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Administered Rates	Interest rates that the bank or other payer is contractually permitted to change at any time and by any amount. For example, the rates paid on savings accounts. All interest rates can be categorized as either fixed, administered, or floating. Rates that may change at the payer's discretion are sometimes called variable rates, easily confused with floating rates, which change at contractually specified times by contractually specified amounts - a very different arrangement.
Administration Fee	This is a fee charged by some lenders, which is not refundable if the mortgage application does not proceed. The Administration fee will often form part of the valuation fee but will be retained by the lender even if the valuation has not been carried out.
Administrative Float	Float resulting from the time it takes to administratively process checks or other related paperwork. Total elapsed time for processing checks can range from less than a day to more than a week. Note that its basic elements are present whether the work is done by the owner of the funds or the work is done by a bank or other lockbox vendor. Sometimes referred to as payment processing float or internal float, but since some of the sources of the float delay are not necessarily internal, the term internal float is not a completely accurate synonym.
Baseboard Electric Heat	Heating units installed in the floor that can be controlled by a central thermostat.
Basement	The area of a home below ground level.
Basic Employment	Employment that is considered to be export-oriented or export-driven, associated with activities that generate income from the sales of products and services in markets outside he local economy.
Cohort	A cohort is a group of people (i.e. students) who have something in common that knits them together as a unit. For example, in the education world, some college programs admit groups of students as a cohort.
Cognitive Science	Cognitive science, the study of the mind, investigates how people learn, as opposed to what they learn. Previous knowledge and life experience help create the foundation upon which teachers are able to build effective instruction.
Cognitively Guided Instruction	This is an instructional strategy in which a teacher assesses what students already know about a subject, then builds on students' prior knowledge. Students are typically asked to suggest a way to represent a real problem posed by the teacher. Guided questions, encouragement and suggestions further encourage students to devise solutions and share the outcome with the class.
Dealer, Jobber Or Distributor	A business that maintains a store, warehouse, or other establishment in which a line or lines of products are kept in inventory and are sold to the public on a wholesale or retail basis.
Debarment	The disqualification of a person to receive invitations for bids or requests for proposals, or the award of a contract by a government body, for a specified time commensurate with the seriousness of the offense, the failure, or the inadequacy of performance.
Default	Failure by a party to a contract to comply with contractual requirements
Episode Of Care	The health care services given during a certain period of time, usually during a hospital stay.
Eqro Organization	Federal law and regulations require States to use an External Quality Review Organization (EQRO) to review the care provided by capitated managed care entities. EQROs may be Peer Review Organizations (PROs), another entity that meets PRO requirements, or a private accreditation body.
Equivalency Review	The process CMS employs to compare an accreditation organization's standards, processes and enforcement activities to the comparable CMS requirements, processes and enforcement activities.
Field Warehousing	A method of financing inventories in which the inventory is held in custody for the lender by an agent of the lender at the borrower's place of business.
Fifo	A method of calculating the cost of inventory in which the first goods purchased are assumed to be the first goods sold.
Final Distribution Date	The latest possible date on which an MBS holder receives payment. Because mortgage loans tend to be repaid sooner than their contractual maturity dates, the actual final payment is likely to occur earlier than the final distribution date
General Agent	One authorized by a principal to perform any and all acts associated with the continued operation of a particular job or a certain business of the principal. The essential feature of a general agency is the continuity of service, such as that provided by a property manager of a large condominium project. Most real estate brokers are treated as special agents.
General Contractor	The person who hires all of the subcontractors and suppliers for a project.
General Index	A county recorder's office index used by title company examiners when searching the chain of title of a property. The examiner uses the index to research all the grantors and grantees in the chain of title. The index lists all the things that apply to a person by name, including liens, judgments and power of attorneys.
Hud-1 Settlement Statement	A document that provides an itemized listing of the funds that were paid at closing. Items that appear on the statement include real estate commissions, loan fees, points, and initial escrow (impound) amounts. Each type of expense goes on a specific numbered line on the sheet. The totals at the bottom of the HUD-1 statement define the seller's net proceeds and the buyer's net payment at closing. It is called a HUD1 because the form is printed by the Department of Housing and Urban Development (HUD). The HUD1 statement is also known as the "closing statement" or "settlement sheet."
Heat Absorbing Glazings	A technology that uses heat-absorbing glazing with tinted coatings to absorb solar heat gain through windows. This approach does allow some light to pass through the tinted windows.
Heat Exchanger	Heat exchange is the method by which the unwanted heat is removed from a system. A heat exchanger is a device by which energy (in the form of heat) is transferred from one fluid or gas to another across a solid surface.
Interest-only Loan	The pays only the interest that accrues on the loan balance each month. Because each payment goes toward interest, the outstanding balance of the loan does not decline with each payment.
Interest Rate Swap	a transaction between two parties where each agrees to exchange payments tied to different interest rates for a specified period of time, generally based on a notional principal amount.
Intermediate Theory	Some states have adopted an intermediate theory of mortgage based on the principles of title theory, but requiring the mortgagee (lender) to foreclose to obtain legal title as is necessary in lien theory.
Jurisdiction	Authority to apply the law in a given territory or region. For example, the INS district office in the area where a person lives has jurisdiction or authority to decide on a fiance(e) petition.
Joint	The point where the ends of two or more bones meet.
Jackknife Seizure	A seizure involving the abdominal flexor muscles, causing the body to bend at the waist life a jackknife.
Kansas City Experiment	The first large-scale scientific study of law enforcement practices. Sponsored by the Police Foundation, it focused on the practice of preventive patrol.
K-1 Fiance(e) Visas	A Fiance(e) of a US citizen is eligible for a non-immigrant visa conditioned on the conclusion of the marriage within 90 days.
Kentucky Consular Center (kcc)	A U.S. Department of State facility located in Williamsburg, Kentucky. It gives domestic (U.S.) support to the worldwide operations of the Bureau of Consular Affairs Visa Office. It manages the Diversity Visa (DV) Program.
Listing	When a hearing date has been fixed for a case.
Litigation	A legal proceeding occurring in a federal or state court of law to determine and enforce legal rights.
Litigation Risk	The risk that all parties face in the possibility of losing their case.
Medical Underwriting	The process that an insurance company uses to decide, based on your medical history, whether or not to take your application for insurance, whether or not to add a waiting period for pre-existing conditions (if your State law allows it), and how much to charge you for that insurance.
Medically Necessary	Services or supplies that: are proper and needed for the diagnosis or treatment of your medical condition, are provided for the diagnosis, direct care, and treatment of your medical condition, meet the standards of good medical practice in the local area, and aren?t mainly for the convenience of you or your doctor.
Medicare	The federal health insurance program for: people 65 years of age or older, certain younger people with disabilities, and people with End-Stage Renal Disease (permanent kidney failure with dialysis or a transplant, sometimes called ESRD).
Nitrogen Oxide	Product of combustion from transportation and stationary sources and a major contributor to the formation of ozone in the troposphere and to acid deposition.
Nitrogenous	A term used to describe chemical compounds (usually organic) containing nitrogen in combined forms. Proteins and nitrates are nitrogenous compounds.
No Observed Adverse Effect Level (noael) Or No Observed Effect Level (noel)	A level of exposure which does not cause observable harm.
Office Of Thrift Supervision (ots)	Monitors and regulates the savings and loan industry. OTS was created by FIRREA.
Online Real Estate Listings	Properties listed for sale on the Internet.
Oipe	Abbreviation for Office of Initial Patent Examination
Punitive Damages	Also known as exemplary damages. Damages awarded over and above compensatory damages that serve to make an example of or punish the wrongdoers and to discourage repetition. It involves a wrong more flagrant than negligence. Insurability of punitive damage is a matter of controversy, for if the wrongdoer’s insurance covers punitive damages, the punishment effect is lost.
Plea	A defendant's official statement of "guilty" or "not guilty" to the charge(s) made against him.
Parties	Persons, corporations, or associations, who have commenced a law suit or who are defendants.
Questionnaire	A special procedure available under the anti-discrimination legislation designed to enable claimants to obtain information with which to establish whether they have been discriminated against.
Quantum	What the claim is worth. It is a Latin word meaning “how much”.
Quid Pro Quo	Legal terminology essentially meaning “what for what” or “something for something.” It is the concept of getting something of value in exchange for giving something of value.
Recasting	The process of rewriting existing loans, especially when there is a default. The term and interest rate may be adjusted to take pressure off the borrower.
Recognition Clause	A clause found in some blanket mortgages used to purchase a tract of land for subdivision development providing for protection of the rights of the ultimate buyers of individual lots in case of default by the developer.
Recognized Capital Gains	The recognized capital gain from the sale of an asset subject to income taxes.
Stress Interview	An interviewing style whereby the interviewer subjects a candidate to pressure or stress to ascertain how the candidate reacts under such conditions.
Stress Management	The design and implementation of workplace programs and services intended to combat employee stress and improve overall employee morale, effectiveness and productivity.
Strike	Usually, the refusal of unionized employees to perform work, normally occurring when the union and employer reach an impasse in negotiations. Often, strikes are accompanied by picketing and sometimes violence or other misconduct.
Trial Judge	A judicial officer who is authorized to conduct jury and nonjury trials but who may not be authorized to hear appellate cases. Also, the judicial officer who conducts a particular trial.
Truth In Sentencing	A close correspondence between the sentence imposed on an offender and the time actually served in prison.
Tourists	People who do not permanently reside in the country of arrival, and who are in that country under a tourist visa, for purposes of recreation, visits to friends or relatives, health or medical treatment, or religious pilgrimage.
Underutilization	As part of the affirmative action process, this report is used to determine whether certain members of protected groups are being inadequately represented within the workforce. The report uses information based on the geographic area and positions within the organization.
Undue Hardship	With respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of certain factors. These factors include the nature and cost of the accommodation in relationship to the size, resources, nature, and structure of the employer's operation. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the employing facility to the larger organization.
Unemployment Insurance (ui)	A statutory benefit. Unemployment insurance is designed to provide workers who have been laid off a weekly income during short periods of unemployment. The system is run and funded by state and federal taxes paid by employers.
Vcis (voice Case Information System)	a touchtone telephone service provided by the court system that gives case filing information.
Voluntary Bankruptcy	bankruptcy filed by the debtor itself; data from the U.S. Administrative Office of the Courts subdivides bankruptcies into voluntary and involuntary.
Vulture Funds – (also Referred To As Vulture Capitalists Or Vulture Investors)	investment groups that actively participate in the restructuring of financially distressed and bankrupt companies usually by the buying or selling of large pieces of the distressed company's debt and/or equity.
Witness	One who testifies at a trial or a deposition.
Wound Up	winding-up is the formal procedure for disbanding a company.
Writ	An order issued from a court in the name of the sovereign or state directing the person named to comply with the directions contained therein.
X12n/tg3	The Business Transaction Coordination and Modeling Task Group (TG3) of the Insurance Subcommittee (N) of X12. TG3 maintains the X12N Business and Data Models and the HIPAA Data Dictionary. This was formerly X12N/TG2/WG11.
X12n/tg3/wg1	The Property & Casualty Work Group (WG1) of the Business Transaction Coordination and Modeling Task Group (TG3) of the Insurance Subcommittee (N) of X12.
X12n/tg3/wg2	The Healthcare Business & Information Modeling Work Group (WG2) of the Business Transaction Coordination and Modeling Task Group (TG3) of the Insurance Subcommittee (N) of X12.
Yield	A measure of investment performance that gauges the percentage return on each dollar invested. Also known as rate of return.
Yield	A measure of investment performance that gauges the percentage return on each dollar invested. Also known as rate of return.
Year Of Exhaustion (cms)	The first year in which a trust fund is unable to pay benefits when due because the assets of the fund are exhausted.
Zelnorm	Zelnorm increases the action of a chemical called serotonin in the intestines. This speeds the movement of stools through the bowels. Zelnorm is used to treat severe, chronic, irritable bowel syndrome (IBS) in women who have constipation (and not diarrhea) as their main bowel problem. It is also used to treat chronic constipation in patients younger than 55 years old.
Zicam	A series of homeopathic cold and allergy treatments manufactured by Matrixx Initiatives, Inc., containing the ingredient zinc. Some users have reported loss of smell (anosmia) after using Zicam Cold Remedy Products.
Zometa	Zoledronic acid (Reclast) is used to prevent or treat osteoporosis (condition in which the bones become thin and weak and break easily) in women who have undergone menopause ('change of life,' end of regular menstrual periods). Zoledronic acid (Reclast) is also used to treat osteoporosis in men, and to prevent or treat osteoporosis in men and women who are taking glucocorticoids (a type of corticosteroid medication that may cause osteoporosis). Zoledronic acid (Reclast) is also used to treat Paget's disease of bone (a condition in which the bones are soft and weak and may be deformed, painful, or easily broken). Zoledronic acid (Zometa) is used to treat high levels of calcium in the blood that may be caused by certain types of cancer. Zoledronic acid (Zometa) is also used along with cancer chemotherapy to treat bone damage caused by multiple myeloma [cancer that begins in the plasma cells (white blood cells that produce substances needed to fight infection)] or by cancer that began in another part of the body but has spread to the bones. Zoledronic acid (Zometa) is not cancer chemotherapy, and it will not slow or stop the spread of cancer. However, it can be used to treat bone disease in patients who have cancer. Zoledronic acid is in a class of medications called bisphosphonates. It works by slowing bone breakdown, increasing bone density (thickness), and decreasing the amount of calcium released from the bones into the blood.

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Brett D. Divers

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Mills Paskert Divers

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SPEECHES / PUBLICATIONS Frequent author and/or speaker regarding current topics affecting the construction and surety industries. Co-Author, Chapter 2, “Who is Entitled to Recover?”, in THE LAW OF PAYMENT BONDS (2d Ed. 2010). The Surety's Rights to Reimbursement and Recovery, Fidelity and Surety Law Committee, Spring Meeting (May, 2009, La Jolla, CA). Co-Author, Chapter V, THE LAW OF PERFORMANCE BONDS (2d Ed. 2008) The Surety's Right to Settle, Fidelity and Surety Law Committee, Spring Meeting

Robert C. Maddox

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Robert C. Maddox & Associates

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Bob graduated with honors from Brown University in 1966 with a Bachelor of Arts degree in International Relations and received his law degree in 1970 from Harvard Law School. Bob has been referred to as “the father of construction defect law in Nevada,” having played the lead role in the creation of Nevada’s first construction defect statute, Chapter 40 in 1995. NRS Chapter 40 gives Nevada homeowners and community associations the right to receive full compensation for faulty construction. H

Kenneth R. Jillson

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Alling & Jillson, Ltd.

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Mr. Jillson graduated from the University of California, Los Angeles and then received his J.D. from the University of San Diego School of Law. Mr. Jillson is a founding member of the Firm. He is licensed to practice law in Nevada and California. He practices primarily in the areas of corporate formation and planning, business and real estate transactions, and also counsels clients on a variety of employment, gaming, development and contract matters. Mr. Jillson is involved in many community ac

Jeffrey M. Paskert

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Mills Paskert Divers

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MEMBERSHIPS / CERTIFICATIONS Admitted to practice in all state courts in Florida, the Eleventh Circuit Court of Appeal, and the United States District Court for the Middle District of Florida. AV rated by Martindale-Hubbell Frequent speaker on topics in the construction, fidelity and bond claims industries Admitted to practice in all state courts in Florida, the Eleventh Circuit Court of Appeal, and the United States District Court for the Middle District of Florida. American Bar Association AB

Dara L. Dawson

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Associate

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Mills Paskert Divers

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PROFESSIONAL EXPERIENCE Dara is an associate in the firm’s Tampa office. Prior to joining Mills Paskert Divers Dara practiced with a major Miami law firm, where she represented a diverse group of clients, primarily in the areas of construction law, product liability, and aviation. At MPD Dara will devote her practice to the resolution of complex commercial litigation disputes, including construction defect claims and fidelity and surety matters. Dara is licensed to practice in state and federal

The intensity of physician office visits, as measured by medications prescribed or continued, imaging tests ordered or provided, and time spent with physicians, also became increasingly concentrated on those aged 45 and over.
Center for Disease Control and Prevention

In 75 of the largest counties in the US almost 33% of all malpractice trials were against non-surgeons. Source: Bureau of Justice Statistics.

Although most physicians accept Medicare patients, acceptance of Medicare was higher among ophthalmologists and general surgeons than among general or family practitioners, internists, and psychiatrists.
Center for Disease Control and Prevention

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