Sponsored by

Chaired by Michele L. Killebrew, Esq., Lauren E. Rankins, Esq., and Diana Minchella

Sponsored by

Seventh Annual

MidwestConference

Surety & Construction Claims

Thursday, July 188:45 am - 5 pm

The Madison RoomUniversity Club of Chicago

70 E. Monroe Street

Friday, July 198:00 am – 11:30 am

The Madison RoomUniversity Club of Chicago

70 E. Monroe Street

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AGENDAThursday, July 18, 2019

Breakfast will be served from 8:00 am until 9:30 am

I. WELCOME AND INTRODUCTION OF PRESENTERS ..........................8:45-9:00 am • Moderator, Diana Minchella, The Vertex Companies, Inc.• Moderator, Lauren E. Rankins, Esq., Watt, Tieder, Hoffar & Fitzgerald LLP

II. FINANCING THE PRINCIPAL. PROS AND CONS OF FINANCINGTHE PRINCIPAL AS YOUR COMPLETING CONTRACTOR ....................9:00-9:30 am • Stephanie H. Shear, Contractor Managing General Insurance Agency, Inc. (CMGIA) • Ryan Dry, Esq., Krebs Farley & Dry, PLLC

III. TENDER AND TAKEOVER / COMPLETION AGREEMENTS. KEYPROVISIONS TO MITIGATE THE SURETY’S RISK ........................... 9:30-10:00 am • Chris Simmelink, RLI Insurance Company • Elliot Scharfenberg, Esq., Krebs Farley & Dry, PLLC

IV. RATIFYING THE SUBS AND HANDLING CORRESPONDING PAYMENT BOND CLAIMS. PRACTICAL METHODS. HOW DO YOU HANDLE DENIALS, DISPUTES AND UNDISPUTED CLAIMS? ....10:00-10:30 am• Jeffrey Katz, PE, The Vertex Companies, Inc.

BREAK .................................................................................................. 10:30-10:45 am

V. THE PRINCIPAL’S CLAIMS. AN EFFECTIVE PROCESS TO EVALUATING AND RESOLVING OUTSTANDING AFFIRMATIVE CLAIMS .....10:45-11:15 am• Ryan Issel, P.E., RLI Insurance Company• John Euwema, The Vertex Companies, Inc. • Andrew Sargent, The Vertex Companies, Inc.

VI. POSSIBLE SOURCES OF RECOVERY FOR YOUR PERFORMANCE LOSSES ..........................................................................................................11:15-11:45 am• Stephanie M. Keddy, Esq., CNA Surety• Jacquelyn A. Klima, Esq., Kerr, Russell and Weber, PLC • F. Broc Gullett, Esq., Kerr, Russell and Weber, PLC

LUNCH ................................................................................................ 11:45 am - 1:00 pm

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AGENDAThursday, July 18, 2019

(Continued)

VII. WORKING FOR THE FEDERAL GOVERNMENT. SPECIFICCONCERNS INVOLVING THE SURETY .....................................................1:00-1:30 pm• Stephanie M. Keddy, Esq., CNA Surety• Jacquelyn A. Klima, Esq., Kerr, Russell and Weber, PLC• F. Broc Gullett, Esq., Kerr, Russell and Weber, PLC

VIII. OVERVIEW OF THE BUY AMERICA[N] LAWS. ISSUES THAT MAY ARISE FOR THE SURETY ............................................................ 1:30-2:00 pm • Megan M. Burke, Esq., Travelers• Aniuska C. Rovaina, Esq., Watt, Tieder, Hoffar & Fitzgerald LLP• Sara M. Bour, Esq., Watt, Tieder, Hoffar & Fitzgerald LLP

IX. TIPS FOR THE SURETY IN DEALING WITH BANKRUPTCY ................ 2:00-2:30 pm • John E. Sebastian, Esq., Watt, Tieder, Hoffar & Fitzgerald LLP• Albert L. Chollet III, Esq., Watt, Tieder, Hoffar & Fitzgerald LLP

BREAK .................................................................................................. 2:30-2:45 pm

X. ETHICAL CONSIDERATIONS WHEN RELETTING PROJECTS .......... 2:45-3:15 pm• Gina D. Shearer, Esq., Merchants Bonding Company• Emily E. Ross, Esq., Krebs Farley & Dry, PLLC• Diana Minchella, The Vertex Companies, Inc.

XI. ETHICAL CONSIDERATIONS WHEN HANDLING THE PRINCIPAL’S CLAIMS ................................................................................ 3:15-3:45 pm

• Lauren E. Rankins, Esq., Watt, Tieder, Hoffar & Fitzgerald LLP

XII. HOW TO HANDLE AND MEDIATE CLAIMS WHEN THE CONTRACTOR IS STILL INVOLVED ........................................................ 3:45-4:45 pm

• Moderator, Diana Minchella, The Vertex Companies, Inc.• Moderator, Lauren E. Rankins, Esq., Watt, Tieder, Hoffar & Fitzgerald LLP• Kirk P. Austin, Esq., The Travelers Companies, Inc.• Hon. Lisa R. Curcio, (Ret.), ADR Systems• Laurence P. Jortner, Esq., CNA Surety• Michele L. Killebrew, Esq., Liberty Mutual Surety• Harold E. McKee, Esq., Swiss Re Corporate Solutions• Alan P. Pavlic, Esq., Old Republic Surety Company

XIII. CONCLUSION ............................................................................. 4:45-5:00 pm

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AGENDAFriday, July 19, 2019

Breakfast will be served from 7:30 am until 9:15 am

I. WELCOME AND INTRODUCTION OF PRESENTERS .......................... 8:00-8:15 am• Moderator, Diana Minchella, The Vertex Companies, Inc.• Moderator, Lauren E. Rankins, Esq., Watt, Tieder, Hoffar & Fitzgerald LLP

II. THE CPM SCHEDULE. COMMON SCHEDULINGDEFICIENCIES ............................................................................................. 8:15-9:15 am • John Euwema, The Vertex Companies, Inc.• Andrew Sargent, The Vertex Companies, Inc.

III. DAMAGES WITHOUT A CAUSE .................................................. 9:15-10:15 am • Christopher J. Brasco, Esq., Watt, Tieder, Hoffar & Fitzgerald, LLP• Matthew D. Baker, Esq., Watt, Tieder, Hoffar & Fitzgerald, LLP

BREAK .................................................................................................. 10:15-10:30 am

IV. KEY STRATEGIES FOR MEDIATING CLAIMS ANDSETTLING DISPUTES ................................................................................ 10:30-11:30 am• Christopher J. Brasco, Esq., Watt, Tieder, Hoffar & Fitzgerald, LLP• Hon. Robert J. Quinn, (Ret.), ADR Systems

V. CONCLUSION .............................................................................................. 11:30 am

*If you’re planning on taking transportation provided by the Midwest Conference, pleasemeet in the lobby of the UCC at 11:45 am to start boarding the bus. The bus will depart at12:00 pm sharp and will return to the UCC around 5:30-6:00 pm.

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Michele L. Killebrew works as Senior Surety Counsel for Liberty Mutual Surety. She earned a B.A. in History from Indiana University and her J.D., cum laude, from The John Marshall Law School. Before joining Liberty Mutual, Michele represented sureties as an associate attorney at Leo & Weber, P.C. and then started her own firm, Killebrew and Bora, LLC.

Michele L. Killebrew, Esq., Senior Surety Claims Counsel, Liberty Mutual Surety

Diana Minchella, Executive Vice President for VERTEX, manages the surety claims consulting division nationwide. Ms. Minchella has a strong background in investigating and analyzing construction claims for contractors, owners, sureties and insurance carriers on a variety of projects including commercial, municipal, healthcare, transportation, wastewater treatment and solar facilities. Ms. Minchella has the experience and capabilities to review and defend against construction claims as well as to prepare affirmative claims. Her claims experience has involved construction delays, design defects, owner-initiated changes, unanticipated weather, differing site conditions, disruption, and defective work. As a claims consultant, Ms. Minchella has experience in analyzing schedules and calculating damages.

Ms. Minchella also has a strong background in construction management and civil engineering with an emphasis in structural engineering. As a project manager with VERTEX, Ms. Minchella has provided construction management and consulting services on numerous multi-million dollar projects throughout the northeast. Many of these projects were distressed and required Ms. Minchella’s experience and leadership to bring the projects to completion. Ms. Minchella is a respected consultant in the surety claims industry.

Diana Minchella, Executive Vice President, VERTEX

Lauren E. Rankins is a senior associate in Watt Tieder’s Chicago office. She first joined the firm in 2013 as a law clerk. She then received her J.D., cum laude, from The John Marshall Law School in 2014. During law school, she was a Staff Editor for The John Marshall Law Review and Presiding Barrister for the Trial Advocacy & Dispute Resolution Honors Council. She was also recognized as part of the Dean’s List, a winner of the Dean Fred F. Herzog Moot Court Competition and a frequent competitor on a number of Mock Trial and Alternative Dispute Resolution competition teams. Prior to law school, Lauren attended The University of Wisconsin-Whitewater where she was a four-year varsity intercollegiate athlete. Lauren received many awards for her participation in intercollegiate athletics and was the proud recipient of the Marty

VanSteenderen Sportswoman of the Year Award.

Lauren is admitted to practice in Illinois and multiple federal district courts. She focuses her national practice in the areas of construction and surety law, providing a full range of transactional and litigation services. Lauren represents owners, general contractors, construction managers, subcontractors and material suppliers in a variety of matters involving contract drafting, contract negotiation, bid protests, breach of contract claims, claims for extras, defective design, delay, disruption, acceleration and claims involving mechanic’s liens. Lauren represents sureties in matters involving payment and performance bond claims on private and public projects, drafting and negotiation of takeover and tender agreements, and collateral and indemnity disputes.

Lauren serves as the Co-Chair for the Midwest Surety & Construction Claims Conference. She is also an editor for the American Bar Association Fidelity & Surety Law Committee Newsletter. She is also an Emerging Leader for Construction Financial Management Association.

Lauren E. Rankins, Esq., Senior Associate, Watt Tieder

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Stephanie H. Shear, is the owner, president of Contractor Managing General Insurance Agency, Inc. (CMGIA) a managing general underwriter of contract surety in the US. Stephanie has over 40 years’ experience in the contract surety industry writing in California and nationwide. Stephanie’s experience extends to both sides of the surety industry. She was the underwriting manager of a nationwide surety program for an MGU in California as well as underwriting California contractors as the supervising underwriter for a California surety company. She has previously owned a California Insurance Agency specializing in contract surety for contractors doing bonded work in California.

Stephanie currently oversees her staff of underwriters and their assistants as well as working on claims adjudication with in-house counsel and local legal teams across the country when required.

Stephanie H. Shear, President, CMGIA

Ryan Dry is a member of Krebs Farley & Dry in the firm’s Texas office. Acting as General Counsel for a national surety, he understands the ins and outs of surety and construction law and that the definition of a victory is unique to each new matter.

His practice focuses on the resolution of these complex construction claims with an emphasis on both creativity and efficiency. Over the years, he has successfully obtained over $22 million in collateral orders through injunctions filed all over the South, including Texas, Oklahoma, Arkansas, Alabama, and Georgia.

When not practicing law, Ryan enjoys fishing with his three children, and drinking wine on the dock with his wife when the fish are not biting.

Ryan Dry, Esq., Partner, Krebs Farley & Dry, PLLC

Elliot is a partner in Krebs Farley & Dry, PLLC’s New Orleans office. He represents sureties in all manner of disputes and regularly negotiates and litigates performance bond claims, payment bond claims, bad faith claims, and claims against indemnitors. He often gets involved in matters before a lawsuit is filed and takes a business approach to resolve matters early on and in creative ways. Elliot thinks the best solutions to a client’s problems are not always the most obvious and that in order to resolve a matter most favorably for his client, it is often necessary to think outside of the box.

On the transactional side of his practice, he has negotiated takeovers, tenders, completion agreements, subcontractor ratifications, construction contracts, financing

agreements, and collateral agreements. He has also litigated numerous cases through appeal. He has handled litigation in state and federal courts, including bankruptcy courts, as well as arbitration proceedings. Although most of his work is in Louisiana, he has also been involved in matters in Texas, Mississippi, and Alabama.

In addition to his contract surety work, he also assists sureties in handling plug and abandonment bond claims and insurers in handling claims against subcontract default insurance policies. In his free time, he likes to relax with his dog, glass of wine in hand, on the balcony of his French Quarter apartment.

Elliot Scharfenberg, Esq., Partner, Krebs Farley & Dry, PLLC

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Jeffrey Katz is a Division Manager for The Vertex Companies in New York City. He has over 8 years of experience in surety consulting and construction management and has served as an expert in multiple matters. Jeffrey graduated with a Bachelor’s degree in Civil and Environmental Engineering from Cornell University in 2010, and is a licensed engineer in the State of New York. He was selected by Civil + Structural Engineer magazine as a Rising Star in Civil Engineering and has authored publications for CMAA Advisor and the Fidelity & Surety Law Committee, and presented at the Surety Claims Institute Annual Meeting, CMAA webinars, and more.

Jeffrey Katz, PE, Division Manager, VERTEX

Ryan Issel has been a Surety Engineer at RLI Insurance Company since 2017 handling underwriting bid spread analysis, pre-claim mitigation and claim file management efforts on a range of surety matters with a focus on Performance and Payment bonds. Prior to his time at R LI, Ryan spent more than 22 years with various engineering consulting firms in Chicago. During which he gained significant experience as a licensed civil engineer in the field of transportation and civil site design and construction. His responsibilities have included construction engineering and inspection, civil design, claims analysis and project management on various projects. Ryan received a Bachelor of Science in Civil Engineering from Valparaiso University (1993) and a Master of Project Management from Northwestern University (2003), and is a licensed engineer in the

State of Illinois.

Ryan Issel, P.E., Surety Engineer, RLI Insurance Company

Chris joined RLI through its acquisition of Contractors Bonding and Insurance Company (CBIC) in 2011. Prior to that, he served as CBIC’s claims leader, adjusting payment and performance bond claims, and SIU officer, investigating suspected fraudulent claims and acting as liaison between CBIC and state regulatory and investigative bodies. He has 20 years’ experience investigating complex claims throughout the US, and has handled claims in Canada and Puerto Rico, as well. Chris is currently responsible for managing a broad portfolio of surety bond claims in the contract, commercial, miscellaneous and energy bond spaces.

Chris Simmelink, Claims Director, RLI Insurance Company

John Euwema, Division Manager at the VERTEX Denver Office, performs a large volume of work as surety consultant in complex construction projects which includes surety completion and construction claims analysis. The claims experience includes construction defect claims, delay claim and contract claims. Mr. Euwema’s experience in the construction industry includes work for federal, public, commercial and residential projects. Recent projects include commercial office spaces, hotels, high schools, colleges, fire stations, civic plazas, hospitals, parking structures, utility transmission lines, power plants and heavy highway.

Mr. Euwema’s expertise includes work as construction manager, completion contractor for surety re-let, estimating and forensic analysis for property casualty claims, owner’s representation, construction oversight, construction claim analysis and preparation,

bid review, liability review for construction defect matters, and repair cost estimating.

John Euwema, Division Manager, VERTEX

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Andrew Sargent is a Project Manager in VERTEX’s New York City office. Primarily focused on contract disputes, Andrew provides strategic risk management and dispute resolution services to sureties, owners, developers, institutions, and design professionals. Working with some of the nation’s top construction law firms, Mr. Sargent has prepared and supervised the evaluation and calculation of construction-related delay and disruption damages on a wide variety of construction projects. He has participated in all forums of dispute resolution including mediation, Dispute Review Boards, arbitration, and litigation. Andrew’s areas of expertise include forensic analysis of complex design and construction issues, development and analysis of multifaceted construction schedules, and preparation of detailed expert reports. He is pursuing a professional engineer license and is currently a licensed Engineer-in-Training (EIT) in the State of New York.

In addition to Claims work, Andrew has been involved in several large surety files. Andrew utilizes his skills analyzing construction schedules to assist clients in reviewing or developing reliable completion schedules on troubled projects. Working with some of the nation’s largest sureties, Mr. Sargent has assisted in takeover negotiations, overseen project rebids, and provided construction management services on defaulted projects. Mr. Sargent’s completion contracting experience includes managing the construction of a $12M Army Reserve Center in Tallahassee, Florida and the construction of two $16M service plazas along the Ohio Turnpike.

Andrew Sargent, Project Manager, VERTEX

Stephanie M. Keddy is Senior Claims Counsel with CNA where she manages complex surety performance and payment bond claims, as well as international performance and payment bond claims. Before joining CNA, Stephanie practiced law in Chicago for twelve years, focusing her practice on surety, construction and commercial litigation. Stephanie also served as an Assistant Attorney General for the Office of the Illinois Attorney General. Stephanie received her Juris Doctorate from DePaul University College of Law and her Bachelor of Arts in History from Xavier University.

Stephanie M. Keddy, Esq., Senior Claims Counsel, CNA Surety

Jacquelyn A. Klima’s practice focuses on commercial litigation and appeals. She is experienced in the analysis of claims against performance bonds, payment bonds, and other commercial bond forms; pursuit of exoneration and indemnification from bond principals and indemnitors; recovery of contract balances; and all aspects of litigation from the receipt of a claim through the appeals process.

Jacquelyn A. Klima, Esq., Member, Kerr, Russell and Weber, PLC

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Broc Gullett maintains a general litigation practice, with experience in the areas of medical malpractice, auto no-fault, and complex business litigation. He assists clients with various stages of litigation in state and federal court, including researching complex issues, drafting and responding to discovery requests, and arguing motions.

F. Broc Gullett, Esq., Associate, Kerr, Russell and Weber, PLC

Megan Burke works for Travelers as claim counsel in the construction services management department. Before joining Travelers, she worked as claim counsel for CNA handling surety bond claims. In addition, Megan worked as an associate attorney focusing her practice on litigation and surety defense. She currently serves on Lawyers Committee for Better Housing’s Young Professionals Board as its Secretary. Megan received her Juris Doctorate from The John Marshall Law School and Bachelor of Arts Degree from Purdue University. While at Purdue, Megan studied Political Science and Spanish.

Megan M. Burke, Esq., Claim Counsel, Travelers

Aniuska Rovaina focuses on commercial litigation, construction and suretyship, representing owners, contractors, subcontractors, and sureties in both the public and private context, providing a full range of transactional and litigation services to her clients.

Aniuska received her Juris Doctor from Chicago-Kent College of Law, where she was recognized as part of the Dean’s List. She was a member of the school’s trial advocacy team and competed in the National Civil Trial Competition. During law school, Aniuska did a judicial externship with the Honorable Judge Michael T. Mullen. Prior to law school, she worked at a commercial litigation firm in Detroit, Michigan.

Aniuska C. Rovaina, Esq., Associate, Watt Tieder

Sara Bour is an associate attorney in the Chicago, Illinois office of Watt, Tieder, Hoffar & Fitzgerald, LLP. Sara’s practice focuses on a range of complex litigation and transactional matters, with her core practice centering on commercial, construction, suretyship and insurance disputes. This includes pre-litigation investigation and case analysis, formal litigation including discovery, drafting pleadings, settlement negotiations and case evaluation, mediation, arbitration, motion practice, conducting and defending depositions, and trial. Sara is experienced in representing owners, general contractors, subcontractors, sureties and the like in both the public and private context.

Prior to joining the firm, Sara practiced family law, where she focused primarily on litigation, trial work, negotiations and alternative dispute resolution. She successfully

represented clients both inside and outside of the courtroom.

Sara M. Bour, Esq., Associate, Watt Tieder

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John Sebastian joined Watt, Tieder, Hoffar & Fitzgerald in 2013 as the managing partner of the firm’s new Chicago office. He focuses his practice primarily in the areas of surety bond, construction and commercial litigation. With an undergraduate degree in Construction Engineering Technology, and a wealth of practice experience in-house and in private practice, he is well equipped to both counsel and protect his construction industry clients in their challenging legal matters.

John has represented sureties, contractors, architects, engineers, design/builders, and trade contractors in payment disputes, design defect claims, delay claims, defective work claims, and contractor, subcontractor and owner bankruptcies. His construction law matters include defective design, delay and disruption, labor

productivity analyses, contract interpretation, differing site conditions, and surety bond and mechanics lien claims. John has also handled complex commercial litigation, including fidelity bond claims, common law fraud, breach-of-contract matters and preserving and prosecuting creditors’ claims in bankruptcy.

John counsels and advises clients on contract preparation, administration and termination, mechanics liens, and surety claims and defenses, as well as contractor, subcontractor and owner bankruptcies. He has extensive experience in claim preparation, prosecution and dispute resolution on federal, state, municipal and private contracts. John has significant litigation experience before both federal and state courts as well as the American Arbitration Association on a wide variety of suretyship, construction law, commercial litigation and bankruptcy issues.

John’s background and experience in the construction industry is a unique asset he brings to this practice. His knowledge and understanding of his clients’ business needs and challenges in the construction arena enable him to handle complex matters efficiently from a business perspective.

John E. Sebastian, Esq., Managing Partner, Watt Tieder

Bert Chollet joined Watt Tieder, Hoffar & Fitzgerald in 2013 at the firm’s Chicago office. He focuses his practice in the areas of construction and surety law, providing a full range of transactional and litigation services for domestic and international projects.

Bert’s clients include contractors, sureties, design professionals, land developers and other corporate entities. His practice includes contract negotiations and formation, contract litigation and alternative dispute resolution specifically for clients in the construction industry. His experience enables him to represent clients in all phases of complex litigation in both federal and state courts in addition to arbitration and mediation proceedings.

Bert routinely handles a variety of matters for his construction clients, including, but not limited to:

• Bond claims and mechanics liens• Contract negotiation for public and private projects• Indemnity• Delay and cumulative impact claims• Bankruptcy claims and litigation• Wrongful termination claims• MBE and DBE matters with the City of Chicago, various state governments and the federal government• Subdivision development projects

Bert also has extensive experience representing sureties in multi-project defaults, including the investigation and defense of performance and payment bond claims on private and public projects, negotiation of takeover and completion agreements, and performance of completion work. He has also supervised site inspections for experts and attorneys in construction, product liability and negligence litigation.

Albert L. Chollet III, Esq., Partner, Watt Tieder

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Gina Shearer is a claims attorney at Merchants Bonding Company. Based out of Dallas, Texas, she handles a variety of contract and commercial bond claims across the United States. Prior to joining Merchants Bonding Company in 2019, she spent nearly a decade in private practice, most recently as a Senior Attorney at Clark Hill Strasburger. While in private practice, Gina devoted her practice primarily to construction and surety matters, with particular emphasis on bankruptcy, oil and gas plugging and abandonment obligations, payment and performance bond obligations, construction defect disputes, and enforcing rights against indemnitors. She also represented parties in complex commercial litigation in federal and state trial and appellate courts, as well as before tribunals and federal agencies.

Gina received a Bachelor of Science in Business Administration from the University of Texas at Dallas, magna cum laude, in 2007, and obtained her J.D. from Southern Methodist University in 2010. She regularly authors publications and presents at industry events on a variety of construction, surety, and bankruptcy topics.

Gina D. Shearer, Esq. , Claims Attorney, Merchants Bonding Company

As an Executive Vice President for VERTEX, Diana Minchella manages the surety claims consulting division nationwide. Ms. Minchella has a strong background in investigating and analyzing construction claims for contractors, owners, sureties and insurance carriers on a variety of projects including commercial, municipal, healthcare, transportation, wastewater treatment and solar facilities. Ms. Minchella has the experience and capabilities to review and defend against construction claims as well as to prepare affirmative claims. Her claims experience has involved construction delays, design defects, owner-initiated changes, unanticipated weather, differing site conditions, disruption, and defective work. As a claims consultant, Ms. Minchella has experience in analyzing schedules and calculating damages.

Ms. Minchella also has a strong background in construction management and civil engineering with an emphasis in structural engineering. As a project manager with VERTEX, Ms. Minchella has provided construction management and consulting services on numerous multi-million-dollar projects throughout the northeast. Many of these projects were distressed and required Ms. Minchella’s experience and leadership to bring the projects to completion. Ms. Minchella is a respected consultant in the surety claims industry.

Diana Minchella, Executive Vice President, VERTEX

Emily E. Ross is an associate in the law firm of Krebs Farley & Dry, PLLC. She practices in the areas of complex commercial litigation, construction litigation, and surety and fidelity law. She also has extensive experience in appellate work, insurance defense, contract disputes, and real estate law. Ms. Ross has extensive experience litigating all manner of disputes and representing commercial entities, including surety and insurance companies. Emily is a native of Baton Rouge, Louisiana. She earned her undergraduate degree from Eugene Lang College – The New School for Liberal Arts in New York City, with a Bachelor of Arts degree in Psychology. After college, she attended Tulane University Law School where she received a certificate in Civil Law along with her law degree. Following law school, Ms. Ross clerked for the Honorable

Chief Judge Ulysses Gene Thibodeaux of the Louisiana Third Circuit Court of Appeal. She then spent five years practicing complex commercial civil litigation at a New Orleans-based law firm. Ms. Ross also taught Advanced Appellate Advocacy from 2014-2017 at Tulane University Law School.

Emily E. Ross, Esq., Associate, Krebs Farley & Dry, PLLC

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Lauren E. Rankins is a senior associate in Watt Tieder’s Chicago office. She first joined the firm in 2013 as a law clerk. She then received her J.D., cum laude, from The John Marshall Law School in 2014. During law school, she was a Staff Editor for The John Marshall Law Review and Presiding Barrister for the Trial Advocacy & Dispute Resolution Honors Council. She was also recognized as part of the Dean’s List, a winner of the Dean Fred F. Herzog Moot Court Competition and a frequent competitor on a number of Mock Trial and Alternative Dispute Resolution competition teams. Prior to law school, Lauren attended The University of Wisconsin-Whitewater where she was a four-year varsity intercollegiate athlete. Lauren received many awards for her participation in intercollegiate athletics and

was the proud recipient of the Marty VanSteenderen Sportswoman of the Year Award.

Lauren is admitted to practice in Illinois and multiple federal district courts. She focuses her national practice in the areas of construction and surety law, providing a full range of transactional and litigation services. Lauren represents owners, general contractors, construction managers, subcontractors and material suppliers in a variety of matters involving contract drafting, contract negotiation, bid protests, breach of contract claims, claims for extras, defective design, delay, disruption, acceleration and claims involving mechanic’s liens. Lauren represents sureties in matters involving payment and performance bond claims on private and public projects, drafting and negotiation of takeover and tender agreements, and collateral and indemnity disputes.

Lauren serves as the Co-Chair for the Midwest Surety & Construction Claims Conference. She is also an editor for the American Bar Association Fidelity & Surety Law Committee Newsletter. She is also an Emerging Leader for Construction Financial Management Association.

Lauren E. Rankins, Esq., Senior Associate, Watt Tieder

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Kirk Austin is employed as an attorney by The Travelers Companies, Inc. He provides claim and business support services to the Construction Services Surety business unit of the Bond & Specialty Insurance Department. Prior to joining Travelers in 2017, Kirk spent five years with RLI Insurance Company as a Claim Director primarily managing surety bond claims, but also handling professional liability claims against architects and engineers. Before joining RLI, Kirk was Senior Claim Counsel with Liberty Mutual Surety for ten years managing complex performance bond and payment bond claims. He was an Associate at the law firm of Gunty & McCarthy in Chicago before beginning his in-house career. Kirk received his B.A. from the University of Michigan (1990) and his J.D. from the John Marshall Law School (1994).

Kirk P. Austin, Esq., Attorney, The Travelers Companies, Inc.

With more than 15 years on the bench, 11 of which were in the Chancery Division of the Cook County Circuit Court, Judge Curcio brings an abundance of real-world experience to her mediation and arbitration practice. From 2010, she presided over cases involving mechanics liens, construction contracts, and construction defects. As an attorney, she represented parties in medical malpractice, product and premises liability, auto accidents among others. To her legal experience, Judge Curcio adds practical knowledge gained in real estate, business and banking before she became an attorney. Throughout her career, she has been known for her measured and practical approach, careful management of complicated multi-party cases and understanding of

the nuances involved in litigation and alternative dispute resolution. Attorneys describe Judge Curcio as an energetic and pragmatic neutral who works to help parties construct suitable solutions to their disputes.

Hon. Lisa R. Curcio, (Ret.), Senior Mediator & Arbitrator, ADR Systems

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Laurence P. (Larry) Jortner has been in the surety claims industry for 30 years as in-house counsel with major carriers. In 1996, he joined CNA in their Chicago Home Office and has been a Director of Surety Claims since 2015. A believer in continuous learning, Larry earned an LLM with Honors in Insurance Law for University of Connecticut School of Law in 2010 where his thesis was a comparative study focusing on the differences between surety and insurance law, achieved the designation of Distinguished Toastmaster (DTM) from Toastmasters International, an organization in which he has served in numerous leadership positions and earned various awards in the Chicago area and has written several published articles for the American Bar Association and other industry publications. Other activities include community

theater and volunteering as a judge in international law student moot court competitions in Chicago, Washington, DC, Belarus, Japan and Russia. He and his wife Diane live in Northwest Indiana and are enjoying travel and other new freedoms after raising seven grown children.

Laurence P. Jortner, Esq., Director of Claims, CNA Surety

Michele L. Killebrew works as Senior Surety Counsel for Liberty Mutual Insurance Company. She earned a B.A. in History from Indiana University and her J.D., cum laude, from The John Marshall Law School. Before joining Liberty Mutual, Michele represented sureties as an associate attorney at Leo & Weber, P.C. and then started her own firm, Killebrew and Bora, LLC.

Michele L. Killebrew, Esq., Senior Surety Claims Counsel, Liberty Mutual Surety

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Harry McKee serves as Vice President with Swiss Re Corporate Solutions. Prior to joining Swiss Re, Harry was engaged in the private practice of law and served as outside counsel to sureties and construction companies, where he handled litigated and non-litigated matters throughout the US. During his career, Harry has served as a Vice Chair of the Fidelity and Surety Law Committee of the ABA, served as Chair of the Fidelity and Surety Committee of DRI, and was selected for membership in the Society of Illinois Construction Attorneys. He has spoken at and presented papers to various regional and national conferences. Harry earned a B.S.B.A. from Saint Louis University and J.D. from The John Marshall Law School.

Harold E. McKee, Esq., Vice President, Swiss RE Corporate Solutions

In his role as President and Chief Operating Officer, Alan P. Pavlic is involved in all aspects of Old Republic Surety’s operation. Along with input from the Leadership Team, Alan makes key decisions that result in consistent underwriting profit. Alan joined ORSC in 2005 as Senior Vice President of Claims and general counsel. Alan began his career in 1985 with F & D.

Alan P. Pavlic, Esq., President & Chief Operating Officer, Old Republic Surety Company

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Chris Brasco’s experience includes all facets of the construction process from contract formation through the disputes process. His legal credentials are complemented by hands-on experience that includes the job site administration of a U.S. Corps of Engineer housing project in Germany, which was rescued from imminent default and successfully managed through final completion and large claim recovery.

More recently, he was involved with the federal government in negotiating the successful reprocurement of mission-critical projects throughout Afghanistan and the Middle East after the program-wide default of a large government contractor.

He has a family history of involvement in the construction industry that provides him with a unique perspective and the ability to handle complex issues both at the

job site and in the courtroom. Chris has represented clients before national and international forums including the International Chamber of Commerce International Court of Arbitration, federal courts, state courts, boards of contract appeals and in arbitrations and mediations. He is actively involved in several trade associations and regularly lectures on issues of importance to the construction industry.

Christopher J. Brasco, Esq., Partner, Watt Tieder

Matt Baker is an associate in Watt Tieder’s McLean, Virginia office concentrating his practice in the areas of construction, government contracts, and commercial litigation. Matt is an experienced litigator who has successfully resolved matters for his clients through negotiation, alternative dispute resolution, and trial.

Matt represents the full spectrum of stakeholders in the construction industry including owners, architects, engineers, general contractors, subcontractors, material suppliers, and sureties. Matt has assisted clients with a variety of matters including breach of contract claims, payment bond claims, mechanic’s liens, professional liability claims, and real property and commercial disputes.

Building on his experience helping clients navigate litigation, Matt also advises clients on the drafting / negotiation of contracts, risk management, handling claims, and investigating accidents / occurrences.

Matthew D. Baker, Esq., Associate, Watt Tieder

Hon. Robert J. Quinn, (Ret.) is a senior mediator and arbitrator at ADR Systems. During his 22-year judicial career in Cook County’s Law and Chancery Divisions, Judge Quinn developed extensive expertise in settling construction, mechanics lien, insurance coverage and contractual disputes. Known for his thoughtful and efficient approach to arbitration, he is highly skilled at fast-tracking the process when requested by the parties. His upbeat personality and positive energy contribute to his popularity as a neutral.

Hon. Robert J. Quinn (Ret.), Senior Mediator & Arbitrator, ADR Systems

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