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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.

Agenda

Faculty

Adrian D'Arcy

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]
No photo available

William D. Mumfrey

D'Arcy | Vicknair, L.L.C.

William Mumphrey

  • Associate with D’Arcy | Vicknair, L.L.C. in New Orleans, Louisiana
  • Practices Construction and Surety Litigation
  • J.D. degree, Loyola Law School, New Orleans; B.S. degree in Accounting and Finance, Loyola University, New Orleans
  • Licensed Certified Public Accountant in the State of Louisiana
  • Can be contacted at [email protected] or 504-636-8648

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