bookmark_borderWhat to Look for in a Commercial Surety Bond Form

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What is a commercial surety bond?

A commercial surety bond is a contract between a company and another party. The contractor provides the required security against the failure of their contractual duties, generally in the form of a payment or performance bond.  These bonds can be used to encourage people to do business with you by protecting them from financial loss should you fail to complete your tasks.

Commercial surety bonds are most often used in the construction industry, but they can also be required for subcontractors involved with federal contracts. The following are just some instances where a contractor may need to procure a bond:  government projects, sale or lease of real estate, contract performance, small business contracts/agreements, and licensing.

When purchasing a commercial surety bond there are several factors you should consider before making your decision including underwriting requirements, type of contract/undertaking being bonded, indemnity amounts, premium rates, agency relationships, and financial strength ratings. Make certain you review all relevant information prior to making a decision and compare several different companies before committing. 

What types of commercial surety bonds are there?

There are three basic types of commercial surety bonds:  performance, payment, and maintenance. These different kinds of contracts require specific bonds that vary based on the nature of the work being done or services being rendered. 

A performance bond ensures that you will complete your contractual obligations while a payment bond guarantees that you will be paid for the work you have completed. A maintenance bond is similar to a performance bond, however, it’s typically used in relation to smaller contracts and ensures that both parties live up to their contractual agreements.

You can never predict exactly what will happen in your business so it’s important to prepare accordingly. Implementing a strong commercial surety bond is one of the best ways to protect yourself from financial losses as well as other legal obligations that may arise. Take the time to research these different agreements and choose a reputable agency that you fully trust with all relevant information before making a final decision.

How much does a commercial surety bond cost?

Premium rates for these different types of bonds can range from 1% – 30% depending on the type of contract, amount of the bond, and financial strength ratings. 

The premium rates can also depend upon whether you’re applying for individual or multiple bonds under one application. Compare several companies to find the best deal possible and make certain you fully understand all relevant obligations before signing your commercial surety bond agreement. 

What are the underwriting requirements for commercial surety bonds?

The underwriting process is similar to applying for a loan and the guidelines vary from one agency to another. When purchasing your bond make certain you thoroughly review all of these requirements before submitting your application as they can vary depending upon the nature of your contract as well as the insurance company. These requirements usually include: 

  • Identity verification (i.e. SSN, DOB)
  • Most recent personal and business financial statements
  • Business history and composition (i.e. number of employees, amount of revenue/sales, etc.)
  • Personal credit score and FICO score

Other factors can also affect your eligibility such as or tax liens so be sure to research and understand all relevant underwriting criteria to ensure you qualify.

It’s important to work with experienced professionals who can help guide you through this process so you understand all of the necessary details including what is required by law in your state. 

What is the process for obtaining a commercial surety bond?

The procurement of commercial surety bonds can vary depending on the company you’re working with and your specific requirements. Generally, there are four different steps involved:  application, underwriting review/approval, bond issuance, and payment of premium. Your chosen agency will guide you through this process making it as easy and hassle-free as possible so you can secure the relevant agreement in a timely manner. 

Unfortunately, there are instances where agencies fail to meet their contractual obligations and have to close their doors. If the bond you’re working with is a performance bond and they failed to perform on your contract it’s important that you take action within 60 days of the date of default to file a claim in court. Many people who worked with this company may be affected by this closure so it’s recommended that you seek legal counsel if you lost money because of this incident. 

If you’ve lost track of your commercial surety bond agency and they have gone out of business, it’s important that you find a new provider as soon as possible. The company should work with you to help transition all relevant agreements so you’re not negatively impacted by the closure in any way. Be certain to research numerous different companies before moving forward and don’t commit to anything without fully understanding all requirements.  

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

bookmark_borderChoosing a Bond Producer for the Long Run

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What makes a good surety bond producer? 

For new companies that are just starting to bond, it’s easy to get into a routine of thinking that your insurance agent or your accountant – or even the guy who wrote the bonds last time – is good enough. But when it comes right down to it, what you need is someone who knows how and will help you:

  • Understand the bonding process and be able to anticipate your needs, including:
  • Be responsive and not forget you’re a customer when things get busy.
  • Give you the best coverage for the lowest rates – because that’s what they do all day long!
  • Put together an action plan that will get you bonded, keep you bonded, and out of trouble.
  • Teach you how to handle bonds so that they are easy for you to obtain when changes – both good and bad – occur in your business.

What should I look for in a surety bond producer?

The surety bond business is made up of good people who do all kinds of different jobs. There are specialists in construction, transportation equipment, labor, and service contracts. 

There are small companies with only one or two producers – usually in a workmanlike office in an industrial area or strip mall – that have been around for years doing this same job for a lot of different customers. Then there are big companies with multiple offices and dozens of producers, some with pretty glitzy (and expensive) offices in the heart of downtown.

While all of this is not necessarily bad (some of it might be great), you need to ask hard questions about the level of service that each producer can provide.

If you’re just getting started and you need an office that will bring your bonds to where your business is, then a small company might be right for you. On the other hand, if you want an experienced player who has their own marketing people and can sell on a national or even international basis, then one of the big guys might be better.

Who should I call, a surety bond broker or a surety bond agent?

When you start calling around to talk about insurance and bonding, you will probably find that many of the people you talk to are really brokers – they charge commissions on whatever business they send your way. But what happens if you have a problem later on? Are you stuck with this broker, even if they can’t help you? 

If you want a surety bond agent who will have your back when the going gets tough – and has been doing it for years – then you need to ask for one!

Asking for an agent will probably cost more, but it’s well worth it. After all, you wouldn’t buy a car without going to a dealership where they have cars in stock and mechanics on the premises. You would probably want to go to an established business that knows how to sell cars and fix them when they’re broken – not just offer advice over the phone or a free place for you to do it yourself.

With insurance and bonding, you want the same thing – a place where they know their business and will help you do yours.

How will I know if I’m talking to a legit surety bond producer?

There’s a lot to this business and there are some real rules and regulations that producers have to follow. But really, the best way to tell if you’re dealing with an honest person who knows their stuff is by asking them questions so they can prove it.

For example:

  • What licensing do you have? (Any insurance producer who is going to handle surety bonds needs at least one license – a state insurance license.)
  • What type of business have you been doing? (If they have been in the industry long enough to have handled your kind of bonding business before, then they can work for you now. They will know what’s needed and what paperwork you will need to provide.)
  • What kind of business are your customers? (They should be able to tell you the type of business they typically bond to – construction, trucking, cleaning companies, etc.)
  • How much money do I need to get bonded? (You probably won’t go very far with someone who is only willing to write a bond for a couple of thousand dollars. They should be able to give you a range to work with, from several thousand to hundreds of thousands.)

If they can’t answer these questions in detail, then move on. There are good people out there and, if you keep looking, you’ll find them.

How do I find a surety bond agent who understands what I want to do?

The first thing you have to know is that insurance and bonding are heavily regulated businesses. In fact, the surety bond business has been around a long time – it started with sea captains carrying letters of credit for their sailors before banks were doing it. 

In most places, there are rules and regulations about how you have to get bonded – every business has different liabilities and there is a good chance that your business might not qualify for an industrial surety bond the local agent knows all about.

In this case, it can be time to find someone who specializes in commercial bonding. Call some of the big providers and ask them if they have someone who works with business owners. Ask them if these people are willing to do things like give you a free quote even if you can’t afford their service at the moment.

If they aren’t, then keep looking. You want someone who specializes in working with business owners and understands that not every owner has the cash sitting around to get bonded all at once.

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

bookmark_borderCommercial Surety 101: Why Contractors Need to Be Licensed and Bonded

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Why do contractors need to be bonded? 

Contractors can actually work without being licensed or bonded in some states; however, it is always advisable to become licensed and bonded. This is because there are many benefits of being bonded for contractors. The following are just some of the reasons why you should be bonded:

  • You have a better chance of getting contracts since bonding can give clients peace of mind that they will not lose their investment if anything happens during the project. Contractors who are bonded tend to be more successful than those who are not bonded.
  • Bonds protect you against losses if something goes wrong during or after project completion. The contracting business is relatively risky so it is better for contractors to have some protection if anything goes wrong with a client’s project. Also, many clients require contractor bonds before they will hire the contractor.
  • Bonding is a sure way to protect your company from losses.
  • You can get a discount on some services such as homeowner’s insurance.

What are the benefits of getting bonded as a contractor?

Contractors who are bonded can also enjoy added benefits from their bonding companies including:

  • Direct referral business by the surety
  • Access to capital and financing assistance through corporate bonds or equipment leasing/financing
  • Business advisory services

There are also certain types of contractors who are required to be bonded by the state in which they work. These include:

  • Contractors working with federal, state, or local governments on public works projects which are valued at over $100,000. 
  • Those providing professional engineering and architectural services.
  • Contractors who will be performing a contract of $1,000 or more with the government. 
  • Those engaged in work for public utilities and railroads.

Is a contractor bond a must-have?

There are professions that require contractor bonds even if you don’t meet the state’s dollar threshold. These include:

  • Security service contractors – those providing guard services as well as alarm and armored car companies. Homeowners should always check to see if their security company is bonded since most burglaries occur within the first 30 minutes after the security company leaves. 

If your security firm is unlicensed and uninsured, it can be nearly impossible for clients to recoup losses from property damage and theft during this critical period. So not only do homeowners need to ensure that their own service provider is licensed and insured, they need to ensure that the security company they are using has its own bonding.

  • Private investigators – this is a profession in high demand so being bonded with one of the top surety companies can help you get more contracts. A private investigator may be asked to provide services at home or on the go for his clients. If he comes back with successful results, then he will most likely get paid; however, if there are problems during the project, then his bond can protect him against losses.
  • licensing board compliance bonds are provided by contractors working for licensing agencies like medical boards and real estate commissions where licensing violations lead to license revocation or fines imposed on applicants who falsify information on their applications.

What happens if a contractor is not bonded?

If the contractor is caught working without having a bond in place, they will be forced to stop work immediately. The bonding company may bring legal action against them for violations of the state’s code or even criminal charges. 

They will also need to be able to pay all claims that are made against them by clients who have suffered losses because of faulty workmanship, material defects, and other problems caused by the contractor during their projects.

Bonding your contracting business can protect you from financial loss in case anything goes wrong with any project you undertake. It will give you peace of mind knowing that there are some safeguards in place if something does happen. Just make sure that when you get bonded, choose one of the top-rated insurance companies which have your best interests in mind.

Is it legal to accept projects without getting bonded first?

Contractors must get bonded before they can accept any project. Some of them may try to find ways around it but it is not worth the risk of getting caught and having to pay all claims that are made against you. It really does pay to be bonded, especially if you work on higher-value projects where there are many potential risks involved.

Understanding what it means to be bonded is essential if you want to protect your business from possible financial losses in the case of defective products or faulty services provided by your company. If you have any more questions about bonding, check with some of the top-rated surety companies today!

Even if you are able to get away with such an act, the fact is that you should never take chances when working with other people’s money and expect them not to come after you for losses suffered due to your negligence or incompetence.

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

bookmark_borderSurety Bond: How Much Is It?

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What is the cost of a surety bond?

A solid credit score is vital for small companies since it shows that you have been in the company for a long time and have paid all of your expenses on time. Your credit score will influence the cost of your surety bond, but it is only one of several elements that go into determining how much your surety bond will cost.

Because different sorts of businesses have varied insurance needs, the type of business you are in also has an impact on the cost of your surety bond. If you run a retail store, for example, you are obliged by law to have some amount of general commercial liability coverage, such as product liability insurance. If you’re operating a restaurant, for example, depending on the state where you do business, worker’s compensation and liquor liability insurance may be necessary.

Because different types of transactions and activities have varied insurance needs, the complexity of your transactions or operations affects the cost of a surety bond. a contractor undertaking renovation work on a government installation, for example, will need a different bond than if he or she is merely a subcontractor on the project.

Because certain states charge more to do business in, the number of states where your firm conducts business has an impact on the cost of your surety bond. If you are being bonded as a “foreign” firm, which implies your company is based outside of the state where you are asking for surety bond coverage, certain states charge you an extra price.

Because various bonds have different minimum liability limitations, the type of bond you apply for has an impact on how much your surety bond will cost. If a contractor is undertaking renovation work on a government facility, for example, the limit will be larger than if the contractor is merely subcontracting for another firm.

Is it costly to get a surety bond?

The simple answer is no, which is why many small firms opt for surety bonds. Surety bonds are often less expensive than commercial liability insurance since you won’t have to pay an insurer a premium to absorb the risk of your company failing. When it comes to underwriting, the insurer’s main concern is whether the cost of the bond is worth it for them after taking into account the likelihood that you may fail.

Many insurers may demand an extra price to guarantee that your surety bond is underwritten as a “foreign” firm because most small business owners are at a high risk of failing. This implies that your company must demonstrate to the insurer why a state premium isn’t required. It has nothing to do with where you are located or any additional expenses that may be incurred as a result of operating in particular states.

Because various organizations require different forms of coverage, there are several factors that influence the cost of your surety bond or insurance policy. Your credit score, the number of states in which you conduct business, the nature of your operation or transaction, and other factors all factor into the cost of surety bond insurance.

Is it possible to acquire a free estimate for my new company?

We will offer you an exact price that includes our premium rate when you apply for a new surety bond with us. Based on that rate, you may then determine whether or not to apply. We don’t offer free quotes because there are too many variables to consider when deciding whether your organization is eligible for coverage under any given bond.

We also don’t charge any fees prior to providing insurance, so there’s no need to provide someone with an anticipated premium cost without first gathering their personal financial information. As a result, it is essential to contact us directly by phone or email so that we can offer you an estimate for the precise amount of your premium.

When I don’t have a surety bond, what happens?

One of the last things you want to happen when you need a surety bond, such as if your company is going through bankruptcy or wants to expand, is to find out that you won’t be able to secure one. This frequently entails losing clients and closing your business until you can become bonded and restart work.

If your firm collapses and you don’t have a surety bond in place when you should have, you’ll be avoiding blame and shielding yourself from potential lawsuits at all costs. If a lawsuit is filed against them, it might hinder their prospects of receiving any money from the bankruptcy procedures, regardless of how genuine their claim is.

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

bookmark_borderWhat Makes a Good Surety Bond Producer?

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What qualities do you look for in a surety bond producer?

It’s easy for young firms just getting started with bonding to fall into the trap of thinking that your insurance agency, accountant, or even the man who drafted the bonds the previous time is good enough. But, when it comes down to it, you need someone who understands what they’re doing and will assist you:

  • Understand the bonding process and be prepared for your demands, which may include:
  • When things become busy, remember to be responsive and to remember you’re a client.
  • Because that’s what they do all day, they’ll provide you with the finest coverage at the lowest costs.
  • Create an action plan to get you bonded, keep you bound, and keep you out of trouble.
  • Teach you how to handle bonds so that you can get them quickly when your firm undergoes positive or negative developments.

What characteristics should I look for in a surety bond company?

The surety bond industry is made up of good people who execute a variety of tasks. Construction, transportation equipment, labor, and service contracts all have specialties.

There are tiny enterprises with only one or two producers that have been performing this same task for a variety of customers for years, generally in a workmanlike office in an industrial area or strip mall. Then there are the large corporations with many offices and hundreds of employees, some of which have glamorous (and pricey) headquarters in the center of downtown.

While none of this is inherently negative (some of it might be fantastic), you must ask tough questions about the degree of service that each manufacturer is capable of providing.

A small business can be appropriate for you if you’re just getting started and need an office to bring your bonds to where your business is. One of the larger players, on the other hand, would be ideal if you want an experienced player with their own marketing team and the ability to sell on a national or even worldwide level.

I’m not sure if I should contact a surety bond broker or a surety bond agent – what should I do?

When you begin contacting around for insurance and bonding information, you will likely discover that many of the persons you speak with are really brokers who charge commissions on any business they refer your way. But what if you run across a difficulty later on? Are you obligated to continue working with this broker even if they are unable to assist you?

If you want a surety bond agent who will be there for you when things get rough – and has done so for years – you should ask for one!

Requesting an agent will almost certainly cost extra, but it is well worth it. After all, you wouldn’t buy a car unless you went to a dealership with automobiles on the lot and mechanics on site. You’d probably want to go to a reputable company that knows how to sell automobiles and fix them when they break down, rather than someone who just gives you advice over the phone or offers you a free spot to do it yourself.

When it comes to insurance and bonding, you want a location where they know their stuff and will help you with yours.

How will I know whether I’m speaking with a reputable surety bond company?

There’s a lot to this industry, and manufacturers must adhere to certain norms and regulations. However, the easiest way to identify if you’re dealing with an honest individual who understands what they’re talking about is to ask them questions and see if they can prove it.

Consider the following scenario:

  • What kind of permits do you have? (Any insurance producer handling surety bonds must have at least one license, which is a state insurance license.)
  • What kind of company have you been running? (If they’ve been in the industry long enough to have dealt with your type of bonding previously, they can work for you right now.) They’ll know exactly what they require and what papers you’ll have to supply.)
  • What type of business do your clients run? (They should be able to tell you what kinds of businesses they usually bond to – construction, haulage, cleaning services, and so on.)
  • To become bonded, how much money do I need? (With someone who simply wants to sign a bond for a few thousand dollars, you’re probably not going to get very far.) They should be able to provide you with a selection of options to choose from, ranging from a few thousand to hundreds of thousands of dollars.)

If they are unable to provide detailed answers to these questions, go on. There are decent people out there, and you’ll find them if you keep seeking.

How can I locate a surety bond agent that is familiar with my needs?

First and foremost, you should be aware that insurance and bonding are highly regulated industries. Indeed, the surety bond industry has a long history; it began with sea captains holding letters of credit for their men before banks became involved.

There are restrictions and regulations in most regions concerning how you must be bonded – every firm has distinct obligations, and there’s a strong possibility you won’t qualify for an industrial surety bond that your local agent is familiar with.

In this instance, it may be necessary to seek the services of a commercial bonding expert. Ask some of the larger carriers if they have someone who deals with small businesses. Inquire whether these individuals are ready to do things like provide you with a free quote even if you are unable to purchase their services at this time.

Continue looking if they aren’t. You want someone who specializes in working with business owners and recognizes that not every owner has the financial means to become bonded all at once.

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

bookmark_borderCan Contractors Work Without a Surety Bond?

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Why is it necessary for contractors to be bonded?

In certain places, contractors can work without being licensed or bonded; nonetheless, it is always a good idea to get licensed and bonded. This is due to the numerous advantages of being bonded for contractors. Some of the reasons why you should be bonded are as follows:

  • Because bonding can provide clients peace of mind that their money would not be lost if something goes wrong during the project, you’ll have a greater chance of winning contracts. Contractors who are bonded are more likely to succeed than those who are not.
  • Bonds safeguard you from financial loss if something goes wrong during or after the project. Because contracting is a dangerous business, it’s best for contractors to carry some insurance in case something goes wrong with a client’s project. In addition, many clients demand contractor bonds before hiring the contractor.
  • Bonding is a certain strategy to safeguard your business against damages.
  • Some services, such as homeowner’s insurance, are eligible for a discount.

 

What are the advantages of being a contractor who is bonded?

Contractors who are bonded can make use of additional benefits provided by their bonding providers, such as:

  • The surety’s direct referral business
  • Corporate bonds or equipment leasing/financing provide capital and financial support.
  • Advisory services for businesses

Certain types of contractors are also required by the state in which they work to be bonded. These are some of them:

  • Contractors who work on public works projects worth more than $100,000 for the federal, state, or municipal governments.
  • Engineers and architects who provide professional engineering and architectural services.
  • Contractors who will be undertaking a government contract of $1,000 or more.
  • Those who work for public utility companies and railroads.

Is a contractor bond required?

Even if you don’t match the state’s monetary criteria, several occupations require contractor bonds. These are some of them:

  • Contractors who provide security services, such as guards, alarm systems, and armored cars. Because most thefts occur within the first 30 minutes after the security provider leaves, homeowners should always check to verify if their security firm is bonded.
  • It can be extremely hard for clients to collect damages from property damage and theft if your security service is unregistered and uninsured during this important period. Homeowners must check that not only their own service provider is licensed and insured, but also that the security business they hire has its own bonding.
  • Private investigators — because this is a high-demand industry, having a bond with one of the top surety providers will help you land more contracts. For his customers, a private investigator may be asked to deliver services from home or on the road. If he returns with positive findings, he will almost certainly be compensated; however, if issues arise during the assignment, his bond will protect him from losses.
  • License revocation or fines are imposed on applicants who falsify information on their applications and licensing board compliance bonds are provided by contractors working for licensing agencies such as medical boards and real estate commissions where licensing violations lead to license revocation or fines imposed on applicants who falsify information on their applications.

What happens if a contractor isn’t covered by a bond?

The contractor will be obliged to stop working immediately if they are detected operating without a bond. The bonding firm may file a lawsuit or even criminal charges against them for violating the state’s code.

They must also be able to settle all claims brought against them by clients who have incurred losses as a result of the contractor’s bad workmanship, material flaws, and other issues throughout their projects.

Bonding your contracting company can safeguard you from financial damage if something goes wrong with one of your projects. It will offer you peace of mind to know that if something goes wrong, there are some precautions in place. Simply select one of the top-rated insurance providers that have your best interests at heart when you become bonded.

Is it permissible to accept projects without first obtaining a bond?

Before accepting any project, contractors must get a bond. Some may attempt to find a way around it, but the danger of being detected and having to pay all claims made against you is not worth it. It certainly pays to be bonded, especially if you’re working on high-value projects with a lot of potential hazards.

Understanding what it means to be bonded is critical if you want to protect your firm from potential financial damages in the event of defective products or services. If you have any more bonding inquiries, contact some of the best-rated surety providers immediately!

Even if you think you can get away with it, the truth remains that you should never gamble with other people’s money and expect them not to sue you for losses caused by your negligence or ineptitude.

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

bookmark_borderVerifying A Surety Bond

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How can you verify a surety bond?

A surety bond is a type of contract between three different parties. The first party in the agreement would be the obligee or issuing agency, which is typically an organization that provides financing for projects such as school construction or road building. The second party in the agreement is the principal, who is usually referred to as “the contractor.” 

The contractor becomes part of the agreement when it enters into an agreement with the obligating agency to provide labor and materials at cost for a certain outcome. For example, if someone were applying for funding to build a bridge over state route 789, they may have been contracted with by ODOT to do so under a set amount of time and specific specifications. In order for this transaction to occur both parties must be sure that the contractor will be able to complete the project in a timely manner and according to set specifications. 

This is where the third party comes into play, they are known as the surety. The surety’s role is to make guarantees for both parties; if at any point during or after construction it becomes apparent that promises have not been kept then ODOT may file a claim with the surety agency to recoup any money lost throughout this process due to sub-par workmanship on behalf of the contractor. 

Sureties may come in many forms depending on their affiliation with different issuing agencies, but most fall within one of three categories: insurers, banks, or bonding agents.

What is proof of surety?

When you are verifying a surety bond, the first thing that must be done is to identify the actual type of surety. This can usually be done by looking at documentation surrounding the agreement between the two parties. This information will usually state directly whether or not they utilized an insurer, bank, or bonding agency as their financial backer. 

Once this has been established it may be possible for more detailed information about the backing company to be found on their website. Most companies celebrate their success stories and achievements on public websites which detail how they were able to help another party meet their goals through financing or insurance coverage. 

Proof of surety can also generally be found by contacting either party involved in creating a contract; if there is no responsive contact with those involved then contacting the company themselves would be your next step.

If all else fails, you could contact the issuing agency directly! Some agencies will have records of their contractors and what types of financing they have taken out to create their contracts, this information may also assist in verifying proof of surety.

What is the responsibility of a surety?

In order for a surety to properly guarantee a contract, they must first ensure that the contractor is financially capable of completing their project. By doing so they can be sure that if something does go wrong and the client wishes to file a claim, the contractor will have enough money in the reserve to cover all necessary expenses.

Once this has been done, they also take on another role which requires them to handle any legal disputes that may arise from the contract. If there were ever a disagreement between ODOT and our hypothetical contractors then it would fall upon our hypothetical surety company at that point to meditate and come up with an answer that both parties could work with moving forward. 

What are some ways you can verify proof of surety?

Some of the most common questions that come up when verifying proof of surety are how much work has been done on a project, what is the average amount of contract disputes, how long have they been in business, and what percentage of contracts do they fulfill. 

Luckily there are some resources available to help verify this information if it is not found on the company’s website or other documentation about their work! The first place where you can start would be calling either ODOT or your contractor to see if they have any additional information that could help track down any specifics related to the transaction. 

If both parties are unable to provide you with further information then contacting the company directly may prove fruitful. Lastly, many companies maintain public records which detail all aspects of the work that they have done, this information is often easy to find online!

Is a surety bond a liability?

Both the contractor and surety company take on liability when they enter into a contract, but once there is a claim made against either party it essentially becomes an obligation of the insurance or backing company. 

What does it mean to be in good standing? If they do not meet their contractual obligations and they are unable to rectify the issue with ODOT then both parties involved will be required to present documentation about their efforts at resolving the transaction. If you would like any further assistance verifying proof of surety then feel free to contact us directly!

Want to know more about surety bonds? Check our Alpha Surety Bonds now!

bookmark_borderSBA Surety Bond Guarantee Program – A Useful Tool For Contractors

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What is the SBA Surety Bond Guarantee Program?

The SBA Surety Bond Guarantee Program (SBG) is a helpful tool in financing and retaining small businesses in the market. The program provides a bonding capacity of up to $2 million for each financial institution that enters into an agreement with the agency. 

A bank or surety then uses its capital to cover the bond, while also earning a premium from the government on top of its cost of capital. SBG’s goal is to improve access to bonding capacity for small businesses which have been unable to obtain adequate financing through conventional or public sources of capital.

The Surety Bond Guarantee Program is part of the U.S. Small Business Administration’s efforts to help small businesses access the bond market. The program provides an alternative to traditional surety bonding for federal government contract bonds, allowing them to be paid directly by the Department of Transportation (DOT).

What are SBA surety bonds?

SBA surety bonds are security agreements executed between a contractor and an SBA-approved commercial surety, obligating the surety to pay subcontractors, suppliers, or others providing goods or services in furtherance of a prime contract when the prime contractor fails to meet their payment obligations.

Surety bonds are written by insurance companies and provide protection to creditors in the event of a breach of contract on the part of the insured. 

The bond is an agreement between three parties: the principal, who is you or your business; the obligee, which is typically your customer or government agency requiring that you have a surety bond before allowing you to work for them; and the surety company, which must promise to pay any claims against you up to covered limits if you should fail to perform as required. Surety bonds are often required on federal contracts.

How does it work?

The Small Business Administration (SBA) guarantees up to 85% of the bond face value through a surety provider. The remaining 15% is guaranteed by your company’s credit rating and financial capacity. In other words, if a small business could not otherwise access the bond market, the SBA program gives them a better chance to get bonded by taking some of the risks out of doing business with you. 

As an added benefit, it also allows for more efficient use of federal contract dollars since payment isn’t required from the prime contractor until after goods or services have been rendered under a specific government contract. This reduces late payment delays that normally occur when traditional bonding methods. Some other advantages of this program are listed here.

Who can participate?

To participate in the SBA Surety Bond Guarantee Program, your business must have fewer than 500 employees and be majority-owned by U.S. citizens or lawfully admitted aliens residing in the United States. 

There are no geographic limitations on participation; however, if you’re outside the United States, your company must be considered an eligible legal entity under U.S. law (e.g., a corporation for profit) to apply through the SBA program; it cannot be wholly owned by non-U.S. citizens or entities, nor operated by subsidiaries of foreign companies controlled by foreign nationals (I .e., “offshore subsidiaries”). 

Additionally, you would need to meet SBA size standards for the North American Industry Classification System (NAICS) code under which your company is bidding. If you do not, your application will be denied.

What are the benefits of using this program?

Typically, the cost of surety bonding can be quite high depending on a contractor’s creditworthiness and capacity to comply with obligations under their contract. That’s where SBA-guaranteed bonds become an attractive option. 

By taking some of that risk out of doing business with you, the SBA helps small businesses compete in today’s global marketplace by giving them access to capital at more affordable rates so they can grow their businesses exponentially through federal contracts. The program makes it possible for smaller companies to have access to the same bond rates and terms as larger companies, even though they may lack a credit history or financial capacity.

With a large percentage of federal contracts going to small businesses, competition for government business is strong. Contractors that can access the bond market through this program have an advantage when bidding because they pay less in premiums for their bonds. Typically, smaller contractors spend about 8-11% of their contract revenue on bonding costs while larger contractors spend only about 5-6% of their revenue on bonding requirements. 

What are the limitations?

The SBA Surety Bond Guarantee Program was not intended to replace traditional contractor bonds. The program is designed to provide contractors with an alternative financing solution for bonding large government contracts. It does not guarantee bid or performance bonds, so this would typically require a different type of bond with your lender. 

Generally speaking, the limitations are mostly related to the size and nature of your transactions with the federal government. SBA surety bonds can only be used in connection with prime contracts valued at $3 million or more (unless you’re seeking subcontractor payments under that contract), they cannot be used in connection with commercial loans, insurance policies, etc., and they cannot be used in connection with any procurement actions involving non-appropriated funds (NAF). 

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bookmark_borderInternational Surety Bonds – Getting Bonded

surety bond - What is an International Surety Bond - hallway

What is an International Surety Bond?

An International Surety Bond is a contract between two parties: the principal and the surety. The duties and responsibilities of both parties, as well as the terms and conditions that govern the agreement, are outlined in the bond.

The role of the surety in an international bond is to protect against financial loss if their customer (the principal) fails to meet their obligations under the terms of the contract. To do this, surety agencies create a contractual relationship between themselves and their customer’s principal. In doing so, they assume one or more of three basic roles:

  • The insurer – if the agreed-upon activities result in damages that are covered by another policy, then the surety will pay the damages up to the limits outlined in the bond.
  • The guarantor – if the principal defaults and it is necessary for the surety to fulfill their obligation, they will do so at their own expense.
  • The creditor – if claims arise from an unhappy customer, they can file a suit against both the principal and the surety to recover their losses.

How does the International Surety Bond work?

The surety will work with the principal to outline the terms that define who is responsible for what, and which party is liable in the event of a liability claim against the client. The bond is issued when both parties agree upon these terms and sign off on them. Both parties must abide by these rules or they may be liable to financial damages or other consequences.

The surety’s financial strength is a significant factor in the decision to approve an international bond. Many countries require a strong, reputable company to stand behind their customers’ activities and ensure that their failings are covered for up to the entire value of the bond. 

If a principal fails to make a payment or violates another term of the contract, the surety has to fulfill this obligation at their own expense. This means they must come up with full compensation for any damages or costs involved before they can be reimbursed by the customer (known as “the principal”).

Who is eligible to get an International Surety Bond?

The applicant that is applying for an international bond must meet several requirements. They cannot have any outstanding debts to the contracting agency, they cannot have any past violations of contracts with federal agencies or had fines imposed for inappropriate activities, and either personal or corporate credit history must be clean.

Although surety bonds are often requested by private companies, federal and state governments may require them in order to protect both customers and the government from financial liability in certain situations. There are specific types of International Surety Bonds that can be issued depending upon what customer needs and their industry type:

  • International Performance Bond – obligates a company to fulfill its contractual obligations for goods or services it provides to customers around the world.
  • Tax or Revenue Bond – This type of bond is issued as a method of securing the payment of taxes, fees, and fines collected by public agencies such as state and local governments.
  • Federal Contractor’s Bond – required by federal government agencies for contractors who must put up bonds to show that they will complete their projects or provide services as agreed upon in the contract.

How can you get an International Surety Bond?

In order to obtain an international surety bond, the applicant must submit an application. The process for obtaining one usually involves three steps:

  • Choose a surety agency that can provide your needs and request information on the bonding process. They will schedule you for an interview where they ask questions about your company’s history, financial solvency, and the likelihood of fulfilling contractual obligations in the future.
  • When ready, they’ll conduct a review of your company’s credit history. If everything is satisfactory with their requirements, they may choose to issue you a formal proposal detailing the terms of the contract and fees associated with it. You will be expected to pay all premiums upfront when submitting this proposal. 
  • When both parties agree to the terms of the contract, the bond is issued and you are officially bonded.

How much does it cost?

The price of an international surety bond can vary based on several criteria including geographical location, industry type, credit history background, values of the contract, and how often bonds are required. 

Although bond amounts may vary, they usually top out in high six-figures if a large multinational company with positive credit requests one in order to ensure that they will fulfill their duties in accordance with the agreement.

What happens when you are denied getting an International Surety Bond?

In some cases, the surety company decides not to issue a bond after reviewing your application. In this situation there are usually four options:

  • If the surety feels that you do not have enough financial solvency or positive credit history, they may ask you to wait until these things change before submitting another proposal for consideration.
  • They can suggest alternative forms of security such as trust funds, government guarantees, and unpaid balances on existing international bonds that you hold.
  • You can negotiate a settlement with the agency involved in order to get out of the contract without being charged for defaulting on it. This means you would have to pay up all costs associated with executing the agreement along with any remaining fees from the original proposal.
  • In some cases, you can cancel the contract without incurring additional costs associated with executing it or breaking a deal with an international client or business partner.

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bookmark_borderCharacter In Contract Surety Bond Underwriting

surety bond - What are the three underwriting characteristics of bonds - outside of a building

What are the three underwriting characteristics of bonds?

For bonds to be underwritten, they must have three characteristics.

First, the bond must have a named principal. This is the person or organization responsible for fulfilling the terms of the agreement should there be a claim on the bond. Second, if possible, there should be an account number listed so that you can reference it easily when filing claims. Third, the bond must be signed by the principal.

What is a contract?

A contract is an agreement between two or more people that stipulates the rights, services, and duties of each party. Contracts are typically signed within the construction industry when building projects require financing. 

The contract usually specifies how work will be performed on the project and all parties agree to their specific responsibilities. Contracts can be explicit or implied. Manifests between carriers and shippers serve as implicit contracts.

What is a surety bond?

A surety bond acts as insurance for the project in case something goes wrong with its construction or a contracted service fails to deliver what was agreed upon. 

If a claim arises against a bond, you file a claim against the bond company instead of the person who defaulted on his or her obligations. You can usually find out said person’s identity through your account with the surety bond company should you need to file a claim.

What is the benefit of underwriting?

Underwriters will make sure that the named principal, as well as their company, are solvent and reliable, thus preventing you from having to pay out claims against your bond. The underwriter analyzes evidence provided by the contractor or business including financial statements and credit reports. 

They determine whether or not you should purchase a bond for a project based on these factors. It’s beneficial because it saves you time, energy, and money in the long run versus going through a bonding agency with little knowledge of what they’re doing.

What is a contract surety bond?

A contract surety bond is a financial instrument used to guarantee that a person or organization will fulfill the obligations set forth in a legal agreement. By acting as an intermediary, the surety company guarantees that terms of the agreement will be met by either refunding money if it has not been spent or reimbursing someone who suffers a loss because the terms of the agreement were not met.

What are some types of contracts?

Some contracts you may come across include:

  • A contract of carriage between a carrier and its customer
  • A construction contract is a document that specifies how work will be performed on a project and what each party’s responsibilities are should there be claims or other issues with regard to the said work.
  • Subcontractor agreement which details how money should issue for services provided by subcontractors. This also lists who bears responsibility for damages or deficiencies in their performance.

Contracts can be written or oral, express or implied, and standard form or unique. Examples include employment agreements, construction contracts, software licenses, and insurance policies. The Uniform Commercial Code (UCC) is usually where to look for details on types of contracts.

Are there advantages or disadvantages to using a contract surety bond?

Contract surety bonds are advantageous because they provide security and confidence between parties and can help speed up the process of getting things done by eliminating the need for long drawn-out negotiations. 

It also reduces litigation and many times reduces cost since there is an upfront agreement that acts as a contract. The primary disadvantage of using a contract surety bond is the risk assumed by the surety company, which can cause a fee to be charged in order to issue it.

What must you have in order for your company to qualify for a contract surety bond?

In order to qualify, the following items must be in order:

  1. The company must have a license allowing it to issue such bonds.
  2. It must meet financial requirements and provide reports. If an individual is applying, they will need to meet financial requirements and provide personal references and proof of experience.
  3. The bond amount should be no more than the amount of the contract.
  4. The company must agree to accept any terms and conditions from the surety company.

What is a contract surety underwriter?

A contract surety underwriter is someone who evaluates a contract and makes a decision on whether or not to write the bond. The underwriter will look at the creditworthiness of the company, require financial statements from them and evaluate their experience in similar projects.

What are some reasons why a contract may be rejected?

Reasons for rejection can include:

  1. Incomplete information provided by the company. 
  2. Not meeting required financial requirements. 
  3. Having too many claims filed against it recently. 
  4. Failing to meet other criteria set forth by the underwriter such as not having permanent authority to operate in certain states or not being able to provide proof of income/financial stability. 

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