Practical Guide to Construction Contract Surety Claims

Capa
Wolters Kluwer, 01/01/2005 - 963 páginas

Practical Guide to Construction Contract Surety Claims, Second Edition provides clear guidance on the methods, procedures and case law surrounding the surety process. Whether you represent the surety, principal, or obligee, this one-of-a-kind reference will provide you with the indispensable, practical guidance and reliable tools you need to manage the surety process.

Practical Guide to Construction Contract Surety Claims, Second Edition is logically organized around the various types of bonds - payment bond, bid bond, performance bond - as well as the claims that are asserted against those bonds, and the methods of investigation and resolution of those claims. It covers in detail the surety's options for resolving performance bond claims, including:

Tender Completion by the obligee Completion by surety Financing the principal

This book also addresses matters that affect the claims handling process, such as:

Bankruptcy of the principal Claims for extra-contractual damages Claims by the surety against the principal Indemnity for losses sustained by the surety The interrelationship of the surety and the insurance carriers for the construction project

Valuable analysis of case law is included within the discussion of each topic, and the relevant facts of key cases are highlighted where applicable.

Bonus Interactive CD-ROM Includes All Forms and Documents

This unique CD-ROM contains nearly 150 forms, such as sample agreements and correspondence among the parties, providing the guidance you need to act quickly and protect your client's interests in any situation.

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Páginas seleccionadas

Índice

Origins and Types of Surety Bonds
9
Form 21 GSA Bid Bond Form
27
Form 25 GSA Performance Bond Form
34
Bond Validity Commencement of Claim
39
Form 31 Agents Response to ClaimantObligee
53
Form 36 Suretys Notice to Principal
59
Bid Bonds
63
Claimants and Covered Claims
81
Postcompletion Claims
623
Bankruptcy Considerations
639
Chapter 17
649
Form 161 Motion to Lift Automatic Stay to Terminate Contract
691
Form 164 Motion for Section 105 Status Conference
697
Indemnity
703
Form 175 Acknowledgment of Default by Principal
704
Form 171 Model Agreement of Indemnity
739

Notices and Statutes of Limitations
137
Form 61 Letter from Payment Bond Claimant to Surety
163
Form 66 Letter from Surety to Payment Bond Claimant
169
Form 611 Notice from Surety to Obligee of Claim
175
Defenses and Claim Resolution
179
Form 71 Letter from Surety to Claimant Advising of Settlement
207
Example 3
213
Notices and Defenses
215
Investigation and Options
277
Form 91 Checklist of Suretys Investigation of Principals
295
Form 92 Letter from Suretys Agent to Principal Regarding Potential
304
Estimated Cost to Complete
310
Form 912 Letter of Direction from Principal to Obligee
316
Form 915 Subordination Agreement
322
Form 917 Motion to Lift Automatic Stay to Terminate Contract
327
Form 924 Acknowledgment of Default and Transfer of Collateral
340
Completion by the Obligee
345
Financing the Principal
359
Form 111 Voluntary Letter of Default to Surety
389
Form 113 Voluntary Letter of Default and Termination
391
Form 119 Sample Backdoor Financing Agreement
397
Form 1112 SuretyContractor Trust Agreement Where Surety
406
Form 1114 Joint Control Trust Account Agreement with Exhibits
415
Form 1115 SuretyObligee Agreement Where Surety Is Financing Contractor
440
Tender of the Completing Contractor
443
Form 121 Invitation to Bid for Completion Contract
459
Form 123 Invitation to Bid Fixed or CostPlus Fee
480
Form 125 Bid Proposal
487
Form 129 Agreement Between Obligee and Completion Contractor
494
Form 1213 TriParty Agreement Among Obligee Surety
501
Takeover and Completion by the Surety
511
Surety Election
535
Example No 3
544
Example No 4
550
Example No 2
559
Form 139 Completion Agreement
566
Form 1311 Government Contract Completing Contractor Agreement
574
Form 1313 Completion Agreement Lump Sum
583
Takeover
594
Closeout of the Troubled Project
601
Form 141 Closeout Evaluation Checklist for the Surety
611
Form 143 Sample Project Closeout Checklist
617
Sample No 1
748
Form 174 Notice to Indemnitors that Principal Is in Default
754
Form 176 Acknowledgment of Default and Transfer of Collateral
757
Subrogation Rights
759
ExtraContractual Damages
787
A Claims Handling Standards
790
2 Good Faith Defined
793
B Distinctions Between Suretyship and Insurance
794
Statutory Bad Faith Claims
796
A NAIC Model Acts
797
1 Definition of Unfair Claims Settlement Practices
798
B State Bad Faith Statutes
799
1 Does the Statute Apply to Sureties?
801
2 Does the Statute Create a Private Right of Action?
803
C Case Review of Statutory Bad Faith Claims
804
2 Connecticut
807
4 Maine
809
6 Missouri
810
7 Montana
812
9 North Dakota
813
11 South Carolina
814
D Preemption of Private Cause of Action
815
Surety Liability for Common Law Breach of Implied Covenant of Good Faith and Fair Dealing
817
A Implied Covenant of Good Faith and Fair Dealing
818
B Case Review of Common Law Bad Faith Claims
820
2 Arizona
821
3 California
822
4 Colorado
824
5 Connecticut
825
6 Delaware
826
8 Hawaii
827
9 Illinois
828
10 Kansas
829
12 Maryland
830
14 Montana
831
Use of Attorneys and Consultants
853
Form 201 Engagement Letter for a Consultant
869
Arbitration
875
Interaction of Suretyship with Insurance
895
Table of Cases
913
Index
937
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