House Office Building room B-338.

Schedule Your Meetings With Your Members of Congress Now Using These Five Valuable Tips

Less than 30 days remain before the NASBP Fly-in. NASBP recommends that, if you have not already done so, that you send your meeting request letter to your Member of Congress to schedule your Capitol Hill visit now. Members of Congress expect that this kind of request be made several weeks prior to visiting with them. For a sample meeting request letter, please visit www.nasbp.org/legflyin, the NASBP web page devoted entirely to the Fly-in. In addition, this site contains all the information you need for the Fly-in, including the meeting registration form and hotel information.

Remember to extend an invitation in your meeting request letter to your Member(s) of Congress to attend the NASBP Congressional Reception held in the Rayburn House Office Building, Room B-338 from 5:00 p.m. to 7:00 p.m.

Here are some valuable tips to consider when setting up your meetings with your Member(s) of Congress.

Tip 1: Fax, do not mail, your letter to your Member’s office, and keep a copy of the letter to re-fax if necessary. NASBP does not recommend mailing the letter, because the mail service is very slow on Capitol Hill, and some mail takes as long as three weeks to reach Congressional offices.

The fax cover sheet should be addressed to the scheduler. Please call your Member’s office to obtain the scheduler’s name. If you don’t know the number for your Representative’s office, call the Capitol Switchboard at (202) 224-3121. You can also check your Member’s Web site for this information.

Tip 2: After the letter is faxed, be sure to call the Member’s office 2-3 days afterwards to confirm the letter was received. When you reach the Congressional office, say that you are calling to follow-up on a faxed meeting request with your Member of Congress. Have a copy of your letter handy, so that you can quickly state the reason why you are requesting a meeting.

Tip 3: If you left a voice-mail message, wait a few days and follow-up by calling again. Be persistent (yet polite) in order to confirm your appointment.

Tip 4: After you have confirmed your appointment, send a short, written confirmation to the scheduler citing the date and time of the meeting. Also, be sure to thank the scheduler for his/her assistance with arranging the meeting.

Tip 5: Be sure you arrive on time for your meeting. Otherwise, you may lose your appointment time-slot and the chance that day to speak with your Member. If you happen to be running late, call the Member’s office and let them know.

Tip 6: After your meeting and once you return home, remember to send a personal thank-you note to the member/staff.

You can listen and pose questions to key federal policymakers that have a direct impact on your business and meet with your Members of Congress to advocate for surety by registering and participating in the NASBP Fly-in-September 22, click here.

Additionally, over the past several months, NASBP has made countless visits to Capitol Hill offices educating Congressional Staff on the importance of surety bonding. NASBP efforts have reached both sides of the aisle, as NASBP attempts to build its contacts with key Congressional staff members who NASBP can rely upon to achieve its 2009 legislative priorities.

One of those priorities is advocating for legislation to enable small disadvantaged, minority, women-owned, and veteran-owned contractors the opportunity to participate on public construction projects as prime contractors. NASBP has met with several key Congressional staff members to advocate for amending the definition of contract bundling to include new construction projects. NASBP believes this only may be accomplished by Congress expressly including the procurement of “construction” within the scope of current anti-bundling rules. In the 110th Congress, H.R.1873 included language amending the statutory definition of contract bundling to include the procurement of construction, so that these procurements are scrutinized to eliminate improper bundling of contracts into ever larger procurements, thereby providing more small construction firms with the opportunity to participate as prime contractors on federal construction projects.

Another issue of concern to NASBP is the strict adherence to and observance of the Federal Miller Act, an Act first passed in 1935 to require that, before any federal construction project is awarded for any public building or public works project, the construction contractor must furnish a performance and payment bond to protect taxpayers, suppliers, and subcontractors in the event of contractor default or insolvency. NASBP believes that now, more than ever, it is imperative that bonding requirements in the form of bid, performance, and payment bonds from certified or admitted corporate sureties are required for all public construction projects and that any waiver of or reduction in statutory bond requirements needlessly places at risk taxpayer funds and the payment remedies of countless subcontractors and suppliers.

These issues and the repeal of the 3% withholding on payments to contractors are issues NASBP members and affiliates will be advocating for when they ascend Capitol Hill on September 22nd for the NASBP Fly-in Day. For more information on how to register, click here.

Once Congress reconvenes on September 8, NASBP will make more visits on Capitol Hill and will continue to pursue reforms to the SBA Bond Guarantee Program as well as advocate for legislation that provides grants to small emerging contractors. These grants would provide small businesses with funds for professional services, such as accounting and legal services, to help  position them to obtain financial and surety credit.

The NASBP Government Affairs Staff will continue to build awareness on Capitol Hill of the importance of suretyship in achieving the Nation’s infrastructure goals. The House has set a tentative adjournment date of October 30, and the Senate has indicated it will adjourn in early November, but has not set a date at this time.

NASBP President Todd Loehnert said, “I know that I speak for the entire Executive Committee and Leadership when I say thank you to Dick for all he has accomplished for our organization during his tenure as Executive Vice President. He and Pam will be moving to Wilmington, North Carolina next year. Rumor has it that Dick will be undertaking some work at the University of North Carolina–Wilmington, and might be playing a little more golf and possibly instructing a few future Olympian swimmers. I hope everyone will express to Dick how important his leadership has been to the Association and how we wish him the best in his endeavors.”

Richard A. Foss Executive Vice President NASBP

Foss was appointed Executive Vice President of NASBP in 1998. Foss’s accomplishments are many, including overseeing the efforts of the Association’s Finance Committee that built a strong reserve and placed the Association in the solid financial position it is in today. Under Foss, the NASBP Executive Committee established a more interactive and cooperative relationship with the Surety & Fidelity Association of America (SFAA).

The membership, however, may recognize him most for presenting the annual report known as the “State of the Industry” at the NASBP Annual Meeting and Regional Meetings, which provided a summary of the members’ and surety company CEOs’ perspective of the surety market and a forecast of the upcoming years.

Also, many pivotal events occurred during Foss’s tenure. Among them included the move of the Association to its current location in Washington, DC; creation of a third level of the William J. Angell Surety School, commonly known as the Risk Workshop; redesign of the Association’s web site—twice; migration of the Association’s newsletter, Pipeline, to electronic format; expansion of the Association’s Political Action Committee, SuretyPAC; and hiring of new professional staff.

Thanks to Foss’s oversight, NASBP has grown and is recognized today as the proactive voice of the surety bond producer on Capitol Hill.

“The NASBP Leadership and staff will keep the membership informed as this transition is completed,” related Loehnert.

Besides increasing funding of federal fraud investigations and prosecutions, updating federal fraud laws to include mortgage lending businesses, and ensuring that fraud laws apply to funds made available under the Troubled Asset Relief Program (TARP) and the economic stimulus package, FERA made significant amendments to the federal False Claims Act, provisions of which increasingly are used by the federal government to target federal contractors for civil fraud claims and counterclaims.

The amendments made to the False Claims Act by FERA are intended to broaden the reach of the False Claims Act and to undo recent legal decisions limiting the scope of the Act. In introducing S. 386, Senator Patrick Leahy (D-VT) made the following remarks: “Lastly, FERA improves one of the most potent civil tools we have for rooting out waste and fraud in government–the False Claims Act. The effectiveness of the False Claims Act has recently been undermined by court decisions which limit the scope of the law and allow sub-contractors paid with government money to escape responsibility for proven frauds.”

In fact, members of Congress believed that the original intent of the False Claims Act (FCA) had been subverted by recent legal decisions and aimed to reverse these holdings. Among those decisions within the crosshairs of Congress was the recent US Supreme Court decision, Allison Engine Co. v. U.S. ex. Rel. Sanders, 128 S.Ct. 2123 (2008), which involved a subcontractor that made false certifications to a prime contractor, but not to the federal government, and was paid by the prime contractor, not the federal government.

The decision in Allison Engine held, in part, that the provision of the FCA that imposes civil liability on any person who “knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government” requires that a party must intend that the government itself pay the claim, rather than just merely show that a false statement resulted in the use of government funds to pay a false or fraudulent claim. Specifically, the Supreme Court reasoned: ‘If a subcontractor or another defendant makes a false statement to a private entity and does not intend the Government to rely on that false statement as a condition of payment, the statement is not made with the purpose of inducing payment of a false claim “by the Government.” In such a situation, the direct link between the false statement and the Government’s decision to pay or approve a false claim is too attenuated to establish liability. Recognizing a cause of action under the FCA for fraud directed at private entities would threaten to transform the FCA into an all-purpose antifraud statute.’

Among the amendments to FCA by FERA were changes so that the reach of FCA includes parties without direct relationships to the contracting agency, such as subcontractors and others. These persons or entities no longer must present a false statement to the government directly to incur liability under FCA; rather the new amendments permit liability to attach in situations where a party’s false statement, though submitted to the prime contractor, “influences” the federal government to pay the prime contractor.

Clearly, the FERA amendments to FCA hold significant repercussions for construction contractors, subcontractors and material suppliers, and the intent and exact scope of the FCA as amended by FERA will be litigated for years to come. As more and more contractors consider entering the federal construction marketplace, bond producers, as informal business advisers to their clients, should raise as a point of discussion with such contractors the need for them to develop and maintain rigorous compliance programs intended to avert False Claims Act liability and to refer these contractors to knowledgeable attorneys and consultants who can assist them with that process.

Construction-related professionals are not the only entities that need to be aware of professional and pollution liability exposures. Contractors face potentially significant liability when they act as the lead for a design-build project or assume design risk through contractual design responsibilities, liability that sureties need to know about.

Why Contractors Need Design Liability Coverage

When design professionals provide services, the law states that they must act in accordance with the professional standard of care. That means that they must act the same as any other design professional would in facing the same or similar facts and circumstances. This requirement to refrain from negligence holds true whether design professionals are working on their own or for a contractor. Working “for a contractor” could vary from an employed licensed design professional to an independent professional for whom the contractor is vicariously liable.

Today, many design professionals provide services directly for contractors. If a design professional works for a contractor, the contractor is liable for the performance of that design professional’s services, meaning that the contractor can be held legally responsible if the design professional is found to be negligent in any way. This legal responsibility does not disappear when the project is complete. Contractors can remain exposed to claims alleging harm from negligently provided professional services at least through the period of the applicable state statute of repose.

A contractor can be held liable for design negligence when the contractor hires a design firm as a subcontractor or combines with the design firm in a joint venture. Even in situations where a contractor cannot legally hold itself out as providing design services, it retains its vicarious liability for the negligence of the subcontracted design professional or joint venture partner. That is why when a contractor enters into a design-build agreement with a client, the contractor usually is required, either directly or through its designer, to carry professional liability insurance to cover this exposure. For instance, if ConsensusDOCS 410, Owner/Design-Builder Agreement and General Conditions, is used as the design-build agreement, the contractor is required to obtain professional liability insurance either directly or through the subcontracted design professional.

It’s also possible that the contractor may have design responsibility and liability even under the traditional design-bid-build project delivery method when elements of the design are delegated to the contractor. Design liability can exist on either a direct or vicarious basis even if state law prohibits the contractor from providing the services of a licensed design professional. In most situations, even though the services are to be provided by a licensed design professional on behalf of the contractor, both the contractual and tort liability risks still belong to the contractor.

A typical design liability policy covers contractors for their liability arising out of the performance of professional services rendered by its in-house design staff who are legally qualified to provide such services. The policy also covers the contractor’s indirect design exposure arising out of the performance of professional services rendered by subcontracted design firms, such as when design has been delegated to the contractor. When a contractor’s responsibility goes beyond construction to project design in a design-build or delegated situation, or to construction management, the need for contractors to carry professional liability coverage increases.

Joint Ventures

In some contractor/design professional joint ventures, little advance planning is given to a reasonable allocation of risk. The design professional may be jointly and severally liable for exposures it can neither manage nor insure. Likewise, a contractor’s risk may extend to professional liability exposures. Certainly, a contractor does not want the other joint venture member to be “going bare” when design liability is such a great exposure.

Contractors who take on design responsibilities also take on design liability exposures. Whether through their responsibility for an employed design professional or their vicarious liability for a consultant, contractors become targets for professional liability claims. And not all of this exposure can be covered through a commercial general liability (CGL) policy or by contractually assigning the risk with a design firm. As project delivery methodologies continue to place the construction contractor in a more prominent position for design responsibility, contractors need to address their risks through programs that are focused on providing comprehensive coverage.

CGL Coverage Is Inadequate for Design Liability Exposures

Design exposures and losses are not covered by most CGL policies. Design exposures are the costs required to remedy negligent design and any necessary reconstruction. With the use of design-build project delivery, project design is intrinsic in the contract in addition to construction obligations. As stated earlier, the design exposure assumed under the design-build contract may be direct, in the case of a contractor’s own in-house design team, or it may be indirect as a result of subcontracting the design to a design firm. However, CGL policies exclude both exposures and endorsements rarely cover the real risk.

CGL policies typically provide coverage only for bodily injury (BI) and property damage (PD), as defined in the policy. The definitions of BI and PD usually do not include remedial design and reconstruction of negligent design and other associated damages such as delay claims, loss of use and other economic damages. In addition, many CGL carriers are not comfortable with the design exposure presented by either design-build or design delegation and, therefore, place a professional services exclusion on their CGL policies. This will then exclude all claims submitted under the CGL policy that arise from design-related services.

Most programs are designed to meet the specific needs of contractors responsible for design services. A policy can include contractors pollution liability (CPL) coverage in a combined contractors professional and pollution liability policy. The CPL form provides coverage for pollution claims arising out of job site activities of the contractor or its subcontractors. A pollution incident is covered if it arises out of the insured’s activities¾or the activities of any person or entity for which the contractor is legally liable.

Every surety writer is concerned with design-build project delivery. If the contract has design errors and omissions coverage in place, that concern is still present, but at least there is a transfer of risk to mitigate the impact.

If you have any questions, contact Gene Todaro of Victor O. Schinnerer & Company, Inc., at 301-961-9828 or e-mail by clicking here.

For information about ConsensusDOCS and how NASBP is involved as an endorsing member of ConsensusDOCS, click here.

This is the sixth in a series of articles on Risk Management and Insurance coordinated by the NASBP Risk Management and Insurance Committee. The author of this article is Gene Todaro, a Maryland licensed Property and Casualty insurance agent of Victor O. Schinnerer & Company, Inc. in Chevy Chase, Maryland. To read Todaro’s earlier Pipeline article, titled “Anticipating the Migration of Design Claims into the Surety Relationship,” click here. To visit the NASBP Risk Management & Insurance Committees resource web page, click here.

The views expressed in this article are those of the author and are not necessarily those of the NASBP or of its policies or positions.

The new language in the Bylaws offers NASBP the flexibility and the expediency to address critical governance matters. The Association’s Bylaws also now are in keeping with modern trends in trade association governance, which typically vest authority in the Board of Directors for any amendments to the Bylaws, since the Board of Directors comprises the elected policy and governing body of the trade association.

To view the new NASBP Code of Ethics, click here.

• September 15, “Marketing Strategies for Commercial Surety That Produce Results” – Paul Amstutz of Roanoke Trade Services, Inc. and Steve Swartz of South Coast Surety
• October 6, “Financial Reporting: Helping Your Client Get it Right” – Jerry Henderson of BKD, LLP
• October 20, “The Risks Unique to Green Buildings: What Bond Producers and Sureties Need to Know” – Martha Perkins of Whiteford, Taylor & Preston, LLP
• November 10, “Strategic Planning in a Volatile Business Environment” – Scott MacDonald of Cox School of Business, Southern Methodist University
• December 15, “Legislative and Industry Update: 2010 and Beyond” – Mark McCallum and Larry LeClair of NASBP

Since their inception in March, over 1,000 attendees have participated in NASBP Virtual Seminars. Past presentation topics have included a 2009 economic update, recent endeavors of the U.S. Small Business Administration Surety Bond Guarantee Program, a review of the commercial lending environment, bankruptcy and what it entails, and an overview of today’s surety claims.

NASBP Virtual Seminars provide members and affiliates timely information delivered to their offices by leading experts at a reasonable price.

To register for any of these NASBP Virtual Seminars, click here. To suggest a topic or to recommend a presenter for an NASBP Virtual Seminar, contact Cathrine Nelson at NASBP at 202.686.3700 or cnelson@nasbp.org.

This year’s NASBP William J. Angell Summer School, held for the first time at the University Place Conference Center and Hotel in Indianapolis, Indiana, had well-appointed classrooms, excellent accommodations, and close proximity to the heart of the city. Overall, the new location proved an ideal venue for both levels of the School.

Two classes of Level I students and two classes of Level II received instruction from Paul A. Amstutz, Dale A. (Dedi) Belis, Erle Benton, Matthew K. Cashion, David A. Castillo, Thomas P. Durkin, Edward J. Heine, J.M. (Bud) Herndon, James J. Lareau, Todd Loehnert, Thomas M. Padilla, Ralph V. Pulver, Robert E. Shaw, and Tony Yasilli. Mark C. Vonnahme, EVP of surety at Arch Insurance Group, Inc. delivered the Level II luncheon address.

Each class selected from among their peers an Outstanding Student who was recognized at graduation.

Level I Yellow Team selected Gregory Marco of E. K. McConkey & Co., Inc., and the Red Team chose Jon Perry of Utica Mutual Insurance Company.

Level II Green Team identified their Outstanding Student as Nicholas Labbe with The Hanover Insurance Company, and the Blue Team selected Brian Hartman of Seubert & Associates, Inc.

Congratulations to all graduating students and a heartfelt thanks to the faculty for generously donating their time and expertise to help educate and develop the next generation of surety professionals.

NASBP President Todd Loehnert congratulated Tom Padilla for his outstanding leadership as chair of the Professional Development and Education Committee for eight years.

Incoming Committee Chairman David Castillo and members of the Committee Matt Cashion (also a former Committee Chairman and a Past President) and Tom Durkin, also recognized Padilla’s many contributions as chair.

Level I Red Team – Outstanding Student Jon Perry (third from left) with faculty members Paul Amstutz, Tom Durkin, and David Castillo.

Level I Yellow Team – Outstanding Student Gregory Marco (center) with faculty members (from left) Erle Benton, Todd Loehnert, Dedi Belis, and Matt Cashion.

Level II Green Team – Outstanding Student Nicholas Labbe (center) with faculty members (from left) Paul Amstutz, David Castillo, Bud Herndon, and Tom Padilla.

Level II Blue Team – Outstanding Student Brian Hartman of Seubert & Associates, Inc.

NASBP became an endorsing member of ConsensusDOCS when the coalition formed in 2006, because NASBP believes that ConsensusDOCS forms are drafted by expert construction practitioners and professionals and incorporate the best practices of the industry, including fair and balanced allocation of risk, positive working relationships, and straightforward language. Learn the aspects of the ConsensusDOCS forms that will help you explain the advantages of using the ConsensusDOCS forms.

This web seminar titled, “Why Owners Choose ConsensusDOCS Over AIA,” will include a comparison and contrast to select AIA documents and their provisions. The speakers for this 90-minute presentation will include:

• Thomas M. Keranen, Esq. of Keranen & Associates, P.C.,
• John M. Sier, Esq. of Kitch Drutchas Wagner Valitutti & Sherbrook, and
• Theodore E. Argyle, Esq. of the Chief Civil Deputy Prosecutor’s Office, Ada County, Idaho.

Carrie L. Ciliberto, Esq. Director of Contracts & Construction Law of ConsensusDOCS will moderate. To register for this free web seminar, click here.

CFMA Now Endorsing ConsensusDOCS Member

Recently, the Construction Financial Management Association (CFMA) became the newest endorsing member of ConsensusDOCS. Click here to review the ConsensusDOCS press release.

Audio Broadcasts Educate on New ConsensusDOCS Forms

ConsensusDOCS offers free audio broadcasts to help surety professionals and others understand two of the new ConsensusDOCS forms: The Federal Subcontract, ConsensusDocs 752, and the Subsubcontract agreement, ConsensusDocs 725. Click here to access these audio broadcasts and their written scripts.

NASBP members and affiliates can receive up to 20% off their purchases of ConsensusDOCS forms if they insert the Partner Code, NASBP, and the Promotion Code, 400, when prompted during the purchase process from the ConsensusDOCS site.

For information how NASBP is involved with ConsensusDOCS, click here.

NASBP is an endorsing organization of the ConsensusDOCS coalition, an unprecedented effort by more than 20 other industry organizations to identify industry best practices and to incorporate such practices in a new generation of consensus industry standard form documents.

AHF Agentes De Seguros Inc.
http://www.segurosahf.net
San Sebastian, PR
Key Contact: Agustin Font

Blaisdell Bonding & Insurance Services, Inc.
http://www.blaisedellbonding.com
Brea, CA
Key Contact: Monica Blaisdell

Business Insurance Associates, Inc.
http://www.businessinsuranceassociates.com
Anchorage, AK
Key Contact: Christopher Pobieglo

Edgewood Partners Insurance Center
http://www.edgewoodins.com
San Ramon, CA
Key Contact: Lisa Lucas

Fryar Insurance Services & Risk Management
http://www.4thefirminc.com
Hayward, CA
Key Contact Walter Fryar

Taylor served in the U.S. Army, which included a tour of duty in Vietnam and for which he received the Bronze Star for Meritorious service.

Taylor is survived by his wife, Liz, and two sons, Matt and his fiancée Marisa Garza of Houston, Texas and Brian of Bryn Mawr, Pennsylvania. He is also survived by his parents Doris and Laren Taylor of Marion, Ala., his sister Sandy Workman (Gary) of Marion, Ala., two brothers Dave (Thelma) of Prosper, Texas and Duane (Ronnie) of Vienna, Va.

A funeral was held July 11 at the James J. Sweeney Funeral Home in Newtown Square, Pennsylvania and interment will be scheduled at Arlington Cemetery. Memorial contributions may be made to the American Cancer Society, 1615 West Chester Pike, Suite 102, West Chester, PA 19382. To send a message of condolence, click here.

A. C. “Ace” Tinch

NASBP was saddened to learn that NASBP activist, A. C. “Ace” Tinch, 76, President of Harding-Conley-Drawert-Tinch Insurance Agency, Inc. in San Antonio, TX, recently passed away. Tinch served as a Regional Vice President and Director of NASBP. He received many awards for his professional achievements including the Credit Executive of the Year and the Ben R. Binford Lifetime Achievement Award from the Independent Agents of San Antonio in 1997.

Tinch started his career with Fireman’s Fund in Dallas in 1955 just after the Fund had purchased National Surety from Universal CIT. He went to the last training school the Fund held in New York at the National Surety Home Office in 1956 and then returned to Dallas, where he worked until the Fund opened their Lubbock office. Tinch was moved into that Lubbock Branch as the Bond Manager. Later, Tinch was transferred to San Antonio as Bond Manager and then joined the Harding-Conley-Drawert-Tinch Insurance Agency, Inc., where he stayed.

NASBP Past President Curtis Roberts of Mills-Roberts & Associates in Dallas, TX worked at Fireman’s Fund and oversaw Tinch‘s move to the Fireman’s Fund Lubbock office. Roberts remembers Tinch fondly, “Ace was a character not soon forgotten, and he will be missed.” “During the year I was (NASBP) President (1987-88), I had my Mid Year Board meeting in San Antonio, and Ace arranged it all!”

NASBP Past President Derrell Dodson said it is poignant that NASBP’s next Annual Meeting will be held in San Antonio. Dodson said, “I wish he could have lasted another year. I know he was really looking forward to the Annual Meeting in his beloved Alamo City, as Ace used to say, ‘where sunshine spends the winter.’”

Tinch is survived by his wife, Joyce; his daughter and son-in-law, Amy and Chip Wood; and his two grandchildren, Cash and Abbey Wood. A funeral service was held August 25 for Tinch at the Coker United Methodist Church and interment was at Sunset Memorial Park. Condolences may be posted for the family at the on-line guestbook by clicking here. In lieu of flowers, the family would appreciate contributions be made in honor of Ace’s grandchildren to The Buckner Fanning Christian School, 975 Mission Springs, San Antonio, TX 78258 (210) 402-6905.

StarNet Insurance Company (NAIC #40045), has been certified and added to the Treasury’s Listing of Approved Sureties effective 07/24/09.

National Trust Insurance Company (NAIC #20141), has been certified and added to the Treasury’s Listing of Approved Sureties effective 08/06/09.

For a complete listing of all states where this companies is licensed to transact surety business, please refer to the Circular 570 and its supplements at:
http://fms.treas.gov/c570/c570.html
http://fms.treas.gov/c570/supplements.html