ISTOCK.COM/IRYNA DROZD By Barry A. Fischman and William R. Kuhlman of Marcum LLPMarch 2023 Investing in research and development can save contractors time and money. However, a change in tax law may present a surprise tax bill for contractors when filing their taxes in 2022. Background The Research and Development (R&D) tax credit was created in 1981 to encourage businesses to ...
Read More »Author Archives: Rick Goldstein
Arbitration or Court for Construction Disputes: The Pros and Cons
ISTOCK.COM/ANDRII YALANSKYI BY DAVID K. TAYLOR AND KYLE M. DOIRON of Bradley LLP Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of court or arbitration. Trial courts, overwhelmed by a flood of cases and ...
Read More »Equitable Subrogation: No Court Order, No Surety Indemnity Under Principal’s CGL
By Marina S. De Rosa of Ernstrom & Dreste, LLP ISTOCK.COM/STEPPRO It is well established that a surety has contractual and common law rights to recover losses from its principal and indemnitors, as well as the right to equitable subrogation to recover against others with a relationship to the principal, such as the principal’s liability carrier.[i] However, whether a surety ...
Read More »From CMMC Certification to False Claims Act Enforcement: Federal Privacy and Security Initiatives Every Bond Professional Should Know
Federal Privacy and Security Initiatives Every Bond Professional Should Know.
Read More »Federal Contracting Risk Assessment: Suspension and Debarment
Government agencies tend to exclude small businesses more often than large ones.
Read More »AIA A312 Performance Bond: Obligee Obliged?
This form lays out conditions and responsibilities for the obligee and surety.
Read More »After Church Fiasco, Surety Team Counts Its Blessings
A Successful Succession Plan Starts With a Strong Surety Partnership
ISTOCK.COM/DESIGNER491 By Bryan C. Porter and Todd Feuerman of Ellin & Tucker In a marketplace filled with labor shortages and supply chain uncertainty, construction firm owners and executive management teams must be focused on completing construction projects on time and on budget. But as they balance long-term strategies with daily demands, succession planning may be the one task that should ...
Read More »The Efficiencies of Technology in the Surety Industry
ISTOCK.COM/ANVABERKUT by Jessica Mann of Tinubu Square Americas Long reliant on paper contracts and manual processing, the surety industry is evolving. The pandemic expedited digitization across the industry, and we’re now utilizing technology in new ways to facilitate underwriting, simplify the bond placement process, and automate workflows. While wet signatures and mailed contracts were once commonplace, digitized processes are becoming ...
Read More »Hot Topic: The Labor Shortage: Why Should Your Strategy Consider the Role of Company Culture?
ISTOCK.COM/VERORO39 Hot Topics in Construction and Surety Risk Management Construction accounting and legal expertise—insights from construction CPAs and attorneys serving on the NASBP Advisory Councils. NASBP is pleased to showcase, for the benefit of readers of Surety Bond Quarterly, the expertise of some of the outstanding construction CPAs and attorneys who serve on the NASBP CPA Advisory Council, www.nasbp.org/cpaadvisorycouncil/home, and the NASBP Attorney ...
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