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Performance Bonds 101

September 2, 2022

A Review of the AIA Document A312TM-2010 Performance Bond

Episode Description: On this episode of Building Up, Jonathan Burwood, a partner in Watt, Tieder, Hoffar & Fitzgerald L.L.P.’s Boston office, joins the show to discuss the foundations of performance bonds in the construction industry with a specific focus on the AIA Document A312TM-2010 Performance Bond. We go over the general framework of the bond and the obligations and rights amongst and between the parties including the surety, principal contractor, and owner. Jonathan then walks us through his recent case and the First Circuit’s decision in Arch Ins. Co. v. The Graphic Builders LLC, 35 F.4th 12 (1st Cir. 2022), in which Jonathan successfully represented a surety in a dispute involving a claim under an AIA Document A312TM-2010 Performance Bond.

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About the Hosts

Jeffrey Katz

Jeffrey Katz is an Executive Vice President of VERTEX who leads the contract claims group. Mr. Katz is a professional engineer who has been involved as a consultant or expert on large files across North America, preparing claims and expert reports related to delay and schedule impacts, productivity claims, project completion costs, unforeseen conditions, design issues, overpayment, construction defects, and more. In 2018, Mr. Katz was selected as one of Civil + Structural Engineer magazine’s Rising Stars.

Brian Padove

Brian Padove joined Watt Tieder in 2018 after spending three years working as a litigation associate at a national insurance defense firm.

Brian focuses his practice in the areas of commercial litigation, construction law, and suretyship while representing a wide variety of clients including contractors, subcontractors, sureties, and owners.  He is admitted to practice law in Illinois, Indiana, and Wisconsin as well as multiple federal district courts.

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