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Payment and Performance Bond Issues Associated with Federal Contracts Presented by:

Payment and Performance Bond Issues Associated with Federal Contracts Presented by: Eric L. Nelson Smith, Currie & Hancock, LLP. PRESENTER BIOGRAPHY Smith Currie & Hancock, LLP: 50 attorneys devoted exclusively to construction and government contracts

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Payment and Performance Bond Issues Associated with Federal Contracts Presented by:

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  1. Payment and Performance Bond Issues Associated with Federal Contracts Presented by: Eric L. Nelson Smith, Currie & Hancock, LLP September 13, 2011

  2. PRESENTER BIOGRAPHY Smith Currie & Hancock, LLP: 50 attorneys devoted exclusively to construction and government contracts Atlanta, Charlotte, Ft. Lauderdale, Las Vegas, Tallahassee, & Washington, D.C. Eric Nelson Partner with Smith Currie Primarily Trial, Arbitration, Boards of Contract Appeals, and Alternative Dispute Resolution 2 September 13, 2011

  3. Conditions for Bringing Claim • Following bond terms • Requirement of termination • Use of AIA bond versus other bonds, including Miller Act and bespoke bonds. 3 September 13, 2011

  4. Pay-if-Paid and other contract terms • What contract terms are incorporated? • Is surety really entitled to the same defenses as principal • What states enforce or do not enforce pay-if-paid for the surety? • Is no-damage-for-delay the same as pay-if-paid? • Application of notice requirements 4 September 13, 2011

  5. Post Completion Obligation • Long term warranties • Sustainability and Green requirements • Extension of limitation period on federal projects 5 September 13, 2011

  6. Waiving Miller Act Claims • Elements for Waiving Miller Act • Waiver is void unless: • Waiver is in writing, • Waiver is signed by person whose right is waived, and • Waiver is executed after the person has furnished labor or material for use in performance of the contract 6 September 13, 2011

  7. Dispute Resolution • Application of Arbitration • What contract terms are incorporated by reference? • What are the benefits of arbitration for the surety? • Arbitrating bad faith 7 September 13, 2011

  8. Payment and Performance Bond Issues Associated With Federal Contracts YOUR QUESTIONS? If you do not have the opportunity to have your question addressed during the Seminar, you may contact the presenter directly: Eric Nelson Smith, Currie & Hancock, LLP Email: elnelson@smithcurrie.com 8 September 13, 2011

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