Owner of pass-through sentenced for fraud | Ruling: Miller Act jurisdiction takes precedence over bankruptcy court | Surety takes over water-plant project after contractor's bankruptcy
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March 22, 2017
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Industry News
Owner of pass-through sentenced for fraud
A judge has given a yearlong prison sentence to the owner of an Illinois construction company that acted as a pass-through so another company could satisfy requirements for hiring disadvantaged business enterprises on an airport-runway project. The owner, whom a jury convicted of mail and wire fraud, falsely claimed her company rented equipment from the contractor and performed work on the project.
Chicago Tribune (tiered subscription model) (3/16) 
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Ruling: Miller Act jurisdiction takes precedence over bankruptcy court
A bankruptcy court decision holds that the Miller Act's requirement that claims be filed in the federal district court where the contract was in place takes precedence over the bankruptcy court's jurisdiction requirements. The judge did not dismiss the Miller Act claim in this case but sent it to a district court in Virginia.
Lexology/Barnes & Thornburg (3/16) 
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Surety takes over water-plant project after contractor's bankruptcy
The surety for a bankrupt contractor on a water-plant project in Kentucky has taken over to complete the project. A bankruptcy stay had delayed the project for two months.
Owensboro Messenger-Inquirer (Ky.) (3/16) 
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I-9 compliance must improve as immigration enforcement toughens
New administration's immigration focus highlights need for better I-9 compliance
(Robert MacPherson/AFP/Getty Images)
President Donald Trump's crackdown on illegal immigration likely means more Immigration and Customs Enforcement audits for companies, highlighting a need for employers to enhance Form I-9 compliance, two attorneys write. Employers can face civil and criminal penalties if they file paperwork improperly.
JDSupra.com/Ogletree, Deakins, Nash, Smoak & Stewart (3/17) 
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Policy Update
Colo. bill aims to address construction defects, spur condo development
A bipartisan group of Colorado House members has introduced a compromise measure on construction-defect claims to boost condominium development. A coalition of 40 mayors had expressed support for a related Senate bill.
The Colorado Statesman (Denver) (3/20) 
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Association News
NASBP March 28 Virtual Seminar: "Is a Mentor Program Right for Your Contractor Client?"
Join NASBP at 2 p.m. Eastern on March 28 to learn whether the Small Business Administration's All Small Mentor Protege Program is right for your contractor client. The SBA program is designed to encourage large business mentors to provide assistance to small-business proteges and creates opportunities for small and large businesses to work together in performing government contracts. While the program can benefit both the protege and the mentor, there are detailed regulations governing the relationship between the parties. Presenter Lori Ann Lange, a partner in the Washington, D.C., office of the law firm of Peckar & Abramson, will address the qualifications for being a mentor or a protege, the application process for applying to the program, and the benefits of mentor-protege relationships. Lange specializes in government contract law, bid protests and corporate compliance counseling. See her article published in Surety Bond Quarterly. Register.
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Your NASBP membership dues payment is due now
NASBP would like to remind you that if you have not paid your membership dues, your membership will terminate automatically for nonpayment. Your membership dues are due now. Only those who are in good standing and who have paid their 2017 membership dues can attend the NASBP 75th Anniversary Celebration at the NASBP Annual Meeting & Expo. Your NASBP benefits will be terminated if NASBP does not receive payment. Don't lose your membership to the national association dedicated to serving the interests of surety and allied professionals. If you have any questions or concerns, contact Dasha Brock at 202-464-1179 or dbrock@nasbp.org.
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Market Trends
Court: Federal DBE program constitutional, serves government interest
U.S. Court: Federal DBE program constitutional, serves government interest
(Pixabay)
An appeals court has found the federal disadvantaged business enterprise program serves a compelling interest in addressing bias in highway-construction contracting, making the program constitutional. The decision is in line with rulings from other appeals courts.
International Law Office (London)/Seyfarth Shaw (3/21) 
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Opinion Poll
What is the biggest concern facing multifamily construction?
Labor shortage  63.33%
All of the above  23.34%
Too much supply  13.33%
Are your construction clients focused on Form I-9 compliance as immigration enforcement grows stricter?   
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Holding on to anger is like grasping a hot coal with the intent of throwing it at someone else; you are the one who gets burned.
Buddhaghosa,
religious scholar
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About NASBP
Founded in 1942, NASBP is the association of and resource for surety bond producers and allied professionals. NASBP producers specialize in providing surety bonds for construction contracts and other purposes to companies and individuals needing the assurance offered by surety bonds.
 
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