TICL Construction and Surety Law Division
A Message from the Division Co-Chairs
To CSLD attorneys:
In a moment of weakness I agreed to become both the chair of
the CLSD and the editor of its newsletter.
I have been involved with the fidelity and surety industry
for going on 40 years, and for most of that time was a member of the ABA TIPS
fidelity and surety law committee with its thousand or so members. So it came
as sort of a shock when I learned that the CLSD has only twelve members.
Ours is a relatively stable body of law (thankfully), but
cases are decided which add nuances to our understanding. And Lord help
us when the legislature goes into session; e.g. the recent change to the suit
period on SFL 137 payment bonds.
It seems to me that a lot more NY lawyers should be
interested in cases and developments in NY law concerning suretyship and
related issues. And they would also be interested in joining the Division if it
enabled them to get good and timely content.
As you may know the Real Property Law Section has a Real
Estate Construction Committee which overlaps in subject matter with the CLSD,
and that committee has more members than the CSLD. At present combining the two
construction groups is not a consideration.
One area where there is no overlap is an interest in
suretyship. So it would seem that CLSD could focus its attention on issues that
are relevant to contract and commercial surety, and insurance as it pertains
closely to construction. For example, earlier this month I posted a summary of
a case concerning the exposure to a subcontractor for failure to procure
additional insurance for an owner and GC.
I would also like to see us disseminate information on NY
law helpful to bond claim adjusters on such issues as the rights and duties to
the parties to bonds and indemnity agreements, as well as salvage rights of
One idea I have is to send members short notices by email of
new cases, etc. as soon as we become aware of them, and not wait to accumulate
them for a newsletter. The key word here is short to make
the process minimally burdensome on contributors..
I just spoke with an attorney who is a NYSBA member but is
not a member of the Division. He said he would be happy to have this timely
information, would probably join the Division, and also help send out emails
with new cases – so maybe I’m onto something here.
I solicit your suggestions to make membership in the CLSD
meaningful and relevant to practitioners, enough so that it would attract other
construction and surety lawyers to join us. Eventually we may meet to discuss
issues of importance, but that’s way down the road.
C. Allan Reeve, Esq.
Reeve Brown PLLC
3380 Monroe Avenue
Rochester, NY 14618-4726sssssss
Phone: (585) 310-1610
Patricia A. Rooney, Esq.
Patricia Rooney, PC
394 South 15th Street
Lindenhurst, NY 11757
Phone: 631) 592-4405
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