Category Archives: tips

Is your Contractor’s Surety Company financially strong? (Guest Post)

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Today we have a guest post from JW Surety on how to find bonding companies, check their solvency, and see how each surety company compares to one another.  As the design professional of record, the architect is often faced with reviewing the bid applications and paperwork, including bonding information.  With the increasing number of failing companies, including insurance companies, over the past few years, checking the bonding company’s financials makes good sense.

Much is unknown about surety bonds and, more importantly, what bond types are required in order to start your shop. The following three steps can help customers [Ed. note: or architects conducting due diligence] determine the best surety company for their bonding needs:

hand signing surety bond application

1)     Are they licensed?

As required by law, surety organizations must be licensed in order to operate as per their state guidelines. These licensing requirements are strict and involve background investigations into each company’s history. The benefit for customers is knowing that those surety companies which are licensed to operate are not only qualified, but they are ethically secure to practice. Those beginning the surety search can look through the U.S. Department of Treasury’s list of licensed companies to get a better understanding of which companies to reach out to.

2)     How are they classified?

Customers should get a firm understanding of how each surety company ranks in comparison to each other. To help make this process more manageable, consumer protection organizations do their own investigation and analysis and publicize their findings for others. Although there are several of these agencies, one of the most respected is Dun & Bradstreet, who offer their findings for a nominal fee. Customers can search through thousands of surety companies, gauge how long they’ve been operating, and assess which agencies they believe are most reputable for their bond needs.

3)     Is a surety broker a more viable option?

Brokers are similar to surety bond companies in that they are able to produce and distribute bonds. Typically, these individuals have established relationships with several high-level surety bond organizations, and can help advise customers on what types of bonds to secure, and how much it will cost them up front and annually. Often times individuals prefer the one-on-one relationship brokers offer. Customers interested in finding a reputable surety bond broker should look through the directory of the National Association of Surety Bond Producers.

Thanks JW Surety, for your guest post.  Welcome to my new subscribers this week!  Please contact me with any of your thoughts or concerns regarding construction law, and I’ll address them in upcoming posts.

Photo (c) JW Surety

Free money for design professionals (and other lucky folks)? (Tue Tip)

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free money bridge sign

Okay, I’m technically cheating.  Today’s Tip is not specific to architects or engineers.  However, it is something that might put a little dough in your pocket that you didn’t even know you had coming to you.

Have you heard about the websites that can help you locate money due to you from a state government’s unclaimed property account?  This is money that is due to folks from old utility accounts, cell phone accounts, and the like.  If the company cannot locate the person they owe the refund to, they escheat it to the state.

Spend 5 minutes the next time you are internet surfing to see if you are owed any money.  Start with MissingMoney and plug in your name (and likely misspellings of your name).  You will note that many states (including North Carolina) are not yet listed with that national site; however, the MissingMoney site will give you the quick link to those states’ websites for “lost money”.  (North Carolina’s website for unclaimed money is here).

In playing around with these sites the other day, I found money owed to my Uncle, a cousin, and a college roommate.  While I didn’t find any money due to *me*, it was still a worthwhile exercise.  Everyone can use “free money” when they happen upon it, right?

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Photo (c) jazza2 via Creative Commons license.

Irene Damages Main Roadway on Outer Banks (pictures & data)

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[This article was originally published on September 1, 2011]

Hurricane Irene brought untold damage to much of the Eastern Seaboard over the weekend.

Our own Outer Banks, often a magnet for Hurricanes and nicknamed “Hurricane Harbor”, was hit once again.  Irene opened up two new (temporarily, at least) inlets and will require significant repairs to NC Route 12, the main transportation route on the Outer Banks.  Transportation engineers will be working on Rte 12 for some time.

A picture of one of the new inlets is below:

Hurricane Irene road damage on outer banks of NC

This picture comes from Western Carolina University’s Program for the Study of Developed Shorelines.  You can find much more information about the damages on various portions of the Outer Banks, and see other interesting pictures, by downloading the full report here: Update on Outer Banks after Irene.

Sleep, perchance to get LEED credit? (Tue Tip)

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dog sleeping on the job

Sleep.  A subject dear to my heart.  I currently have a coffee mug at work that says: “Eat. Sleep. Read.”  Seriously; that’s what it says.  (h/t to Malaprop’s Bookstore in Asheville for the mug).  What does sleep have to do with the subject of construction law besides, that is, the potential of any legalese to cure insomnia?  LEED-sanctioned nap rooms.

What is that you say? Never heard of such a thing?  Well, now you have.  There is a move afoot to get the USGBC to give LEED credit (that is, green design credit) for buildings that utilize nap rooms.  According to Rob Freeman of green-buildings.com, such nap-specific spaces might qualify in future LEED rating systems based on the proven benefits of napping on employee productivity.

I knew there was as reason I loved my naps….. productivity, of course!

Seriously, do you think a “nap room credit” should become part of a future LEED rating system?  What about the issue raised by a commenter to the article, that the use of the room might change over time, negating the positive impacts?  Share your thoughts below. 

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Photo:  Sleeping on the Job by SEO via Flickr/Creative Commons license.

Get Your Flu Here! (aka: Don’t Miscommunicate on Your Construction Project!) (Tue Tip)

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Continuing our theme from last week’s donkey sign about communicating clearly with your client, today we have another sign to add to our growing collection.  This one is an example of marketing-gone-awry, and comes to us from the good folks at Target:

Flue HQ sign

Now, I’m sure the marketing folks though that “Flu HQ” was a nice little rhyme.  However, I’m not sure Target really wants to be known as the headquarters of the annoying, damaging, and sometimes fatal disease called the flu. 

I’m sure what Target meant by “Flu HQ” was that it carried all of the supplies and medicines needed to help alleviate flu symptoms.  But that’s not exactly what it is saying by this sign.

I can hear some of you now saying that I’m arguing semantics, which is typical for a lawyer.  Remember, though, when it comes to large construction disputes– everyone has a lawyer (or two, or three) and semantics will come into play. 

Consider this another fair warning to have your construction contracts in place, and vetted by both your attorney and your insurance carrier to prevent miscommunication.

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Photo in this post: Creative Commons License