Surety Bonds & Baseball (Guest Post)

ballpark construction surety issuesIn lieu of a Tuesday Tip, today we have another Guest Post, this time by JW Surety Bonds, an A+ BBB-rated surety agency outside Philadelphia that sells surety bonds nationwide.

Take Me Out to the Surety Bond Game

Nothing says summer like heading to the ballpark for nine innings of cheering, athleticism and hotdogs. While the excitement of professional sporting events may not immediately bring to mind the less-thrilling (yet highly important) world of surety bonds, the two are intricately tied together.

Most obviously, multi-million contract bonds start the process of any new stadium building project. As stadiums get more and more complex, each trying to outdo the previous contender, the financial strain put on contractors becomes more acute. Thorough research is needed by surety companies to weed out wanna-be firms from those with the actual resources and know-how to erect a high definition, 4-D, interactive scoreboard the size of theChryslerBuilding. Team owners need to know their pampered players will have a locker room to call home by the time opening day rolls around, or risk the ire of sports-deprived fans.

Beyond the general infrastructure, bonds are also required to secure everyone’s favorite part of a sporting event: the beer vendors. Corporate catering services or individual vendors hired to work in a stadium may be required to obtain liquor tax bonds as a promise to the government that they will truthfully report and pay all applicable taxes on alcohol sales.

Stadium owners can also require that food vendors of all kinds secure a performance bond to cover the length of the season. While the details of such a performance bond vary widely, they essentially serve to guarantee that the vendor will provide enough soft pretzels, hot dog buns and roasted peanuts to last through playoffs. Should a vendor default on their bond, the stadium owners could file a claim to receive funds to hire someone else to feed the masses for the remainder of the season.

About the only thing in a stadium that can’t be bonded is the players, but not for lack of trying. In 1983, the coach of aUSOlympic volleyball team admitted to requiring his star player to post a performance bond. The player had previously quit, and the coach demanded a cash deposit to guarantee the player would stick around through the 1984 Olympics if he was allowed back on the team. While creating a contractual and financial obligation for a pitcher to complete a no-hitter or a pinch hitter to steal a given number of bases would be appealing to team managers, it’s neither practical nor beneficial.

With the average cost of a new stadium at just below half a billion dollars, and annual sports revenue well into the millions, it makes good business sense for owners to carefully vet and bond all parties involved, ensuring a homerun success.

Questions or comments about surety bonds, and your experiences dealing with bonding companies?  Share in the comment section below. 

If you haven’t already, be sure to also sign up for email or RSS delivery  direct to your inbox or reader so you never miss a Construction Law NC blog  post!

 Photo by  vivoandando via Flickr/Creative Commons license.

Don’t say Please– Threaten to Tow! (aka Contracts matter)

 

No parking please sign No parking tow sign

 

I was wandering through downtown Wilmington, North Carolina the other week after a trial was pushed off of the court docket.  Not two feet away from each other I saw these two signs.

Ask yourself—if you were looking for an (illegal) parking spot to run a quick errand—which spot would you park in?  The one with the sign that nicely asks you not to park there, or the one with the sign that says they will tow you if you do?  I think we can all agree that in this case, being nice does not help that parking spot’s owner.  You know the other guy means business, so you take him seriously. 

What does all this have to do with architecture or engineering? 

It is a stark reminder that words can be powerful.  Your contract language can make the difference between getting what you want (the empty parking spot) versus having to live with something you don’t (someone in your space).  It can mean the difference between the dispute venue you favor or the right to additional compensation.

When it comes to your livelihood, don’t chance it to be nice.  Gentlemen’s agreements and saying “please” just don’t cut it any more.

Which parking spot would you use? Do I even have to ask?  Saying please is all well and good, but stating your rights upfront will get you farther.  Sign up for email updates directly to your inbox, so you never miss a post here at Construction Law NC!

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Photos in this post: Creative Commons License

ENR’s Top 500, the Economy, and Lawsuit Fever

Engineering News-Record logo

Engineering News-Record (ENR) has released its annual list of the largest 500 design firms in the United States.  The list is based on design revenue generated by the firms, and covers both public and privately-held companies.

The bad news?  According to ENR, overall design revenue of the top 500 firms ($79.8 billion in 2010) was down 0.2% from 2009.  I know my clients have been hit hard. 

One thing that construction lawyers see in down markets is more lawsuits.  Whereas in good times people will let something go to move on to their next project, in slow times contractors and owners sometimes look for a scape-goat.  That scape-goat, more often than not, is an insurance-carrying design firm.  Sad, but true.  Now, more than ever, make sure that you are practicing good risk avoidance, documenting everything, and communicating thoroughly.

There is some good news:  “There is a general feeling among the Top 500 firms that the markets will recover over the next 12 months.”  Let’s hope they are right.

What do you think?  Will the market improve this year?  How is your company weathering the economic storm? 

In the Weeds of Green Building (Tue Tip)

"Into the weeds" green building lecture

If you are in the Raleigh-Durham area, make plans to attend a discussion on green design called “In the Weeds of Green Building,” sponsored by the Triangle USGBC and the Green Home Builders of the Triangle.   

The talk will feature discussion about the first LEED-for-Homes and National Association of Home Builders (NAHB) Green certified home located “inside the beltline.” 

The designer, Michael Chandler (with partner Beth Williams) of Chandler Design Build will be on hand to discuss decisions, costs, and replicable techniques and methods. 

Lecture Details:

Friday May 13th 2011
4:30-6:30pm
2825 Barmettler Street, Raleigh, NC 27607
$15 (Triangle USGBC or GHBT Member) / $25 nonmembers.
Register here 
 
Green Homes Tour

The lecture is the kick-off for the Triangle Green Homes Tour, which is a self-guided tour of local green homes that takes place on Saturdays and Sundays, May 14 & 15, 21 & 22, 2011.

Do you have experience with LEED-for-Homes or NAHB green certification?  In your opinion, what are the most important principles to keep in mind when designing for a “green” home?  Let me know in the comment section, below.
 
 Photo (c) YogurtLand.com via Creative Commons license.

It’s a Dirty Job, but Someone had to do it!

Ever watch the TV show Dirty Jobs?  If so, then you know Mike Rowe, the real-life guinea pig who has test-driven over 300 “dirty” jobs. Now, Mike has launched Mike Rowe’s Trades Hub, a site that gathers together blogs relating to safety, equipment, contracting, legal issues, labor issues, marketing, insurance, as well as blogs covering specific trades such as architecture,  HVAC, excavation, and plumbing.  Consider it “one stop shopping” for your business.

This blog was chosen to be featured on the legal pages of the Trades Hub.  Stop on by and check it out.  There is a wealth of information on the Trades Hub  that may be helpful to your A/E/C business.

 

Comments or questions?  Just really like Mike and want to say “hi”?  Comment below!mike rowe