bookmark_borderWhat Is a Fidelity Bond and How Do I Get One?

surety bond - What Is a Fidelity Bond - building and outdoor

What Is a Fidelity Bond?

A fidelity bond is a form of insurance taken out by an individual or company to protect against the risk of loss due to fraud. Fidelity bonds are used in a wide range of industries, from banking and finance to healthcare and medical research. 

This type of coverage can be invaluable if you are running a small business and employ only one person, but what about large corporations? Large organizations also need to worry about these things happening, so it’s important for them to have this protection in place as well.

The cost for the bond varies depending on what type you want, but can be as low as $200 with most being between $500-$1,000. In order to obtain this bond, an applicant must submit fingerprints and undergo a criminal background check. 

Once approved they will receive their own personal identification number that allows them access to your account so they can help monitor transactions. 

What is a business service bond?

A business service bond is a type of financial instrument that can be used for many purposes, such as securing the performance of agreements, guaranteeing an indemnity, or fulfilling legal obligations. Basically, it’s like an insurance for businesses

Businesses that provide services to their customers often need some type of bond protection. This is because the customer always has something at stake, even if they do not pay upfront for the service. 

The most common types of bonds are performance bonds and payment bonds. Performance bonds protect businesses from nonpayment by guaranteeing that they will be paid for their services in case a customer doesn’t fulfill his or her side of the bargain. 

Payment Bonds provide security against non-competition from a former employee who might have been privy to sensitive information about your company’s operations or trade secrets before leaving your firm. 

 A company’s creditworthiness and financial standing determine what kind of business service bonds they can offer, with higher limits on more prestigious companies.  There are many different kinds such as bid bonds, performance bonds, labor and materials contracts (BLMC), bonding against public work (BAPW), and others depending on your needs and industry.

Why is a fidelity bond needed?

A fidelity bond is a form of surety that guarantees the honesty and integrity of an employee. A fidelity bond protects against fraud, theft, embezzlement, or other financial misconduct by an employee while on the job. Fidelity bonds are required in many industries to protect employers from losses due to dishonest employees.  

A fidelity bond can be used to secure a contract or as collateral for a loan. Fidelity bonds protect against losses from employee dishonesty and theft by ensuring that organizations have sufficient funds to cover their responsibilities in case something goes wrong.  

The cost of these bonds varies depending on the size of the company and its complexity level, but typically ranges from $5,000-$500,000 per year.  In order for an organization to get bonded, it must first provide evidence that it meets all required bonding laws set forth by each state in which it operates. 

How can I get a fidelity bond?

A fidelity bond is a type of insurance that protects against losses due to fraud, dishonesty or other dishonest acts. This coverage is also known as “employee theft.” The amount you can get varies based on the size and location of your business. 

For example, if you have less than $500,000 in assets and operate out of your home with no employees then it might be cheaper for you to go with an individual policy through an insurance company.

So how do you go about getting one? It starts by deciding what type of bond is most appropriate for your needs- either indemnity or surety. Once that is determined then choose the amount, coverage period, and any additional requirements such as collateral from the list of providers on our website.

What is an ERISA Bond?

ERISA bonds are a type of bond that is used to help protect an employer from bankruptcy. ERISA stands for Employee Retirement Income Security Act and this type of bond is created to provide protection for the retirees in the event of a company going bankrupt. 

With increasing numbers of people retiring, many companies have been feeling pressure on their bottom line which has led them to consider bankruptcy as a possible solution. In order to protect against this possibility, employers can create a form of insurance policy by using ERISA bonds. 

These bonds will cover at least 50% or more depending on the terms agreed upon with the insurer and any other collateral that may be offered up by the employer or its subsidiaries if they go under. 

Interested? Learn more by checking out Alpha Surety Bonds!

bookmark_borderHow to Ensure that You Are Doing It Right With Your Surety Bond

surety bond - What is the definition of a surety bond - modern building

What is the definition of a surety bond?

A surety bond is a three-party arrangement in which a principal commits to be responsible for a certain duty or activity and contracts with a third party to guarantee that the primary will perform that responsibility. A surety is the third party involved.

A contractor bids on and is granted a public works project, such as building bridges or dams, rather than receiving it directly from the government. The lowest bidder receives the contract, but that contractor must offer a surety bond as insurance for their work on the project.

In a surety bond, is it acceptable to utilize plug numbers?

No. A plug number is a fictional bond number assigned by a surety business agent to each project or line of insurance without consulting with the underwriter who determined the application of these rates. Construction contracts in California are not allowed to use plug numbers since they are meant to deceive and swindle.

Surety firms recommend using plug numbers for surety bonds, but they have the right to refuse to pay if the contractor utilizes plug numbers in their offer. This is because it is impossible to ascertain whether all policy requirements have been satisfied because the project from which the premium rate was determined cannot be identified.

Instead of inputting rates into an application, the necessary information must be supplied so that underwriters may price a bond based on scope, timetable, and location. Because these rates are regarded as unfair and misleading because they disguise true risk profiles, California regulations regulating construction contracts require applicants to employ plug numbers to acquire authorization from straight-line underwriting prior to issuance.

What happens if subcontractors aren’t paid by building companies?

To protect the public works project, which is ultimately paid by taxpayers, construction contract bonds are necessary. If one of the parties fails to make a payment, the contract might be canceled. The surety firm is the sole party who is bound by the contract, hence it is critical that they get paid first.

They frequently terminate or refuse to renew bond arrangements with their insureds if they are not paid. This implies that if you make a mistake during the bidding process, you may be left paying legal expenses and damages while also being unable to get another bid for work due to your lack of a security bond.

What happens if a contractor works on many projects at the same time? Is it possible to utilize a single surety bond for all jobs?

When bidding on numerous contracts with a surety bond, the contractor can only use one bond per construction project. The reason for this is that, regardless of whether they are sponsored by the same business or not, all of these contracts are distinct and unique in character. 

If a contractor is given several public works contracts in California by various government agencies while depending on the same surety bond, they must obtain separate bonds for each task, regardless of whether they are in the same town or not.

What does the term “reimbursement” imply?

When a mistake occurs during the bidding process, the underwriter has promised to pay you for any damages suffered as a result of the lack of a bond. This is normally mandated by law and will be spelled out in the contract or bid paperwork.

You may be required to obtain different bonds for each public construction project by the surety business you’re dealing with. They take into account the danger of making a bad judgment, which can have both financial and legal ramifications, and price it appropriately.

You should inquire about your unique circumstances, but if you bid on numerous tasks without a bond, you may still be responsible for reimbursement fees, as well as court costs and damages, if there is a default.

When self-performing building, what kind of insurance is required?

General liability insurance is required whenever a construction firm or individual subcontractor performs any work on a job site. Even if the subcontractor does not have workers’ compensation insurance, this policy applies.

The policy should be written as main and non-contributing with the project owner so that it doesn’t matter who is at fault if someone is hurt — which can happen under certain conditions regardless of how cautious everyone is.

Post-performance bonds ensure that public works projects are not harmed financially as a result of mistakes made during the bidding process. In order for this sort of bond to be granted, the contractor must submit along with their bid to the public body that will be overseeing the construction explaining all aspects of their planned project. If a mismatch is discovered, your surety firm should notify the contractor as quickly as feasible.

All essential information must be given before bidding begins in order for a bid to correctly offer an accurate estimate of the cost. In some circumstances, you may need additional precise information from your underwriter in order to price your task appropriately based on any unexpected conditions or needs. Design drawings, location maps, material specifications, and any additional needs from governmental bodies prior to starting construction are some examples.

Interested to know more about surety bonds? Check out Alpha Surety Bonds now!

bookmark_borderCommercial Surety Bond: What Is It?

surety bond - What is the definition of a commercial surety bond - black building

What is the definition of a commercial surety bond?

A contract between a corporation and another party is known as a commercial surety bond. The contractor provides the needed security in the form of a payment or performance bond in the event that their contractual obligations are not met. These bonds can be used to entice customers to conduct business with you by ensuring that they are protected financially if you fail to meet your obligations.

Commercial surety bonds are most commonly utilized in the construction business, although they may also be required for subcontractors working on government contracts. Government projects, the sale or lease of real estate, contract performance, small company contracts/agreements, and licensing are just a few examples of situations when a contractor may need to get a bond.

There are various aspects to consider when obtaining a commercial surety bond, including underwriting criteria, the type of contract/undertaking being bonded, indemnity amounts, premium rates, agency partnerships, and financial strength ratings. Before you make a selection, make sure you research all essential information and compare many different organizations.

What are the different forms of business surety bonds?

Commercial surety bonds are divided into three categories: performance, payment, and maintenance. Specific bonds are required for these various types of contracts, which vary depending on the nature of the labor or services being delivered.

A performance bond assures that you will fulfill your contractual duties, whereas a payment bond ensures that you will be paid for the work you have done. A maintenance bond is similar to a performance bond, but it is often used in smaller contracts to guarantee that both parties follow through on their contractual obligations.

Because you can never foresee exactly what will happen in your business, it’s critical to plan ahead. One of the greatest methods to protect yourself from financial losses as well as other legal duties is to use a solid business surety bond. Before making a final selection, take the time to examine these various agreements and select a reliable agency that you can fully trust with all important information.

What is the cost of a business surety bond?

Premium rates for these various forms of bonds can range from 1% to 30%, depending on the contract type, bond size, and financial strength ratings.

Premium rates differ depending on whether you’re applying for individual bonds or many bonds in one application. Before signing your commercial surety bond agreement, compare various businesses to discover the best offer. Also, make sure you completely understand all related requirements.

What are the business surety bond underwriting requirements?

The underwriting procedure is identical to that of applying for a loan, albeit the standards differ from one agency to the next. Before filing your application for a bond, make sure you completely study all of these conditions, since they may change based on the type of your contract and the insurance company. The following are typical requirements:

  • Verification of your identity (i.e. SSN, DOB)
  • Personal and business financial accounts from the most recent year
  • History and structure of the company (number of workers, revenue/sales, etc.)
  • FICO score and personal credit score
  • Other issues, including tax liens, might influence your eligibility, so be sure you investigate and understand all applicable underwriting requirements.

Working with skilled specialists who can guide you through this procedure will ensure that you grasp all of the relevant facts, including what your state’s laws demand.

How do you go about getting a business surety bond?

Commercial surety bonds can be obtained in a variety of ways, depending on the firm you’re working with and your individual needs. In general, four processes are involved: application, underwriting review/approval, bond issue, and premium payment. Your selected agency will walk you through the procedure, making it as simple and painless as possible so that you may obtain the required agreement as soon as feasible.

Unfortunately, some agencies fail to satisfy their contractual commitments and are forced to close their doors. If the bond you’re dealing with is a performance bond, and they fail to fulfill their obligations under the contract, you must submit a claim in court within 60 days after the date of default. Many people who worked for this firm may be affected by its closure, therefore if you lost money as a result of this occurrence, you should seek legal advice.

If you’ve lost sight of your commercial surety bond agency or they’ve gone out of business, you should locate a new one as quickly as possible. The firm should cooperate with you to help transfer all necessary agreements so that the closure has no negative impact on you. Make sure to explore a variety of firms before making a decision, and don’t sign anything until you’ve thoroughly understood all of the criteria.

Interested to know more about surety bonds? Check out Alpha Surety Bonds now!

bookmark_borderNevada Performance Bonds

performance bond - What is a Performance and Payment Bond in Nevada

What is a Performance and Payment Bond in Nevada?

A performance bond guarantees that your company or organization will follow through on the promises you’ve made to the customer in any given contract. A good example would be if you were using one of our customized bonds for construction companies. You sign a contract with a general contractor stating how much money he’ll receive upfront as well as after certain milestones are reached. If he doesn’t receive this money, you can file a claim against the bond and it will be paid out to cover his losses.

A performance bond usually involves money that is owed from one party to another. A payment bond guarantees that those who work for your company will receive their wages as agreed upon in a contract if your client doesn’t pay you for services rendered within a certain time frame. This type of bond may come into play when hiring musicians, security guards, or other professionals. 

If you want to make sure that nobody stands in the way of your success, all of our customized bonds are underwritten by some of the best insurance companies in the nation. Our rates are extremely competitive but more importantly, they’re affordable for small businesses.

Just how much is a Performance Bond in Nevada?

Performance Bonds are required on all construction projects in which a contractor is hired to do the work. These bonds protect property owners against financial loss if the employer (the owner) suffers any damage due to the negligent acts or omissions (faults) of its employees (the contractor). 

The bond amount reflects the value of labor and materials supplied by the contractor. It covers all types of failures including faulty workmanship, faulty equipment, damages caused by delay, and loss resulting from the bankruptcy of the principal (contractor).

Performance Bonds are always written with an “ultimate” liability limit of 100% of the value of labor and material supplied by the contractor. This means that these bonds will cover all types of failures including faulty workmanship, faulty equipment, damages caused by delay, and loss resulting from the bankruptcy of the principal (contractor).

Performance Bonds in Nevada are typically written for 20% or 50% of the total project cost. Coverage levels vary between contractors so it is best to check with your contractor to determine how much bond he needs. This information will also be contained within your contract documents.

How do I get a Performance and Payment Bond in Nevada?

In Nevada, a Performance and Payment Bond is required in certain construction contracts. A contractor must post a Performance and Payment bond for the following cases:

1) Contracts over $8000 for labor or material, other than maintenance work;

2) Maintenance Contracts where the cost to maintain facilities reaches over $80,000 per year;

3) Construction Contracts that will be paid from Federal or State funds; 

4) Construction Contracts that are not subject to an approved surety company’s bid schedule of premiums.

Before a contractor may take action on a contract under these conditions he must first present evidence of his ability to pay such claims through cash flow analysis. This can be done by showing unencumbered assets worth twice the total claim amount or an unencumbered surety bond of twice the total claim.

The Performance and Payment Bond must be issued by a corporate surety company that is domiciled in Nevada, which can either be a subsidiary of another corporate surety or a separate corporate entity. A licensed contractor who has been in business for at least 3 years may purchase a performance and payment bond from any state-approved agent. However, they cannot self-insure the performance and payment bond. 

They need to purchase it from a third-party insurer. In addition, bonding companies can only charge up to 1% per year on the face amount of bonds purchased. There are minimum premium amounts as well as maximums set out by law. If you have questions about how to get a Performance and Payment bond in Nevada, please contact the Department of Business and Industry.

What is a Payment Bond? Is it a part of the Performance Bond?

a payment bond as a thing that is required to be put in place by the contractor and his subcontractors (not material suppliers). A performance bond guarantees that you will get paid if you do not complete the project.

The payment bond makes sure that money will be coming from someone should the owner or general contractor fail to make payments as outlined in their contract. The general contractor, as well as other subcontractors, must each file a separate payment/performance bond. 

These bonds are usually made by an insurance company but can also be obtained from private sources such as various banks and credit unions. Most states require either one or preferably both of these bonds to cover your project cost plus 10%. There may be additional requirements for highly specialized jobs, such as road building.

On the other hand, if you are the general contractor on a labor-only project (all material furnished by others), you will need to put up both types of bonds.

Contractors do not have to use their own insurance company or credit union to obtain either type of bond. On very large projects that involve multiple subcontractors and major pieces of equipment or machinery, it’s fairly common for all the contractors involved to sign up with one bonding company that specializes in large projects. Be sure not to let your vendor slides go unsecured. Always ask for proof they are bonded before signing any contract with them or purchasing goods from them.

What is a payment and surety performance bond? What is an agreement bond?

A payment and surety performance bond guarantees that a subcontractor will pay its workers, laborers, or mechanics for labor performed on the project according to the terms of its contract.

1) Payment bonds are required by law in most states 

2) They are required by public agencies 

3) An Agreement to pay sub-contractors is not sufficient 

4) Performance bonds are not concerned with disputes between parties 

5) A Bid Bond may be included as part of a payments bond 

6) Non-payment then becomes a breach of both payments and agreement 

7)”No Substantial Change” means no extra work 

8 ) Buyer’s Excuse for nonpayment 

9) “Three Day Notice” 10) Who should be bonded 

11) Bonding Committee

An Agreement to pay sub-contractors is not sufficient -The following outlines are used for this article:

1) Payment bonds are required by law in most states

2) They are required by public agencies 

3) An Agreement to pay sub-contractors is not sufficient

To know more about performance bonds, check out Alpha Surety Bonds now!

 

bookmark_borderWhat if a Performance Bond is Not Used?

performance bond - What happens if you don’t use a performance bond

What happens if you don’t use a performance bond?

If there was no performance bond, the worker is liable for all of your costs – rebuilding the factory and restocking it with new animals. If you didn’t have insurance, this would spell disaster! However, if you had a performance bond then you’d only need to pay that amount immediately. 

You can use this insurance scheme to ensure that you’re not overpaying for cover. Insurance companies love them because they get their money back when your venture fails; contractors love them because they never have to pay out anything more than what’s required by the contract. It’s essentially free money so long as everything goes according to plan! 

A performance bond will not pay out until after project completion; at this point, the insurance company will make an assessment of whether your project was completed satisfactorily. Any financial obligations incurred by you as part of the process (e.g., hiring contractors or staff to assist with construction) need to be covered by another means (e.g., your savings). I

If you’ve used up all of your own money and still haven’t met the specifications – tough luck! The terms of a contract can also stipulate that certain conditions must be met for payment to be made – such as achieving final inspection. If they’re not met, then no money changes hands.

In short, a performance bond is appropriate if you want to make sure that your costs are covered in the worst possible scenario – where you’ve invested all of your own money and when things don’t go according to plan. A guarantee is good if you’re looking for protection against insolvency at any stage during construction, but want to keep your options open by not committing as many resources.

When my performance bond is called, what happens?

Many traders have to post a performance bond in order to trade. Sometimes these traders want to know what happens when a margin call is executed and the position proceeds down the book. 

Most broker performance bond requirements are calculated on a per-trade basis. This means that each time you place an order, the position may be subject to another margin call if needed depending on market fluctuations. 

The example above is a simplified calculation, but you can see how quickly your account equity might decrease if a string of losses occurs. If a margin call were executed in this situation, not only would the trader have to add funds to his account to bring it up to the original performance bond level, but he/she must also pay accrued interest on the funds borrowed during that time frame! 

This is why it’s important for traders to know their brokers’ lending rates (interest rates) and margin rules before they begin trading. Do some research beforehand so there are no surprises when (not if) you get stopped out. Most brokers offer additional leverage at higher performance bond amounts; however, keep in mind that high-risk products like turbo and super turbo trades come with a steeper learning curve and higher chances of loss.

What happens if I don’t keep my performance bond?

If you didn’t pay your construction loan (borrowed money from a lender like a bank or credit union), then the lender could still come after you for repayment if they take legal action against you. The fact that you may have already paid part of your bill to the contractor would not matter in such an instance.

State law also states that a payment bond is not required on public works projects, so all workers are entitled to pay once they have fulfilled their contract with the construction company. If your project requires a performance bond, then there are several conditions under which monies would be disbursed to the contractor without you being liable for any of it:

1) Execution of the final certificate of completion by all subcontractors and suppliers with whom the principal had contracts

2) Acceptance by you 

3) Completion of corrective work requested by an inspector (upon written notice from such an inspector)

4) Completion of work on schedule 

5) Purchasing contractor’s compliance with applicable Federal and State prevailing wage laws, which may include payment for workers’ compensation, state disability insurance or unemployment insurance.

As you can see, if none of these conditions are met (and it is clear that you will not comply with requests put forth by an inspector), then the bonding company would not be required to make any further payments to the contractor.

If a performance bond isn’t used, does it expire?

Performance bonds are often used by production organizers to encourage artists, crew workers, and vendors to show up for an event or shoot. Holders of performance bonds are not paid until the project goes on as planned, so it’s important that everyone ensure they have all their equipment ready to go so things don’t get held up while people scramble to find what they need on-site.

If you’ve done everything you can do to ensure that your performance bond will guarantee you show up at the event with all necessary materials/equipment/people in tow on time, then there really isn’t much reason for it to ever expire. 

Although there is no official time limit on how long a bond is good for before it expires, most production organizers recommend using the same timeframe you used when creating your estimate. This way, if something were to happen that affects your ability to show up with all necessary materials/equipment/people in tow on time, then at least you know there’s still some wiggle room left on the date of expiration.

This way there is no need to rush the performance of your bond, and you’ll have a little more time to make sure you can fulfill your end of the agreement.

What is the duration of a performance bond?

In order to protect the interest of both parties in a construction contract, a performance bond is commonly required from the contractor. In short-term contracts, such as Public Works Contracts for less than 1 year or building construction contracts for which expenses are paid within one fiscal year, a Performance Bond is not needed because there is no possibility that the remaining work will exceed one budget year. 

The exception would be when a contract requires more than one payment during a single budget year in which case a performance bond should be obtained in order to ensure that the remaining requirements can be completed in that same fiscal year.

On all other types of contracts including those with longer time spans and advance payments based outside the financial/budgeting cycle of any governmental entity, it is the general rule that a Performance Bond is required.

If a performance bond is not posted, then there could be severe consequences for both parties if the contractor were to default on his obligations as set out in the contract. In such an event where a contractor defaults or goes bankrupt during contract performance, a Government agency has little recourse other than to make a claim against their own surety and possibly take legal action against the insolvent company. If however, the government took out a performance bond from their own surety, they would have a direct contractual relationship with them which provides greater security and protection vs. having no bond at all.

To know more about performance bonds, check out Alpha Surety Bonds now!

bookmark_borderHow to File a Performance Bond?

performance bond - Where can I get a Performance Bond in New Jersey

Where can I get a Performance Bond in New Jersey?

A Performance Bond (also called an Agreement to Pay) is typically required when the owner of real property needs assurance that work will be completed according to the agreement between the contractor and the owner. The Performance Bond assures that if the contractor fails to complete or otherwise abandons work for which he or she has been paid, then there is money available to complete  the project 

Public Performance Bonds can be obtained from private surety companies via your local New Jersey bank or licensed insurance agent. However, please note that banks and agents may require you to open an account with them prior to issuing any bond quote. Public Performance Bonds are generally required whenever someone wants to do business with a federal, state, or local governmental agency (including municipalities)

Private Performance Bonds are generally required whenever a general contractor or subcontractor needs to satisfy a debt owed to a third party. In order to procure the bond, the homeowner must fill out an application and provide sufficient information related to their property address, including names and ages for all parties involved. Please note that private Performance Bonds will only be issued by surety companies that have been approved by the NJ Department of Banking and Insurance (DOBI).

In Texas, where do you file a Performance Bond?

Many contractors who do work in Texas are required to file a performance bond. If you’re not sure whether filing one is necessary, contact your local building department.

In Texas, Performance Bonds are filed with your county clerk’s office and must be accompanied by a Certificate of Accredited Sureties Bonding Company within 30 days after notice of award is received from a public entity. The renewal date for Performance Bonds is May 31 every two years on odd years. The fee for filing a Performance Bond starts at $500 and can go as high as $1,000 depending upon contract amount and other conditions. Renewal fees will vary based on those same conditions as well.

Any public entity can purchase Performance Bonds from Accredited Sureties either directly or through the Texas Department of Transportation (TxDOT). If you’re a contractor, contact TxDOT for help in determining whether or not filing a bond is necessary. Accredited Sureties is able to assist anyone with their Performance Bond questions and handle filing your bond on your behalf as well. Call us today at 888-883-5514 to learn more about our services and to get a free quote.

In Florida, where do I file a Performance Bond?

All construction contracts in Florida, excluding home building and single-family residences, require the contractor to provide a bond to secure performance. The contract must be signed by an authorized representative of the owner and the general contractor. 

A performance bond protects owners and lenders against financial loss if the contractor fails to properly construct the project. If a contractor fails to complete construction in accordance with contractual specifications, the performance bond reimburses owners for any completed work up to the level of coverage stipulated in the contract. 

Performance bonds are not required when construction contracts are awarded by local governments or school boards when federal agencies are involved in funding when the cost of labor and materials is paid directly by an end-user without reimbursement from an owner who uses his own employees, or there is no lien law in effect in Florida.

Where may a Performance Bond be filed in Michigan?

The filing of a performance bond is required when any public work involving the excavation, construction, reconstruction, or repair in excess of $2,500.00 (Two thousand five hundred dollars) in value is to be done in Michigan.

A one-time fee of $5.00 must be paid to file a performance bond in Michigan. The original should be filed with MIOSHA on this Ste form, the duplicates are kept in our office as an index copy for easy retrieval. All bonds are good for 12 months from the date of filing unless canceled earlier by one or more of the following methods. 

Six-month notice given prior to the end of year Notice giving at least 30 days written notice before the expiration date. Written or oral notice given at least 30 days prior to the end of the year that the owner does not wish to extend the bond.

The owner, an authorized agent or a contractor, subcontractor, material man, or another interested party may file a performance bond in Michigan. 

A Performance Bond guarantees faithful completion and payment for public work involving excavation, construction, reconstruction, or repair of state highways and county roads when executed by an insurance company licensed with the State of Michigan.

In Missouri, where do I file a Performance Bond?

In Missouri, a Performance Bond is used to ensure that the person or company receiving a benefit from your agency will receive their money. That could mean benefits for you as an employee, such as wages and vacation/sick pay. It could also be benefits being paid to someone else, such as a vendor or supplier. 

If the amount of money exceeds $100,000 then a surety bond is most likely required.

In Missouri, bonds are filed with “The Division of Professional Registration” which can be found at http://pr.mo.gov/. Once at this site click on the ‘Industry’ tab along the top menu bar and select ‘Contractors’. In most cases, these bonds can be filed online. If the bond is not required to be filed online, there will be instructions on how to file by mail or in person. 

To know more about performance bonds, check out Alpha Surety Bonds now!

bookmark_borderHow Long Does a Performance Bond Last?

performance bond - Do performance bonds expire

Do performance bonds expire?

It depends on who issues them and how they are structured. Typically, the terms of a performance bond will be a year or less, but can often run as long as 5 years depending upon the duration of the underlying contract.

Also, performance bonds typically run only one year at most so would expire before any court proceedings were completed. To protect against this, you can ask your surety for additional forms of payment anyway just in case your performance bond ends before the dispute is resolved. For example, it may be worth asking for payment upfront or considering requiring funds from any disputes involved with the project to be placed into an escrow account.

To ask about any specific terms of your performance bond, you should contact the issuer directly.

How long do performance bonds last?

Performance bonds or Margin requirements (not to be confused with margin trading) are a required amount of funds that need to be deposited by the trader when placing the position. For example: if you buy call options in an index and want to hold them overnight then your broker will ask for a percentage of your trade value as a performance bond. 

If the value of your position increases and reaches the level specified in the performance bond then you can withdraw all or part of it and keep holding on with potential profits. The performance bond protects brokers against traders closing positions at their own discretion due to market fluctuations without any losses.

There is one major rule when it comes down to Performance Bonds: they never expire! No matter how long you hold your position, the performance bond will always remain in place and protect your broker. This is why you should never use a performance bond as a stop loss when trading options, if the market moves quickly against you then all of your potential profits can be wiped out quite quickly.

What is the duration of a performance bond?

The performance bond/guarantee should be signed by the supplier, its first-degree subcontractors, and any other parties which are required to execute guarantees. Such guarantors should have a credit rating of at least A3 according to Moody’s or AA according to S&P. Many countries require that the bond be denominated in local currency.

The performance bond is intended as protection for the owner against loss in the event that execution by the bidder does not occur or only occurs partially because the contractor fails to perform his obligations under the contract. 

If these circumstances do arise, then assets which are involved would be subject to liquidation through mutual agreement between the parties or via arbitration/litigation procedures before a court of competent jurisdiction. Once liquidation has occurred, proceeds from sale or lease will be used first to cover any damages due to substantial completion not having been achieved and any shortfall in the liquidation process will be covered by the bond.

If there is a shortfall and it has not been made good within 30 days of notification, any assets subject to the bond may be sold and proceeds distributed equally to all parties affected. The joint signatories are jointly liable for any monies due under this arrangement up to the full sum of the original performance bond. 

If one or more joint signatories default on their obligation, then they are liable for an amount equal to 100% of the total sum insured, but with each being able to claim against his co-sureties up to that proportion of his own liability which is not met by them. A further requirement is that if either party defaults then the other party can serve notice on its co-signatories to take over the performance of their co-surety.

Do performance bonds have to be renewed?

Performance bonds are generally paid for by sellers, who then expect to recover the money if they perform according to contract or not pay the buyer’s damages. The traditional view is that performance bonds will be released after full payment of the purchase price unless otherwise specified in the agreement. Recent case law suggests that performance bonds may need to be renewed before their expiration date, depending on what they specify at the time of execution.

Accordingly, if a seller does not include renewal language in the agreement and the buyer is delinquent on payments, it may be important to specify whether or not performance bonds need to be renewed prior to their expiration date. Should this issue arise, consult an experienced real estate professional for guidance.

How long are performance bond contracts?

The performance bond contract is typically between 6 months to 3 years.

Contracts are usually of 6 months, 12 months, 18 months, and 24 months duration.

Performance Bond contracts for the trading of agricultural commodities tend to run for 6 or 12 months terms. Contracts with shorter time horizons of around one month are also common in some markets. Some cotton contracts have been running on monthly cycles since 2000 when the US government reduced price support levels and eliminated futures market regulation which created significant volatility on this market.

The commodity exchanges provide the pricing benchmark on which all transactions on these products are based. They also provide margin requirements that determine how much money has to be deposited by traders before they can trade in the market. The United States exchanges have their own rules for this, but the margins are mostly around 20%, which gives a good cushion against bankruptcy in case of sharp price movements.

The process of trading is done through brokers who facilitate buying and selling on behalf of clients. Trading commodities involves higher risk than traditional securities due to low liquidity, seasonality effects, different regulatory frameworks, additional costs involved with the storage, etc. It requires expert knowledge to understand the dynamics of the commodity markets. There are specialized institutions that can advise or manage investments in commodity spot/futures markets for investors.

To know more about performance bonds, check out Alpha Surety Bonds now!

bookmark_borderWhat are the Parties in a Performance Bond?

performance bond - What party to a performance bond owes the contract’s responsibility, performance, or obligation

What party to a performance bond owes the contract’s responsibility, performance, or obligation?

A performance bond is a contract between two parties, obligor, and principal. The principal is the owner of the project on which the contractor will be working. The contract contains details about construction specifications, quality standards, cost limitations, and deadlines for completion. 

The obligor is the contractor that agrees to complete work on or before a deadline, using materials that meet certain requirements. A separate document called an “endorsement” specifies the name of another party who pays for it if either party fails to live up to his responsibilities under the terms of their agreement.

If this endorsement names someone other than you as its payee, contact them after final payment has been made by your subcontractor(s) to ensure that they have received all of their earned retainages.

Normally, the principal is named on the performance bond. If not, then the owner of the project that hired or contracted for your work should be listed on it. The surety that your business has an account with will pay you directly if it is required to do so by any official contract-related reason. 

A Performance Bond acts as financial protection in case something goes wrong during a construction project. A performance bond guarantees that someone else’s obligations (in this case the contractors) are fulfilled or that money put into escrow is returned per terms in event of default. It also specifies who will complete the work and for how much under what conditions. 

Who is responsible for a performance bond?

The party who requests the contract to be signed.

The primary reason this question comes up is that a contractor, subcontractor, or supplier may have been required by their customer to secure payment of money owed with a performance bond. The party being paid with the performance bond does not want to spend any more time or money than they have to so ask themselves “What am I paying for?”. 

The answer is simple: release from liability. In most cases, when you are paid through a performance bond, your customer’s main concern isn’t whether you are capable of completing the work but rather that if something goes wrong and they are forced into arbitration or litigation that you will be able to pay whatever sum has been adjudicated by the arbitrator or court.

The question of whether a subcontractor, supplier, or contractor is responsible for performance bonds is an exciting legal question because there are so many different ways it can be answered and to such contradictory results. The best way to analyze this situation requires us to begin at the point where all parties involved have agreed that a bond will be required as part of the contract between them. At this time it should also be clear who is requesting the bond (the customer) and who will front the money for payment on the bond (the supplier, subcontractor, or contractor).

Who guarantees the obligation performance parts under a performance bond?

A performance bond is an undertaking by the surety to pay a third party (the obligee) when there has been non-performance of, or wrongful performance of, all or part of the guaranteed obligations for reasons other than force majeure.

Performance bonds are usually used in construction contracts where they provide liquidity and certainty for the contractor during the course of the project. The contract price is reduced to reflect that part of it which will be reimbursed if certain conditions occur. It should not be viewed just as insurance against default on the part of the contractor’s suppliers; but may also take account of events such as delay costs, local difficulties, and changes to design specification which may affect progress and delivery time.

The words “all obligations’ are what has caused the most difficulty. What does it mean? Is it just another way of saying that the surety guarantees that all obligations under the contract will be performed by the contractor? 

If so then this would not include any subcontractor’s obligation which was guaranteed by them as their subcontractors will also have to perform their own contractual obligations with regard to completion dates for example. This is clearly an unsatisfactory interpretation. But there are other ways of considering this issue.

This definition clearly indicates that what is being guaranteed are “guaranteed obligations”. In this context, it could be argued that ‘obligation’ means something under a contract. There does not seem to be any basis then for expanding the meaning beyond that normally associated with construction contracts.

A performance bond provides the most protection to which party or parties?

The most protection is provided to the contractor. The surety company ensures that it will pay out if the contractor fails to complete their part of a project according to the contractual agreement. If the contractor fails, money for additional work may be required from either party depending on what has happened. This can result in litigation between them and their client.

The contractor is the party that receives protection from the performance bond. The surety company ensures that it will pay out if the contractor fails to complete their part of a project according to the contractual agreement. If the contractor fails, money for additional work may be required from either party depending on what has happened. This can result in litigation between them and their client. 

The client is not protected by this type of contract because they are at risk for paying more than expected in construction costs due to changes in funded projects which cause problems within contractual agreements with reducing expenses. 

The owner is never included in any information about this type of insurance policy because they are not directly affected if there are problems between the parties involved. However, if lawsuits occur because of the performance bond, it is likely that the project will be delayed or may not occur which can affect both parties involved.

In a performance bond, who are the parties involved?

The second sentence of the article is enough to address this question, but here’s a little more background on performance bonds. Performance bonds (or contract bonds) are financial instruments that businesses or individuals can take out when they agree to complete a project or meet certain requirements for another party before receiving payment. 

In order to recoup any losses if the company fails to fulfill its end of the deal, the other party requires them to provide a performance bond which will be cashed if there is a default. However, it’s still up to the obligee (the person requiring that they provide a performance bond before getting paid), and not the surety (the person providing the bond), to have a legal claim against the company that defaults on their obligations.

A performance bond is a financial instrument that businesses or individuals can take out when they agree to complete a project or meet certain requirements for another party before receiving payment. In order to recoup any losses if the company fails to fulfill its end of the deal, the other party requires them to provide a performance bond which will be cashed if there is a default. 

However, it’s still up to the obligee (the person requiring that they provide a performance bond before getting paid) and not the surety (the person providing the bond) to have a legal claim against the company that defaults on their obligations.

To know more about performance bonds, check out Alpha Surety Bonds now!

bookmark_borderDo Performance Bonds Come With Tax Responsibilities?

performance bond - Is it possible for performance bonds to be taxed

Is it possible for performance bonds to be taxed?

A performance bond is essentially an agreement between two parties (the issuer and the beneficiary) in which the issuer agrees to pay a sum of money if certain conditions aren’t met. This sum of money is denominated as “claims”. The typical purpose for this transaction is that it guarantees that the party who provides the service will carry out their end of the agreement after receiving payment. A performance bond acts as insurance, but instead of insuring property or life, it’s used to ensure services are properly completed.

The difference between a Performance Bond and an Insurance policy is that insurance has premiums that are paid regularly, while the issuer of a performance bond does not collect premiums. Rather, they get their money when the beneficiary makes a claim on it.

Many of these types of bonds are often governmental in nature, such as tax collection bonds or construction project development bonds. For example, if someone is building a public bridge over navigable waters but doesn’t finish the bridge before he runs out of money, his 

Performance Bond would ensure that those who have paid fees to use the bridge will be reimbursed for those fees until another company could be found to complete the project or until enough money was collected from tolls to complete it. In this instance, taxes wouldn’t even come into play as the costs are fronted by the issuer, not the beneficiary.

What is a performance bond and how does it work?

A performance bond is a bid bond, contract bond, or construction surety bond, required by contractors bidding on public projects. A performance bond guarantees that the contractor will perform all of its obligations stemming from an agreement (usually with the owner of the public project) to use materials and provide labor for the project.

The goal is to prevent disputes about whether or not certain work was performed correctly or materials were used appropriately. If there are problems, then the surety takes over and makes any corrections needed so that the project can be completed successfully. The surety company pays for those costs out of its own funds upfront; it then tries to recover those costs by billing the contractor.

A performance bond is a three-party agreement between the contractor, the surety company, and the owner of the public project. The contractor agrees to perform all obligations as stated in the contract, and the surety guarantees those duties will be fulfilled if needed.

The owner of a public project may choose to waive its right to a performance bond at its discretion, but most require that contractors provide one as part of their bid proposal or application for a license. If they do not submit a performance bond with their proposal, then they cannot win the contract.

What is the procedure for filing my performance bond tax?

One of the major issues that concern contractors is how to file their performance bond taxes properly. When the relationship between the owner and contractor ends, it is important for both parties to settle all outstanding financial accounts. This includes finalizing payment on any changes or additions to the contract (known as change orders), repayment of retention, reimbursement of line-item allowances, and settling upon the balance of the performance bond tax funds.

When filing your performance bond taxes you must provide all necessary documentation requested by your surety including original invoices and receipts showing how much federal, state, and local taxes you have collected. 

Due to the fact that your surety is acting as a tax collector, they are required to file all federal, state, and local reports on your behalf. The procedures vary by jurisdiction but most employees of the surety act in the capacity of an independent contractor when filing these reports. You should discuss with your surety how often forms are filed on your behalf.

It is important to know that if you fail to file any required reports or pay any outstanding amounts owed due to erroneous reporting by the surety, then you may be held liable for this amount plus penalties and interest. 

You will also be charged with fraud if it can be proven that false information was provided in order to avoid payment of the bond tax. You should contact your surety and provide them with all necessary information so they can file the reports and remit funds to Federal, State, and Local government agencies on a timely basis.

What is the appropriate amount for a performance bond?

A performance bond sometimes called a bid bond, contract bond, or construction bond, is a guarantee that the project will be completed according to specifications laid out in the contract. Performance bonds are paid by the contractor at the end of each milestone (usually every 20 percent) of project completion. 

While the exact amount of any performance bond is determined by both city and state requirements, typical amounts can be extrapolated from national averages. The most common areas that require larger performance bonds include heavy construction (such as road building), government projects (such as military installations), and public works (such as bridges). 

On average, these types of projects require a performance bond equal to 100 percent or more of the total contract value. For instance, the Federal Highway Administration recommends that contracts over $5 million carry a bond equal to 75 percent of their value.

Is it possible to get a refund on a performance bond?

Yes, but most companies will not refund your money. Performance bonds are required to ensure that work is done correctly and all terms of the contract are upheld. It is more common for construction companies to release funds after the first progress payment has been released by the owner or general contractor. 

The general contractor or subcontractor must prove that they already paid their subcontractors, suppliers, and labor before they can be reimbursed some or all of this money. On some projects, owners may pay off existing invoices prior to issuing payments to the prime contractor. 

If this is the case then it’s likely your performance bond can be returned once those invoices have been processed (provided there is no outstanding amount). If an existing issue with your subcontractor or supplier has been resolved, then the bond may be released.

To know more about performance bonds, check out Alpha Surety Bonds now!

bookmark_borderWho Should Have A Performance Bond?

performance bond - Who needs a performance bond

Who needs a performance bond?

Performance bonds are rare in the engineering and construction industry, but there are cases where they should be used for projects that have a long lifespan.

In general, performance bonds are not required by design-build contracts or federal projects unless otherwise specified. In other words, many believe that as long as the specification doesn’t call for one that it’s as good as “not sure.” However, this isn’t always true. We should know how to use these insurance policies when necessary. Otherwise, we could be leaving ourselves open to potential future disasters down the line.

What does a performance bond guarantee?

A performance bond or performance guarantee is a type of surety bond.

A performance bond guarantees that a company will be able to complete a certain project as specified in the contract if the client chooses to use this option.

In other words, the contractor must abide by all terms and conditions set out in the contract.

The client can also add specific conditions which need to be met before they release payment from the advance account. The client has control over what should occur when payments are made while ensuring quality workmanship and materials are used during construction. For example, water tightness testing may be one ensures procedures under a performance guarantee clause for a construction company building a dam or levee system. any sort of guarantee, there’s always a list of requirements that the job seeker must meet.

The contractor is responsible for all damages that result from flawed or defective workmanship/materials, as well as accidents related to the construction project. Anyone who has hired someone to perform a service for them knows that if something goes wrong, it can be difficult to hold the other party accountable. In addition, if an accident occurs during the project, who will assume responsibility? 

You should always ask for proof in writing – you don’t want to find yourself left high and dry by someone who promised more than he could deliver. Not all contractors have been vetted by licensing authorities so hiring an unlicensed individual may leave you open to problems down the road.

What are the consequences of not providing a performance bond?

Not providing a performance bond subjects the contractor to liability for any damages resulting from the subcontractor’s injury or death that occur during contract work. For example, say that Subcontractor A was injured while working on project X and sues Contractor B, who was responsible for providing a performance bond. 

If it is determined that an adequate performance bond was never established by Contractor B, then Contractor B would be responsible for paying all costs incurred as a result of Subcontractor A’s injuries including legal fees and medical expenses. 

Additionally, if Subcontractor A’s injuries were severe enough to end his career as a carpenter causing him to no longer earn wages, then Contractor B would be responsible for paying Subcontractor A until he is able to earn the same wages that he was once earning before his on-site injury occurred.

Who should have a performance bond?

The list is long, but it includes construction companies, architects, engineers, general contractors, subcontractors, and suppliers.

Performance bonds are written by surety companies as an assurance of work or materials for a project on which they are obligated to pay claims as required under the terms of the bond agreement. 

Performance bonds usually cost from 0.75 percent to 2 percent of the bond’s face value annually and typically cover only those who ask for them. In other words, if a company asks for a performance bond and has a claim against you as a result of nonperformance by your company on the contract generally you must pay upon your performance bond before paying any part of the claim.

On large projects, there is often more than one principal contractor and several subcontractors involved in the performance of the contract. The owner may require a bond from each prime contractor as a condition to enter into a prime contract with that contractor. The prime contractor will then typically require a similar bond from each subcontractor prior to awarding them an order for services or materials. 

Not all owners have this requirement, but it does allow for greater control over the project by the owner’s representative which can be useful during construction. In many cases, Owner’s Representatives use their own bonding company so they don’t have to deal with soliciting bonds throughout a project instead of paying bills and managing progress on site. 

Although not common, it is entirely possible for a subcontractor to offer their own performance bond in lieu of having one required by the Owner’s Representative. This must be discussed and agreed upon prior to soliciting any performance bonds for a project, but can result in significant savings if done correctly and does not delay the labor and materials needed onsite.

Are performance bonds required on all proposals?

No, bonds are not required on all proposals. The determination of whether a bond is required is based on the dollar value of the contract. For contracts with a dollar value that is less than or equal to $100,000, there are no requirements pertaining to performance bonds. 

For contracts above $100,000 up to and including $500,000, the prime contractor must provide evidence of either an individual surety bond for 100 percent of the contract price or a bid bond issued by financial institutions qualified as acceptable sureties in accordance with CFR 49 part 9. 

The Bidder shall furnish performance security in an amount equal to at least 100 percent of the amount called for in this provision % sample format % clause 252.232-7003(j) Revised February 15, 2012.

The Bidder shall furnish performance security in an amount equal to at least 100 percent of the amount called for in this provision % sample format % clause 252.232-7003(k) Revised February 15, 2012.

To know more about performance bonds, check out Alpha Surety Bonds now!