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Surety Today™

Surety Today™

Welcome! Surety Today™ is a monthly thirty-minute telephone briefing presented by the Surety Law Group at Wright, Constable & Skeen, LLP.  No matter where you are, if you have a phone you can call in using your unique PIN and listen to seminar-quality presentations on topics that are relevant to surety claims handling.  Surety Today™ is offered to in-house surety claims professionals and consultants, designed to inform on important issues in the industry with quick, narrowly focused discussions.

Surety Today™ is presented the second Monday of the month at 12:30 PM EST. The presentations are recorded, so you can catch up on any you miss by listening on this website, as a podcast available on your favorite platform: SpotifyAmazon Music | Apple Podcasts | StitcherPodBean or on our microsite – suretytoday.net.

The Next Surety Today

November 11, 2024 @ 12:30 PM ET

To Participate:

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Listen or view prior presentations

January 8, 2024 – The New Regulations Implementing Mandatory Project Labor Agreements on Certain Federal Construction Projects – audio

February 12, 2024 – The Pursuit of Indemnity and Post-Judgement Enforcement Strategies – audio

March 11, 2024 – The Complexities of Performance Bond Claims in Green Building – audio

April 8, 2024 – Lessons Learned in Claims Handling from a Surety Claims Expert – audio

May 13, 2024 – Case Law Update – audio

June 10, 2024 – Idle Rental Equipment – audio

July 8, 2024 – Broad Bankruptcy Plan Releases and Injunctions – Supreme Court 6/27/24 Opinion Resolves Circuit Split – audio

August 12, 2024 – The Spearin Doctrine – audio

September 9, 2024: Possible Defenses Against MCA Lender Claimsaudio

October 14, 2024: Understanding the Change Order Process – audio

January 9, 2023 – Surety and Trust Funds audio

February 13, 2023 – Surety Case Law Update – audio

March 13, 2023 – Joint Ventures and the Bond Defense – audio

April 10, 2023 – Protecting the Contract Funds – Putting the Government on Notice – audio

May 8, 2023 – Understanding the Project General and Special Conditions – audio

June 12, 2023 – Navigating a Relet Process – audio

July 10, 2023 – The Surety, Set Off and Common Obligee Theory – audio

August 14, 2023 – Construction Schedules and Lessons Learned in Delay and Disruption Claims – audio

September 11, 2023 – Case Law Update – audio

October 9, 2023 – The Federal Arbitration Act and a Potential Surety Defense – audio

November 13, 2023 – New Davis-Bacon Act Regulations – audio

December 11, 2023 – Comparing the AIA A312 Performance Bond (2010 Version) and the AGC Document 606 Performance Bond – audio

January 10, 2022 – Catching Up with the FSLC in 2022audio

February 14, 2022 – The Cardinal Change Doctrineaudio

  • Episode Notes – view

March 14, 2022 – The Surety and Attorney’s Fees audio

April 11, 2022 – Critical Construction Issues for the Performing Suretyaudio

May 10, 2022 – Curious, Strange and Bewildering Situations that One May Encounter in the Surety World – audio

June 13, 2022 – The Miller Act Limitations and Procedures – audio

July 11, 2022 – The Surety and Financing the Principal – audio

August 8, 2022 – The Initial Project Site Visit –  audio

October 10, 2022 – Statutes of Repose – audio 

November 14, 2022 – Understanding CGL Policies – audio

December 12, 2022 – Federal Enclaves and Federal Supremacy Clause – audio

December 13, 2021 – Surety Case Law Update – audio

November 8, 2021 – Takeover Agreements – audio

October 11, 2021 – Funds Control – audio

September 13, 2021 – Bad Faith Claims – audio

  • Episode Notes – view

August 9, 2021 – Customs Bonds with guest John Sheppard of C.A. Shea & Company – audio

July 12, 2021 – Industry and Legislative Update with Julie Alleyne of the SFAA – audio

June 14, 2021 – Surety Case Law Update – audio

May 10, 2021 – Issues in Commercial Claims – audio

April 12, 2021 – Construction Technology – audio

March 13, 2021 – Using and Understanding the Restatement of the Law, Third – Suretyship and Guarantee – audio

  • A Primer for the Restatement of the Law Suretyship and Guaranty – read now

February 8, 2021 – A Review of the State of the Construction and Surety Industries with Bill McConnell and Diana Minchella of VERTEX

  • 2021 State of the Construction Industry presentation slides – view now

January 11, 2021 – Supersedeas Bonds – audio

  • A Surety’s  Liability on a Supersedeas Bond – by Marc Campsen, Esq. and William Pearce, Esq. – read now

December 14, 2020 – The Effect of an Incorporation by Reference Provision in the Bond – audio

November 9, 2020 – The Effect on the Surety of a Judgement Against the Principal – audio

October 12, 2020 – Surety Case Law Briefing – audio

September 14, 2020 – Revisiting the Impact of COVID-19 – audio

August 10, 2020 –  The Surety and Fiduciary Duty Obligations – audio

July 13, 2020 – Understanding Subcontractor Default Insurance – audio

June 8, 2020 – Indemnity Agreements – Useful Provisions and Potential Pitfalls for Claims Handlers – audio | presentation

May 11, 2020 – What’s Ahead Post Lockdown – audio

April 13, 2020 – Tendering a Completion Contractor – audio |  presentation

April 03, 2020 – Special Edition: Sureties Battling the Coronavirus – audio

March 09, 2020 – Resolving Issues Between Multiple Sureties with the Same Principal in Default – Revisiting the “Guiding Claim Procedures” – audio | presentation

February 10, 2020 – Catching Up With The Fidelity and Surety Law Committee – audio

January 13, 2020 – Surety Case Law Review – audio | presentation

December 9, 2019 – The Surety and Chapter 11 Bankruptcy Plan Release and Injunction Provisions. –audio | presentation

November 11, 2019 – A Cornucopia of Surety Issues – audio | presentation

October 14, 2019 – The Surety and Delay Claims: Part II – audio

September 9, 2019 – The Surety and Delay Claims – audio

August 12, 2019 – What The Surety Needs To Know About Leasing Labor – audio

July 8, 2019 – Notice, Conditions Precedent and Prejudice to the Surety Under the A312 (2010) Performance Bond – audio | presentation

June 10, 2019 – Seven Deadly Sins of the Principal with Doug Allen of Forcon International – audio

May 13, 2019 – The Surety’s Claims Against the Project Architect – audio | presentation

April 8, 2019 – Surety Case Law Updates – audio | presentation

March 11, 2019 – So What is a Books and Records Investigation – Going Beyond the Numbers with Peter Fascia, CPA, Esq., LLM of Matson Driscoll & Damico – audio

February 11, 2019 – Salvage and Recovery with Kazlow and Fields – audio

January 14, 2019 – Key Factors in Closing Out a Project with The Vertex Companies– audio | presentation

December 10, 2018 – The Surety and Bankruptcy Preferences Part Two – audio | transcript

November 12, 2018 – The Surety and Bankruptcy Preferences Part One – audio | transcript

October 8, 2018 – The Surety and Unions – audio | transcript

September 10, 2018 – The Surety and Pay-If-Paid and Pay-When-Paid Clauses – audio | transcript

August 13, 2018 – The Surety and Liquidated Damages – audio | transcript

July 9, 2018 – The Surety’s Use of Drones – with Mike Stover and the Guardian Group – Webinar

June 11, 2018 – The Surety and Davis Bacon Act – with Mike Stover – audiotranscript

May 14, 2018 – The Surety’s Reservation of Rights – with Mike Stover – audiotranscript

April 9, 2018 – The Surety and Set Off Rights: The Bad and the Good – with Mike Stover & George Bachrach – audiotranscript

March 12, 2018 – The Surety’s v. the IRS – with Mike Stover & George Bachrach –  audiotranscript

February 12, 2018 – Surety Case Law Update – with Mike Stover & George Bachrach – audiotranscript

January 8, 2018 – The Surety’s Proof of Claim- with Mike Stover & George Bachrach – audio | transcript

Find recordings on the Surety Today website here.

About Us

Our Surety Experts are here for you.

Mike Stover – Mike has been practicing law for 30 years in the surety and construction law field. He is AV preeminent™ rated by Martindale-Hubbell®, and has been repeatedly selected as a Maryland Super Lawyer® and Maryland Best Lawyer®. He has authored numerous papers, articles and book chapters on surety law issues and has given presentations at ABA/FSLC Mid-Winter and Spring Meetings, the Surety Claims Institute and the Northeast Surety and Fidelity Claims Conference. Mike is a co-founder, officer and member of the Board of Directors of the Philadelphia Surety Claims Association and is a Vice Chair of the ABA/FSLC.

George Bachrach – George has been representing surety companies for 47 years.  He is AV rated by Martindale-Hubbell®, and he has been repeatedly named as a Maryland Super Lawyer® and Maryland Best Lawyer®. He has written and published extensively in the surety field including numerous book chapters, articles and papers. He has presented at every major surety meeting and has been the editor of several ABA/FSLC publications and the Program Chair at numerous ABA/FSLC meetings. George was the Chair of the FSLC in 2001-2002 and has been Chair or Co-Chair of several ABA/FSLC Divisions over the years.  In 2009 George was recognized for his many achievements and years of service to the ABA/FSLC when he received the Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law.

Cynthia Rodgers-Waire – Cindy has been practicing law for 29 years in the surety and construction law field. She is AV preeminent™ rated by Martindale-Hubbell®, and has been repeatedly selected as a Maryland Best Lawyer® in the field of construction and construction litigation, as well as being recognized by Maryland Super Lawyers. Cindy has authored numerous papers, articles and book chapters and has given presentations at ABA/FSLC Mid-Winter and Spring Meetings, the Surety Claims Institute and the Northeast Surety and Fidelity Claims Conference. She has been involved with the leadership of the ABA/FSLC as a Co-Chair of several divisions and as a Vice Chair. She is licensed to practice in Maryland, DC and Virginia.

Richard T. Pledger – Rich has practiced surety and fidelity law for over 34 years. He is licensed in, and has practiced in, all of the state and federal courts of Virginia, including the bankruptcy courts. Rich has been heavily involved in the surety industry participating in leadership roles, writing extensively and giving presentations. For three decades Rich has represented surety and fidelity clients in all types of matters including: performance and payment bonds, financing, tender, takeover, bankruptcy, bid bonds, indemnity and salvage, coverage issues, estate matters, financial transactions, procurement contracts, and miscellaneous and commercial bonds. Rich received his juris doctor degree from the William and Mary Law School and his undergraduate degree from the University of Virginia.

Thomas J. Moran – Tom has practiced surety and fidelity law for over 16 years. He is licensed in state and federal Courts of West Virginia, Virginia and the District of Columbia. He has litigated matters in all state and federal courts where he is licensed and he regularly appears in the bankruptcy courts in Virginia and West Virginia. Tom has extensive experience in all aspects of surety law including fidelity bonds, commercial bond matters, performance and payment bond disputes, takeovers, tenders, financing and indemnity actions. He is committed to finding practical solutions when possible and he has a proven track record of positive results in the courtroom. Tom is a graduate of Cornell University and the University of Richmond School of Law.

What our listeners are saying about Surety Today™

“I wanted to say I really enjoyed this. Love the simplicity and ability to quickly hit relevant topics.”

“I found it to be informative and, for me at least, a nice change from reading through case summaries”

“It was well presented and you covered a lot of information in a short amount of time.”

“The tele-briefing was excellent”

“Very helpful.  Love it.”

“Mike’s and George’s review and analysis of recent case decisions on issues important to the surety industry are helpful to me in keeping me sharp legally and up to date.”

“Their selection of issues to discuss have been excellent.”

“I appreciate these sessions since they are always well researched and presented”

“One of the most attractive features of Surety Today is the consolidation of a lot of information into a short period of time.  The programs are well organized and are easy to listen to and follow.”

“Great performance as usual!!”

“Thanks Mike. Interesting topic and information”

Disclaimer: This podcast is not intended to provide legal advice, representation or legal services.  It is the intent of the firm and authors that this information provide a general educational and informational framework to consider and evaluate the issues discussed.  Given the variations in applicable law and facts, as well as the plethora of other factors that can arise on a case by case basis, it is not possible to provide any concrete or definitive answers for individual, specific circumstances. You should contact your attorney with specific legal needs.