Jonathan P. Sauer
Attorney at Law
Sauer & Sauer
15 Adrienne Road
East Walpole, MA 02032
Phone: 508-668-6020 / Fax: 508-668-6021
SCHEDULE ONE OF OUR FREE SEMINARS AT YOUR CONVENIENCE!
Contractors and Friends:
We only give our Massachusetts construction law seminars twice per year, once in the fall and the second time in the spring. (It is too cold and travel conditions are too hard to predict in the winter. And, there are just too
many things to do in the summer, some of which, hopefully, are fun in the sun and the rest performing a lot of profitable jobs during the peak construction season!) These are seminars designed specifically for material
suppliers, subcontractors, general contractors, homeowners, owners and sureties – not for lawyers. No prior education or knowledge is necessary or expected.
Starting on April 18, 2017, we’ll give our six most popular seminars plus a new seminar on selected dates in April, 2017 and in May, 2017, the seminars beginning on April 18, 2017 (the day after Patriot’s Day)
and concluding on May 24, 2017, (two days before the start of the Memorial Day weekend.)
These free seminars are: (1) How To File a Payment Bond Claim; (2) How To File Mechanics’ Liens; (3) Understanding and Negotiating Subcontracts; (4) Differing Site Conditions, Changes and Delays; (5) Protecting
Your Accounts Receivable; and (6) The ABC’S of Massachusetts Public Bid Protests. Our newest seminar, given for the very first time, is (7) Dealing With Your Surety When Claims Are Made Against Your Bonds.
Each seminar will be given two times, all seminars being given at ten am on the dates indicated below. Each seminar goes for between one and one-half hours and two hours. In by 10? Out by 12!!
To take one or more of these seminars, simply send us an email with the name of each
attendee(s) with basic contact information (company name, telephone number and email address), indicating which seminar(s) you would like to take and on what date(s). If you could make the other date the seminar
will be given as a second choice, please let us know. All seminars will be given at our conference facility, which is Sauer & Sauer, 284 Main Street (Route 1A), Walpole, MA 02081. If you send in an email registration, you
are ‘confirmed’ unless you hear from us otherwise. We ordinarily do not send out ‘confirmation’ emails.
Now, we’ll commence with the sell. How’s this for a teaser?
HOW WOULD YOU LIKE TO POTENTIALLY MAKE AN ADDITIONAL ONE HUNDRED AND NINETY-FIVE THOUSAND DOLLARS IN 2017 WITHOUT WORKING ONE EXTRA HOUR?
? At the end of virtually everything I write is our slogan “Knowledge Is Money In Your Pocket! (It really is!)” As an attorney practicing only construction and surety law, I frequently talk with general contractors, subcontractors, material suppliers,
homeowners and other owners who have lost rights with issues involved with each of the seven topics and seminars described below simply because they didn’t know what to do when doing something might have made a difference.
Sometimes, I tell them that I can’t do anything for them. Or, that I can do something for them but not as much as what I might have been able to do if I had been involved with the problem earlier. Having a knowledgeable construction attorney involved
with your problem as early as possible can both save you some attorneys’ fees and increase the chance of your having a better result.
The time to protect your rights is before they are irrevocably damaged or lost. And, the only way you can do that – apart from getting your attorney involved with an issue earlier - is if you yourself know what your rights and obligations are before the
issue arises or has gotten out of hand. Using the information you can get from the free seminars described below, may save you money and put you in a position to better handle the problem or issue. It might even save your
And, that is the goal of all of my writing, all of my teaching and the website. A great many people have taken advantage of these resources, to their benefit. And, why shouldn’t you be one of them?
The first collections seminar I gave twenty years or so ago - other than giving seminars for specific companies in-house and through insurance agencies for their customers and prospects, which I still do today - was at Bentley College. There were forty-two
attendees. When I gave the same seminar a year later, I saw that someone taking it had already been to the previous collections seminar the year before. I asked him why he was taking the same seminar twice. He told me that
using what he had learned at the first seminar, he had made or collected $195,000 the previous year that he would not otherwise have made.
Could you use an additional $195,000? Who couldn’t? Imagine what you could do with that money!!
While reading someone’s articles – mine included - is fine, nothing beats an ability to ask questions and benefit from the comments and experiences of your fellow attendees. We’ve also have found that, in many instances, class attendees make some new
business contacts in class that they might not otherwise have made, which could lead to business opportunities.
Here are the seminar descriptions and the dates each will be offered:
1. “HOW TO FILE A PAYMENT BOND CLAIM”
As to payment bonds, topics discussed include:
- Bonds are not insurance, and why that matters
- What does it mean to ‘file’ on the bond.
- How do you get a copy of the payment bond.
- What are the parts of a payment bond you need to understand.
- What are the three most important provisions in the payment bond.
- How do you write to the bonding company, including what documents do you send them and why.
- How long do you give the bonding company to settle your claim before initiating suit.
- How do you motivate the bonding company to settle your claim.
- How the bankruptcy of the bond principal affects your payment bond claim.
- What are the particular bond provisions as to private and public (state and federal) work.
- The ‘other’ payment bond to be aware of.
- The all-important ‘third party verification’ of your claim.
- Filling out proofs of claim.
- How to set up your claim to maximize the possibility of obtaining interest.
- Tolling agreements.
- Payment plans with your debtor as are affected by surety bond claims.
The thrust of this seminar is to assist the attendees in better understanding how to prepare for the filing of a payment bond claim and how to enforce payment bond claims.
This seminar will be given on: April 18, 2017 and on May 10, 2017
2. “HOW TO FILE MECHANICS’ LIENS”
With regard to mechanic’s liens, we will discuss Massachusetts lien law and explain:
- How one files a lien.
- When do you file a mechanic’s lien.
- Where do you file the lien.
- Who has to get notice.
- What is necessary to have in order to file a mechanics’ lien.
- The importance of the written contract.
- Notices of identification.
- The ‘back door’ lien
- How to maximize the potential value of your lien
- The rights of second tier material suppliers and subcontractors as compared with the rights of first tier material suppliers and subcontractors.
- Lien rights as to condominium common areas.
The thrust of this seminar is to assist the attendees in better understanding how to prepare for the filing of a mechanic’s lien and how to preserve lien rights.
This seminar will be given on: April 19, 2017 and on May 12, 2017
3. “UNDERSTANDING AND NEGOTIATING SUBCONTRACTS”
Topics to be discussed include:
- Pay-when-paid clauses.
- No damage for delay clauses.
- Unilateral right of termination clauses
- The three elements of every contract.
- Liquidated damages and actual delay damages.
- Incorporation by reference of other contractual documents into your contract.
- When (and whether) proposals are part of the contract.
- Letters of intent – when are they enforceable and when are they not.
- The importance of attorneys’ fee and higher interest provisions as contract terms.
- The use of emails in helping to create contracts.
- The importance of understanding lien waivers and releases, especially “partial” ones.
The thrust of this seminar is to assist the attendees in better understanding the practical and legal significance of the contracts they negotiate and sign.
This seminar will be given on: April 21, 2017 and on May 15, 2017
4. “DIFFERING SITE CONDITIONS, CHANGES AND DELAYS”
This seminar will discuss common problems relating to differing site conditions, changes and delays, including:
- Notice provisions.
- What constitutes proper notice along with the timing and the form of the notice.
- Ways of getting around notice provisions.
- Construction change directives.
- Work done under protest.
- What to do when your contracting party refuses to give you a change order prior to doing the work.
- Statutory provisions bearing on some of these issues.
- The importance of pictures and videos.
- The importance of good daily reports.
- The authority of superintendents to order you to perform extra work.
- What signed t & m slips and verification of daily time and materials actually mean.
The thrust of this seminar is to assist the attendees in better understanding how to proceed with changes in the work occasioned by changes in the scope of work, plans and specifications and changes occasioned by differing
site conditions and delay.
This seminar will be given on: April 24, 2017 and on May 17, 2017
5. “PROTECTING YOUR ACCOUNTS RECEIVABLE”
These items will be discussed:
- Better understanding how to prepare and enter into simple written contracts with as little as two or three sentences, which you can prepare yourself, all done through emails!
- Better understanding how and when to file a mechanic’s lien
Better understanding how and when to file a payment bond claim.
- Better understanding the additional required steps for lien and bond claims for second tier material suppliers and subcontractors (those whose contracts are with subcontractors, not with the general contractor.)
- Develop strategies for obtaining information as to your contracting party’s other jobs in case it is necessary for you to ‘reach and apply’ (attach) them to get paid.
- Better understand your obligations to give your contracting party notice as to your claims for changes, differing site conditions and delays.
- Better understanding lien waivers and releases, partial and final
- Better understanding how and when to pursue dispute resolution.
- Better understanding how not to allow your receivables to excessively age.
- Better understanding that of your customer’s three potential responses to your bill, there is only one response that you can influence in order to get paid.
- Reach and apply actions.
The thrust of this seminar is to assist the attendees in better understanding how to protect their accounts receivable.
This seminar will be given on: April 26, 2017 and on May 19, 2017
6. “THE ABC’S OF MASSACHUSETTS PUBLIC BID PROTESTS”
Topics to be included:
- What documents you need to file a bid protest
- What are the tactical decisions that need to be made before filing a bid protest.
- Strategies in proceeding with an ‘unofficial’ bid protest
- What happens at an AG bid protest hearing
- What preparation you need in order to improve your chances of success with your bid protest
- What are the grounds you need to file a potentially successful bid protest.
- What bid errors require mandatory rejection of a bid and what bid errors the awarding authority has the authority to waive as minor bid defects.
- Under what circumstances you should file an AG bid protest.
- Under what circumstances would a court action be preferable.
- Appealing an adverse bid protest decision.
- How bid protest decisions are enforced.
- The value of ‘love me’ letters.
This seminar will be given on: May 8, 2017 and May 22, 2017
7. “DEALING WITH YOUR SURETY WHEN CLAIMS ARE MADE AGAINST YOUR BONDS”
Topics to be included:
- Prior planning.
- The general indemnity agreement.
- Documenting your defenses to your surety.
- Tender of defense issues.
- Negotiating payment bond claims yourself
- Assisting the surety in obtaining completion contractors
- Repaying the surety for its loss and expense payments, including desired goals as to payment plans.
- Indemnity suits.
This seminar will be given on: April 28, 2017 and May 24, 2017
All of these seminars are free and they all will be given at 10 am on the dates indicated at our office at 284 Main Street (Route 1A), Walpole, MA.
Space is limited! To take one or more of these seminars, simply send us an email with
the name of each attendee(s) with basic contact information (company name, telephone number and email address), indicating which seminar(s) you would like to take and on what date(s). If you could make the other date the seminar
will be given as a second choice, please let us know.
We expect these seminars to fill up quickly. Book early! And, we hope to see you soon!
Jonathan P. Sauer
Sally E. Sauer
Sauer & Sauer
75 Arlington Street
Boston, MA 02116
Main Office (East Walpole)
Sauer & Sauer
15 Adrienne Road
East Walpole, MA 02032
“KNOWLEDGE IS MONEY IN YOUR POCKET”
(After all, who doesn’t like money in their pocket?)