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.
Learning Objectives
- You will be able to discuss the proper manner to present notice of a default under the A312 Performance Bond.
- You will be able to identify defenses to claims made against a A312 Performance Bond.
- You will be able to describe the pitfalls associated with not honoring respective obligations under the A312 Bonds.
- You will be able to define and understand the basic workings of the A312 Bonds.
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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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Why Lorman?
Over 37 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.
Credits
OnDemand Course
This course was last revised on May 23, 2019.
Call 1-866-352-9540 for further credit information.
- AIA 1.5
- Lorman Education Services is a registered provider of AIA-approved continuing education under Provider Number J2016. This course is approved for 1.5 Learning Unit hour(s). Prerequisite: None, Program Level: Intermediate: Advanced Preparation: None
All registered AIA CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider or this learning program may be sent to AIA CES ([email protected] or (800) AIA 3837, Option 3). This learning program is registered with AIA CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. AIA continuing education credit has been reviewed and approved by AIA CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 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
D'Arcy | Vicknair, L.L.C.
Adrian A. D’Arcy
- Partner with D’Arcy | Vicknair, L.L.C. 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
. Adjunct Professor at Loyola Law School since 2016, teaching Construction and Surety Law
- Member of the Louisiana State Bar Association, New Orleans Bar Association, U.C.D. Alumni Association, U.S. Green Building Council, and many other associations
- Listed by Super Lawyers (Louisiana – construction and surety) since 2015 and listed as one of the top 50 lawyers in New Orleans. and listed as a Best Lawyer (construction) since 2015.
- J.D. degree, cum laude, Loyola Law School, New Orleans; B.A. degree in economics, honors, University College, Dublin, Ireland
- Can be contacted at 504-701-8466 or [email protected]
Andrew G. Vicknair
D'Arcy | Vicknair, L.L.C.
- Founding Partner of D’Arcy Vicknair, LLC in New Orleans, Louisiana
- Licensed to practice law in Louisiana, Texas, and New York
- Registered patent attorney with the United States Patent and Trademark Office
- Practices intellectual property law and construction and surety litigation
- Conducts regular seminars and workshops on numerous topics, including intellectual property law (copyrights, trademarks, and patents), construction law, discovery in construction litigation, lien law, and liability claims against engineers
- Author of several publications related to the areas of intellectual property and construction law
- Member of numerous professional and civic organizations
- J.D. degree, Loyola Law School; B.S. degree in electrical and biomedical engineering, Louisiana Tech University
- Can be contacted at [email protected] or 504-636-8648
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