Date: Friday, September 21, 2001

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 12:00 PM

Do you know how to protect yourself in the down economy? While no one can say for sure whether the construction and development industries are in for tough times, one thing is certain - it is harder for contractors and subcontractors to make sure they get paid for their work when the economy stumbles. How to Secure Payments for Your Clients in the Construction Industry looks at both traditional and innovative ways contractors, vendors and others can maximize the likelihood that they receive payment in full for the services, labor and material they furnish.

Recognized construction industry specialists will explore the range of security devices available to contractors, construction managers, subcontractors, design professionals, benefit fund trustees, and vendors on both private and public construction projects, including lien claims, bond claims, direct payment claims, contract claims and more generic approaches like real estate attachments, trustee process and inreach and applyla injunctions. The panel will also provide practical insight on a variety of ways to avoid payment problems before they start by identifying and negotiating unfavorable or oppressive contract terms and conditions.

Advocates representing any party to the construction process will find this program to be a comprehensive and practical analysis of the legal methods available to improve your clients' chances of receiving payment for labor, material and services under Massachusetts law as we face an uncertain economy.

• How to perfect a mechanic's lien under M.G.L. c. 254 and collect on it
• How to make a claim on a labor and material bond on both private and public construction projects
• How to make a claim for direct payment under M.G.L. c. 30, sec. 39F
• How to distinguish “pay if paid” clauses from “pay when paid” clauses and how to negotiate them out of your clients' contracts
• What forum is preferable for collecting on liens?
• When should you call a lawyer?

Deborah S. Griffin, Esq. is a partner in the firm of Peabody & Arnold LLP and practices in the area of commercial litigation and bankruptcy, with emphasis on construction, fraud, employment and insurance coverage matters. Her experience includes the representation of sureties, banks and bank regulators in loan and contract default situations, both before and during litigation or bankruptcy proceedings. She served a six- year term on the Governing Committee of the Forum on the Construction Industry of the ABA, and chaired that Committee for one year. Since 1984, Ms. Griffin has been a Vice Chair of the Fidelity and Surety Law Committee of the ABA's Torts and Insurance Practice Section. She lectures and writes nationally on bankruptcy, construction law and complex litigation topics, and she is a professionally-trained mediator.

Stanley A. Martin, Esq. is a partner in the Boston office of Holland & Knight LLP, where he concentrates on construction industry matters. He is a former Vice Chair of the Public Contract Section Construction Division of the ABA, a former Chair of the Public Law Section of the MBA, and has lectured on construction law at the Massachusetts Institute of Technology, Northeastern University, and Worcester Polytechnic Institute. Mr. Martin is also a member of the National Construction Industry Panel of the American Arbitration Association. He is the author of numerous manuals and papers on a variety of construction law issues.

David E. Wilson, Esq. is a partner of the firm Corwin & Corwin. The firm has dedicated its practice solely to construction law, providing representation to virtually all members of the construction community in all aspects of construction law. Mr. Wilson received a J.D. in 1983 from Boston University School of Law, and a B.A. in 1977 from Brown University. He has handled hundreds of matters, from general advice to trials in district and state courts, for subcontractors and suppliers, general contractors, sureties, construction managers, designers, and owners. Mr. Wilson has lectured and participated in numerous seminars on construction law with various trade groups, including the Associated Subcontractors of Massachusetts, for which the firm is general counsel. He is member of the MBA, Committees on Civil Litigation and Public Contracts, and the New England Construction Users Counsel.