Jonathan P. Sauer
Attorney at Law
Sauer & Sauer
15 Adrienne Road
East Walpole, MA 02032
Phone: 508-668-6020  / Fax: 508-668-6021

WE ARE GOING TO BE GIVING OUR FOUR MOST POPULAR LEGAL SEMINARS FOR MATERIAL SUPPLIERS, SUBCONTRACTORS AND GENERAL CONTRACTORS ON AN ALTERNATING BASIS EVERY WEDNESDAY NIGHT FROM 6PM TO 8PM DURING THIS SPRING AND SUMMER, 2010

HERE ARE THE DETAILS!!!!

EACH SEMINAR IS APPROXIMATELY TWO HOURS LONG, WHICH INCLUDES AMPLE TIME FOR QUESTIONS, WHICH ARE ENCOURAGED!

“HOW TO FILE A PAYMENT BOND CLAIM”

            As to payment bonds, attendees will learn: bonds are not insurance;  what does it mean to ‘file’ on the bond and how do you do it;   how do you get a copy of the payment bond;   how to read the payment bond; what are the three important provisions in the payment bond; how do you write to the bonding company - 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 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.   Also discussed will be filing proofs of claim; how to preserve your claim for the longest period of time; how to set up your file to maximize the possibility of obtaining interest and (very occasionally) attorneys’ fees when your claim goes from being a claim to being a law suit.

            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: March 3, 2010;    March 31, 2010;   April 28, 2010;  May 26, 2010;  June 23, 2010

“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, where and who has to get notice.  We will discuss  the 1996 lien law revisions and how they change prior lien practice.  Various forms are included within the seminar materials.    To be discussed: what is necessary to have to file a mechanics’ lien; the importance of the written contract; using ‘notices of identification’, both as statutorily-required and as a ‘back door’ lien;  how to maximize the potential value of your lien.

            The thrust of this seminar is to assist the attendees in better understanding how to prepare for the filing of a mechanic’s lien.           This seminar will be given on: March 10, 2010;   April 7, 2010;  May 5, 2010;  June 2, 2010; June 30, 2010.

           “UNDERSTANDING AND NEGOTIATING SUBCONTRACTS”

This seminar compares and contrasts several forms of subcontracts as a teaching/learning
vehicle with regard to common contractual phrases and concepts.    Topics to be discussed include: contracts under seal;  pay-when-paid clauses;  no damage for delay clauses;  unilateral right of termination clauses;   dispute clauses and mechanisms, including mediation and arbitration;  liquidated damages and actual damages;  incorporation by reference of other contractual documents;  when (and whether) proposals are made part of the contract; the importance of attorneys’ fee and higher interest provisions as contract terms; what is a letter of intent and when will it be considered to be a contract and when won’t it be considered a contract;  the use of emails during the contract process; 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: March 17, 2010;  April 14, 2010;  May 12, 2010;  June 9, 2010

“DIFFERING SITE CONDITIONS, CHANGES AND DELAYS”

            This seminar will discuss common problems relating to differing site conditions, changes and delays and applicable legal principles applying to each, particularly various statutes and cases.     All too often, rights are lost by contractors not understanding notice provisions and what constitutes proper and contractual notice along with the timing and the form of the notice.   Also discussed will be:   construction change directives and work done under protest; what to do when your contracting party refuses to give you a change order prior to work; statutory provisions bearing on some of these issues; the importance of pictures and videos; the importance of good daily reports; how potential claims for changes interplay with signing lien waivers and releases. 

            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. This seminar will be given on: March 24, 2010;  April 21, 2010;  May 19, 2010;  June 16, 2010

“Knowledge is money in your pocket”
WATCH FOR OUR SUMMER DATES TO BE ANNOUNCED LATER!

WHO IS THIS GUY AND WHY SHOULD I GO TO HIS SEMINAR?

            Jonathan Sauer,  an attorney,  is an honors graduate of both Northeastern University and Suffolk University Law School and  practiced law in Boston  previously with four Boston firms, moving his practice to Norwood, MA in 1997.   His wife, Sally, joined the firm in 2004 as an attorney.   In thirty-four years of practice,  he has represented two dozen insurance companies in the areas of surety and property and casualty and has represented (and does represent) various material suppliers, subcontractors, general contractors and owners in all forums,  including before various federal boards of contract appeals and the MCAD and before the Attorney General's office on bid protests and, of course, in court.    He concentrates his practice on issues involving contractors dealing frequently with issues involving the competitive bid statutes,  payment bonds,  the indemnity relationship between corporate principals and individual indemnitors and their sureties,  bid protests, mechanics’ liens  and matters involving contract interpretation and litigation.    For many years, he has written the idiosyncratic “Scribbles”, an occasional newsletter with helpful articles and even lawyer jokes!  (The last several issues can be found at our website: www.sauerconstructionlaw.com) 

            He has been a member of various contractor organizations and has served on various committees for ABC, AGC and UCANE and for The American Surety Association .   He writes a portion of the “Manual of Commercial Credit”, a book published by National Association of Credit Managers every year, with comments on the bond and lien laws of seven states.   His website - www.sauerconstructionlaw.com - is quite extensive with over thirty articles and forms on timely construction issues.
 
            His offices are located at Suite 416, 1410 Providence Highway,   Norwood, MA 02062.    Tel: 781-255-0222;  Fax: 781-255-9777; Email:  jonsauer@verizon.net.  (We are in the process of changing our carrier - and, probably, email address - so, if the email doesn’t go through, please use one of the above numbers.)  

************************************************************ TO REGISTER:  Please send this page of the form by mail or fax or email indicating the desired seminars you wish to attend and on what date you wish to attend and mail your check for $50.00 per seminar to Attorney Jonathan Sauer, Sauer & Sauer,  Suite 416, 1410 Providence Hwy, Norwood, MA 02062.   If there is a specific topic you would like addressed in the seminars you have circled, please briefly describe below. (We can’t comment on specific cases you might have.)   For current clients, the seminars are free (current being defined as our presently having a file with you or our having had one during 2009).  Each seminar runs from 6 pm to
8 pm and, to keep the cost down, no food or drink will be served.

Name __________________________________
Title ___________________________________
Organization _____________________________
Tel ____________________________________
Address ________________________________
Fax ___________________________________
Email __________________________________

Which seminar(s) do you wish to attend?  Please indicate per seminar what date you will be attending.

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
_________________________________

What I would like to learn or see addressed in my seminar:
________________________________________________

_________________________________________________

_________________________________________________

Please note that the front door of our building is locked at 5:00 pm.  So, if the door is locked when you arrive, please call the office and we will let you in!!

MAP/HOW TO GET HERE
         

FROM INTERSECTION OF ROUTE 128/ROUTE ONE

            Get off 128 in Dedham going on Route One South.   We are about five or six miles away.  Proceed through Auto-Mile and at end is Boch Used Autos - New to You -  which is at the bottom of a hill on the right.   Proceed up to top of hill and there is a light. (To the right is a Stop and Shop and a Home Depot.)    Take a left at the light and drive right into our parking lot.  (Buildings are red brick, we are in the building in the middle, which will say Norwood Engineering on it.)  Free parking everywhere in a big lot.  We are on the fourth floor.   If you reach Friendly’s on Route One (on the right after Home Depot), you have gone too far. 

FROM ROUTE 95

            If you are proceeding south on Route 95 (from the direction of Route 128), get off at the ‘Coney Street, Walpole’ exit and take a right at the end of the ramp.  This will bring you to the intersection of Route One at the Walpole Mall in less than one-half mile.   Take a right on Route One and proceed to the second intersection with lights, which will be at the top of a hill.  Just prior to this intersection is a Building 19 (on the right) and across the street from the Building 19 is a Super Stop and Shop and Home Depot.  Take a right at that light and turn into our parking lot.   (Buildings are red brick, we are in the building in the middle, which will say “Norwood Engineering” on it.)  Free parking everywhere in a big lot.  We are on the fourth floor.

FROM MASS PIKE
                                                                                               
            Get off at Route 128 south in Weston - may be labeled as either Route 93 or Route 95 - and proceed south.  When you get to the Route One intersection, proceed as indicated in the first paragraph.

FROM ROUTE 495

            While on 495, get off at Route 95 North (which will be in Mansfield or Easton) and proceed north.  The sign will probably say ‘Boston’.    While on Route 95 you will pass through Sharon and Walpole.  You will get off Route 95 in Walpole near a big motel -  Super Six - and then proceed north on Route One.  Once you get to the Walpole Mall, follow the directions from Route 95.

In case you need some food or drink before coming to the seminar, continue on to the next light after our intersection going south on Route One and there will be a McDonalds on the left and a Dunkin Donuts on the right at that intersection.