Ark. harbor project agreement requires $600K performance bond for levee improvements
 
February 4, 2026
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Bonding Matters
 
Freight broker liability on Supreme Court docket in March
 
trucks
(Justin Sullivan/Getty Images)
The US Supreme Court is scheduled to hear arguments in March in a case that could provide more clarity on freight brokers' liability. The dispute centers on whether the selection of a motor carrier is a core broker "service" under the Federal Aviation Administration Authorization Act, which would preempt claims of broker negligence in choosing an unsafe carrier. The case is reaching the high court amid carriers' concerns about the adequacy of the requirement for freight brokers to have a $75,000 bond in place.
Full Story: FreightWaves (1/29)
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Ark. harbor project agreement requires $600K performance bond for levee improvements
River Valley Democrat-Gazette (Fort Smith, Ark.) (1/29)
 
 
Surety working with N.Y. fire district to replace GC on delayed firehouse project
Halston Media Group (Mount Kisco, N.Y.) (1/30)
 
Behind the Scenes: Understanding the Claims Process
The claims process is more than just a procedural necessity. It's a critical function that protects the company's integrity, supports clients, and ensures compliance with legal and contractual obligations. Although every claim is unique and must be evaluated based on its specific facts and circumstances, here is a general overview of how claims are approached and the principles that guide the work. Learn More
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Leading News
 
Partial government funding package approved; limited shutdown ends
President Donald Trump signed a $1.2 trillion spending package to end the federal government's partial shutdown that began on Saturday. The spending deal, which lawmakers struck on Thursday, separates Department of Homeland Security funding from the main appropriations bill, allowing departments crucial to construction -- including Defense, Labor, Transportation, and Housing and Urban Development -- to remain funded.
Full Story: Construction Dive (2/2)
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Industry News
 
Primer on recently updated Canadian standard construction documents
The Canadian Construction Documents Committee has updated four standard contracts to reflect recent legislative changes and modernize project delivery. Key changes include the introduction of the "Ready-for-Takeover" milestone, revised prompt payment requirements, progressive release of holdback and termination for convenience. The new versions of the forms also update insurance and liability provisions and provide clarity about preconstruction services in construction management projects.
Full Story: Lexology (free registration)/Pallett Valo (1/28)
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Performance, payment bonds offer protection for Calif. private project owners in wake of limited retention legislation
JD Supra/Seyfarth Shaw (2/3)
 
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A Word to the Wise
 
Attorneys: Contractors must understand CGL policy definitions, requirements to avoid noncoverage
A federal court recently ruled that an insurer is not required to defend or indemnify a general contractor for damages related to defective work on a Navy project. The ruling highlights the need for contractors to avoid noncoverage by understanding the details of their commercial general liability policies, "including the nuances of policy definitions, obtaining insurer consent when necessary, and allocation between covered and uncovered claims," two attorneys write.
Full Story: Hunton Andrews Kurth (1/29)
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Federal case centers on additional insureds, which policy responds first in construction claim dispute
Insurance Business America (2/2)
 
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Leadership & Best Practices
 
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Weekly priority reset helps leaders stay energized, effective
Constant availability, the belief in a universal success blueprint and the need for complete information before making decisions are three productivity myths that contribute to burnout, a human-performance expert writes. One beneficial change that leaders can make is resetting their priorities weekly, an author says. "Saying yes to every opportunity fractures focus, erodes decision quality and disconnects you and your team from purpose," she says.
Full Story: Forbes (tiered subscription model) (1/29)
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Association News
 
NASBP Blog: Construction forecast -- the only thing certain is uncertainty
 
Cranes and construction of new building
(Mrs/Getty Images)
Construction contractors will continue to face challenges and uncertainty in 2026. This NASBP Blog post, from law firm Gould & Ratner LLP, reviews the issues facing the construction industry, including tariffs, supply chain issues and labor constraints. The authors offer tips to overcome these obstacles. They note that construction contractors should be well-informed on the challenges they face and seek to address them using contract terms. Contractors who have flexibility and can pivot if something is not working will be able to steer through the current obstacles. Read more.
 
Register for the 2026 NASBP Annual Meeting & Expo, May 17-20!
 
Register for the 2026 NASBP Annual Meeting & Expo, May 17-20!
(NASBP)
Registration for the 2026 NASBP Annual Meeting & Expo is now open! The NASBP Annual Meeting & Expo will be held May 17-20 at The Broadmoor in Colorado Springs, Colo. The meeting will kick off on Sunday, May 17, with a welcome reception. Monday and Tuesday will include networking opportunities and informative general sessions. The NASBP Golf Tournament will be on Tuesday on the two iconic Broadmoor golf courses, and there will be a free Texas Hold 'em-themed event for those not golfing. The meeting's final event will be an evening at the Broadmoor's Cheyenne Mountain Lodge. Visit the NASBP Annual Meeting website for agenda details, the current attendee list, nearby hotel information and to register. Direct questions via email to Bethany Jones, NASBP Meeting Planning Consultant. Register today!
 
Feb. 24 NASBP-supported ConsensusDocs webinar covers the Progressive Design-Build project delivery method
 
Feb. 24 NASBP-supported ConsensusDocs webinar covers the Progressive Design-Build project delivery method
(ConsensusDocs)
Learn more about Progressive Design-Build (PDB), why it is growing in popularity and what risks to look out for in this upcoming NASBP-supported ConsensusDocs webinar. Join "Progressive Design-Build: Concerns, Opportunities, and Latest Twists" at 2 p.m. Eastern on Tuesday, Feb. 24. The webinar will cover the benefits and drawbacks of using PDB and will share strategies for fairly allocating risks and addressing risk exposure. The presenters will review the new ConsensusDocs standard form contract addressing PDB and give tips on implementing the new form. The webinar costs $79. Register today! For more information about NASBP's active role as an endorsing member of ConsensusDocs, visit the NASBP website.
 
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Tips & Takeaways
 
Insurers, brokers consider the unique opportunities, challenges of data center boom
Insuring data center construction projects has become increasingly complex, as the scale and speed of such projects lead to large exposures and unique risks, insurance and brokerage leaders say. "When you have so many insurance parties participating, it becomes a bigger challenge to line up everybody," because "everybody, at the end of the day, needs to be on the same page and offer one set of terms," an engineering underwriter says.
Full Story: Insurance Business America (1/27), Insurance Journal (2/3)
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Opinion Poll Results
 
Do your construction contractor clients have a consistent hiring process to ensure candidates will be good team members?
Yes, most - 21%
 
Yes, a few - 21%
 
No - 25%
 
Not sure - 32%
 
 
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ICYMI: The most popular stories from our last issue
 
 
Acquisition positions national producer to grow online bond services
Business Insurance (1/21)
 
 
Appeal bond required to challenge funding source of Ga. school construction project
Decaturish (Ga.) (1/20)
 
 
An introduction to surety bonding for construction contractors
JD Supra/Smith Debnam Narron Drake Saintsing & Myers (1/23)
 
 
 
 
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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Contact NASBP®
 
National Association of Surety Bond Producers
7735 Old Georgetown Road, Suite 900
Bethesda, MD 20814

Phone: 240-200-1270
Fax: 240-200-1295

info@nasbp.org
www.nasbp.org
 
 
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1954-2026

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