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Understanding AIA Document A312 Bond Forms

Understand the process required to make and maintain a proper claim against the A312 Performance Bond.

Many actors on a construction project, architects, owner representatives and their attorneys often do not understand how to properly terminate a contractor from a project and then allow the surety to perform the required investigation so as to properly maintain their rights against the surety under the A312 Performance Bond. Likewise, contractors and sureties (and their attorneys) sometimes do not recognize defenses to claims made against the A312 Performance Bond and, in some cases, may actually waive available defenses to claims against the Bond. This topic helps the persons on any side of a construction dispute (owner, architect, surety, and contractor) understand the process required to make and maintain a proper claim against the A312 Performance Bond. The topic also explains the possible defenses that might be asserted against a claim under the A312 Bond and actions parties to a contract should take to ensure that they don't waive any rights they have under the A312 Performance Bond. This information is critical for construction industry professionals facing tough decisions when projects are going south.

Runtime: 87 minutes
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Agenda

Background: Purpose and History of AIA Document A312

  • The Parties: Obligees/Owners, Principals/Contractors, Sureties, Claimants (Subs and Suppliers)
  • Construction Fundamentals
  • Suretyship Fundamentals
  • The A312's Role and Development

The A312 Payment Bond

  • History
  • Revisions
  • Nationwide Applicability

The A312 Performance Bond

  • A Tour Through the Form
  • Revisions
  • Nationwide Applicability

Obligations of the Parties Under the A312 Performance Bond

  • The Surety's Obligations
  • The Owner's Obligations
  • The Principal's Obligations

The Surety's Investigation Under the A312 Performance Bond

  • When Triggered
  • What's Involved?
  • Reasonable Promptness

Surety's Defenses Under the A312 Performance Bond

  • Owner Breach of Contract
  • Improper Termination
  • Owner's Breach of Implied Warranty
  • Owner Waiver of Rights
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This course was last revised on October 31, 2016.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Adrian D'Arcy

Adrian D'Arcy

Shields | Mott LLP

  • Partner with Shields Mott LLP in New Orleans, Louisiana
  • Practices construction and surety litigation
  • Conducts regular seminars and workshops on numerous topics, including construction law, discovery in construction litigation, lien law, and sustainable building issues
  • Author of several publications related to the areas of construction law
  • Membership of numerous professional and civic organizations
  • J.D. degree, cum laude, Loyola Law School, New Orleans; B.A. degree, with honors, University of College Dubin, Ireland
  • Can be contacted at 504-581-4445 or [email protected]
Andrew G. Vicknair

Andrew G. Vicknair

Shields | Mott LLP

  • Partner with Shields Mott LLP in New Orleans, Louisiana
  • Practices construction and surety litigation
  • Conducts regular seminars and workshops on numerous topics including construction law, discovery in construction litigation, lien law, liability claims against engineers, and patent and trademarks
  • Author of several publications related to the areas of construction law
  • Member of numerous professional and civic organizations
  • J.D. degree, Loyola Law School; B.S. degree, Louisiana Tech University
  • Can be contacted at 504-581-4445 or [email protected]
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Product ID: 399242
Published 2016, 2019
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