Sentences with phrase «performance bond surety»
He has resolved major claims, often involving payment and performance bond sureties and mechanic's liens.
https://us.eversheds-sutherland.com/ Not exact matches
In the ordinary course of business, HP may provide certain clients with subsidiary performance guarantees and / or financial performance guarantees, which may be backed by standby letters of credit or surety bonds.
Prohibited acts.A credit services organization, a salesperson, agent, or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization shall not: (1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond or established and maintained a surety account as provided in section 45 - 805; (2) Charge a buyer or receive from a buyer money or other valuable consideration for obtaining or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the buyer before the extension of credit is obtained; (3) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public; (4) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit; (5) Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization; (6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or (7) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided by the Credit Services Organization Act.
Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained a bond in accordance with section 538A.4 or established and maintained a surety account at a federally insured bank or savings and loan association located in this state in the amount required by section 538A.4, subsection 5.
(1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit service organization has agreed to perform for the buyer, unless the credit service organization has obtained a surety bond of $ 10,000 issued by a surety company admitted to do business in this state and has established a trust account at a federally insured bank or savings and loan association located in this state; however, where a credit service organization has obtained a surety bond and established a trust account as provided herein, the credit service organization may charge or receive money or other valuable consideration prior to full and complete performance of the services it has agreed to perform for the buyer but shall deposit all money or other valuable consideration received in its trust account until the full and complete performance of the services it has agreed to perform for the buyer;
No credit services organization, its salespersons, agents or representatives, or any independent contractor who sells or attempts to sell the services of a credit services organization shall: (1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for or on behalf of the buyer, unless the credit services organization has, in conformity with Section 10 of this Act, obtained a surety bond issued by a surety company licensed to do business in this State.
[FN32] FCSOA prohibits the charging of consumers prior to the performance of services by a credit services organization, with the slight exception that if the provider maintains a surety bond and trust account, consumers may be billed prior to the performance of services.
A surety bond, which is also known as a performance bond, is issued for businesses and ensures that any obligation made to a third - party is fulfilled or said party will recover whatever is lost.
The following are deceptive acts: (1) To charge or receive money or other valuable consideration before the complete performance of services that a credit services organization has agreed to perform for or on behalf of a consumer, unless the credit services organization has under section 8 of this chapter: (A) obtained a surety bond issued by a surety company admitted to do business in Indiana; or (B) established an irrevocable letter of credit.
(1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services the credit services organization has agreed to perform for the buyer, unless the credit services organization has obtained in accordance with § 2404 of this title a surety bond in the amount required by § 2404 (e) of this title issued by a surety company authorized to do business in this State or established and maintained a surety account at a federally insured bank or savings and loan association located in this State in which the amount required by § 2404 (e) of this title is held in trust as required by § 2404 (c) of this title;
The Washington Supreme Court held that a full award of all costs and fees, including expert expenses, was justified where the surety compelled King County to assume the burden of legal action to obtain the benefit of the performance bond.
Mr. Regan has extensive experience representing sureties with respect to payment and performance bond claims, contractor defaults, takeover and completion agreements, and the defense of bad faith claims.
Thorough understanding of procurement - related issues such as estimating, front - loading, bid protests, surety bonds, propriety and performance - based specifications and design documents
Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA against the subcontractor.
The American Bar Association's (ABA) Forum on Construction Law event focused on the key insurance and surety bond products available to transfer risk and on issues concerning the relationship between those insurance products and contract provisions and performance obligations.
The event focused on the key insurance and surety bond products available to transfer risk and on issues concerning the relationship between those insurance products and contract provisions and performance obligations.
In a case of first impression in Connecticut, obtained summary judgment in federal district court on behalf of a surety for failure of a performance bond obligee to properly declare the principal in default and to give the surety proper opportunity to exercise its options and limit its liability.
Established new precedent in North Carolina by obtaining dismissal of all extra-contractual claims against a surety company on performance bonds.
Claims: acceleration; changes; cost overruns; defective construction; delays; design defects; differing site conditions; labor disruption and inefficiency; mechanic's liens; payment and performance bond; professional negligence; surety; terminations
We have extensive experience throughout Canada in construction - related litigation, including: improprieties in the bidding process; claims for construction liens; Performance and Labour and Material Payment Bond claims (primarily acting for surety); breach of trust; breach of construction contract claims; delays and liquidated damages claims; and problems caused by delays, damages, increases, substandard work, and debts guarantees.
In addition to our nationwide litigation experience representing businesses in sophisticated contract, construction and employment matters, we have successfully represented municipalities, other public entities, insurance carriers, their insureds, and private clients in many other areas of law, including legal and accounting professional liability, medical malpractice, construction defects and related surety and performance bond issues, commercial litigation, employment discrimination (L.A.D. and A.D.A.), products liability, Civil Rights § § 1983 and 1985 and other Constitutional claims, environmental and general insurance coverage, E.R.I.S.A., first party C.E.R.C.L.A. and I.S.R.A. actions and general negligence.
The firm is active in surety bond and construction insurance litigation including payment and performance bonds, lien bonds, financial guarantee bonds, and related instruments.