Secrets of Bonding #106: Better Than a Paid Bond Claim

Performance and Payment Bonds are required on contracts so a claim can be filed if there are problems.  There could be unpaid bills from suppliers of labor or material.  Workmanship and / or materials could be faulty. The contract terms may have been violated.  There are many things that can go wrong, and the P&P bond is the safety net.money5

Making a bond claim can be technical and time consuming, but the fact remains – the surety industry pays out millions every year.  So bond claims do get paid.

Surety bonds are designed to be cheap protection for taxpayers and other project owners. The system works, which is why bonds are required on nearly all public works projects.

There is another benefit that project owners receive.  It exists on all bonded contracts even if no claim is filed.  In fact, a “no claim” project is the best example of this important effect. 

This effect begins even before the bond is issued.  What is it?  Let’s call it the “F-Factor.”

The F-Factor is the result of the structure under which P&P bonds are provided.  We called them cheap protection – they are, in relation to the exposure the surety assumes. How do bonding companies make money if they are paid little in relation to the risk they face? The answer is that they are very cautious when evaluating the contractors that apply for bonds.  Every aspect of their capabilities is considered so the surety can avoid a loss. This is the all important F-Factor:

The Filter

The surety only supports contractors that present no likelihood of claim or loss on the bonded projects.  It’s the only way a bonding company can remain profitable and survive. This filter effect means the project owner can be confident that the contractor passed the surety’s evaluation.  The bonding company’s very existence depends on filtering out the weak applicants that may falter.  A true saying among bond underwriters is that “No premium is worth a claim.”

detectiveBond underwriters are trained to evaluate all the relevant factors. They look at the company history, its financial records, banking, and credit status. Resumes are reviewed and personal bank accounts are verified.  The company, its owners and spouses are all required to promise reimbursement if they cause a bond loss (surety bonds are not insurance policies). The underwriting process is strenuous and comprehensive.

When a bonded contractor is required on a project, the owner is getting a company that has passed the test.  They have been processed by a group of analysts trained in the art of evaluating all these elements. Underwriters are expected to produce a 0% loss ratio, meaning no bond claims or losses.  Their career depends on it.  You can assume that no project owner has the ability to perform this thorough analysis the way a trained underwriter does.

So this is the F-Factor, the Filter Effect.  The screening out of less capable contractors is an automatic benefit that occurs on every bond.  In the vast majority of cases, the bonded contractor performs as expected and no claim results.  However, when the unexpected occurs and the bond kicks in, a paid claim may save the day for owners, subs and suppliers. 

Every bond is beneficial, even if no claim is made, especially if no claim is made.  The filter, the pre-qualification of contractors, is an important benefit that every project owner enjoys when a bond is required.

About Us: FIA Surety is a NJ based bonding company (carrier) that has specialized in Site, Subdivision, Bid and Performance Bonds since 1979 – we’re good at it!  Call us with your next one.

Steve Golia, Marketing Mgr.: 856-304-7348

First Indemnity of America Ins. Co.

Secret #102: Little Bonds That Bite

 “The water looks great!  Let’s go in!” 

Like nasty little fish with razor sharp teeth, there are many small surety bonds that can cause BIG problems.  Here are some to watch out for.

piranha2Appeal Bonds – Anyone can be sued.  If a judgement was rendered and you wish to appeal the decision, you will need one of these.  ALL bonding companies are reluctant to provide them.  Plan on putting up liquid collateral in an amount greater than the judgment.  The alternative: Don’t appeal the decision, pay it.

Other Court Bonds: Replevin, Injunction, Release of Lien, all can be hard to obtain.  The Release of Lien normally requires full collateral.

Fuel Tax Bond– Any bond with “Tax” in its title can be tough.  These are guaranteeing future payments.  Financial obligations are the most difficult for sureties to support.  Plan on a rigorous underwriting process with the likelihood of collateral required PLUS full indemnity.

Dealer Bonds– Used Car Dealers, Milk Dealers, are some examples.  These guarantee compliance with applicable laws and proper handling of funds.  If the applicant is a new company and lightly financed, underwriters run for cover.piranha1

Customs Bonds– There are many different kinds.  Import / Export companies may be set up to qualify for these but other firms can have trouble. A Single Entry Bond is needed to import a shipment without delay, i.e. perishable or time sensitive goods.  The applicant’s financial data must be appropriately dated, correct in form, and show adequate strength.  Not everyone is prepared for this.  If you can’t get the bond, your pomegranates may rot on the dock.

Utility Deposit Bond– Required by the power company on new commercial accounts. In the absence of demonstrated financial strength, collateral will be required.

Lost Instrument Bond  “Hillary, have you seen my saxophone?”

Actually, these concern lost or destroyed FINANCIAL instruments such as a check or security.  These bonds have a long term, only one premium is normally collected, and they can be the subject of fraud.  Sureties are “not fond of them.”piranha3

Bid Bonds– Their dollar value may be low – resulting in the expectation that they are easily obtained. Wrong! The underwriting is based on the potential Contract Amount which may be five or ten times larger.  The process can be difficult if the company is young or financial strength / credit is lacking.

Wage and Welfare Bonds-These are needed when contractors set up relations with a labor union.  For underwriters, this is the least desirable part of the account.  A company that can get a $250,000 performance bond may find that the same surety requires full collateral for a $20,000 labor union bond.  Ugh!

Solution
The fact is, there are many nasty little surety bonds.  They can disrupt a company and its relationships when they are hard to obtain.  Failure to get them can be fatal!  These small bonds can have a big impact.

The best step is to deal with an expert in handling such transactions.  Go to a bonding pro for advice and market access.  Specialists often know how to resolve these problems.

FIA Surety is a NJ based bonding company (carrier) that has specialized in Site, Subdivision, Bid and Performance Bonds since 1979 – we’re good at it!  Call us with your next one.

Steve Golia, Marketing Mgr.: 856-304-7348

First Indemnity of America Ins. Co.

Secret #99: The Awful Truth About Working Capital

“Gotta have it.  Really need it.”  Click for mood music

  • Surety Bond underwriters DEMAND it. 
  • Contractors maneuver to maximize it. 
  • Bond agents pray for it…

What is Working Capital, and what is the awful truth that everyone ignores?

Define the term
When contractors apply for bonding, the company financial statement is analyzed by the surety underwriters.  They always calculate the Working Capital As Allowed on the Balance Sheet, which is simply:

Current Assets minus Current Liabilities

This number is also subject to interpretation by the analyst.  For example, they may disallow assets they feel are overstated or of questionable value – thus the title “As Allowed.”

The working capital figure is then compared to the size bonds and aggregate (overall) program the contractor desires.  Here is the important part:

For many bonding companies, if the WCAA is deemed insufficient, there is an immediate declination.

It’s true that “everything is important” in surety underwriting.  But it is also true that this is a life or death issue for many decision-makers.  Specifically, the fiscal year-end Working Capital As Allowed must be adequate for the capacity requested.  And that isn’t the awful part…

Underwriters focus their decision-making on the fiscal year-end (FYE) of the company, tax day.  For many contractors, this day is 12/31 each year.  This is a natural and convenient annual milestone that is presumed to be realistic and conservative.  Underwriters don’t want puffed up numbers designed to impress them.  That makes good sense.

Awful Truth #1
The Working Capital calculation is only accurate for ONE DAY.  If the company spends cash on January 1st, bills a contract, incurs an invoice, the WC is immediately different.

Awful Truth #2
The WC calculation is always based on obsolete info. When does the 12/31 statement get produced?  Maybe February, but more likely March, April or later.  This GUARANTEES that the WC calculation is always based on old, outdated info.

Awful Truth #3
Considering the great emphasis placed on the importance of fiscal year-end numbers, interim financial statements (produced on other days in the year), are largely ignored by underwriters.  This means if the company has a good mid year results they may be overlooked – however a downturn is always taken into consideration!

Conclusion
rainbowLike an elusive pot of gold, the WCAA underwriters depend on may never materialize as actual cash flow.  But another “truth” is that underwriters must base their decisions on something, and historically this has been a relevant indicator of future success.  Despite the often overlooked flaws we cited, Working Capital analysis will remain part of surety underwriting.

We keep the relative value of this indicator in perspective, and realize that interim statements and other underwriting elements should also play an important role.

About us: FIA Surety is a NJ based bonding company (carrier) that has specialized in Site, Subdivision, Bid and Performance Bonds since 1979 – we’re good at it!  Call us with your next one.

Steve Golia, Marketing Mgr.: 856-304-7348

First Indemnity of America Ins. Co.

Secret #98: The Great Rate Race – Bonding

Some years ago we met with a contractor and the conversation turned to Surety Bond Rates.  He had just become aware of different (lower) rates that were available from bonding companies.  He was clearly upset: “Do you know how many jobs I have lost over the years by a small margin?!”  Of course I didn’t…  The point was that he felt his bond rate caused him to lose opportunities.

GREAT RACE, JACK LEMMON PETER FALK 1965

Surely every expense and cost element is important when a contractor is pursuing “low bid” work.  The practice in the U.S. is for public bodies like federal, state and local municipalities to award work to the lowest responsible (meaning appropriately qualified) bidder.  Read this as “low dollar.”  It is a tough, competitive environment where margins are usually quite thin or zero!

The contractor’s ability to acquire new work is often linked directly to their control of all expenses, including the bond cost.  However the importance of the Rate Race may be overstated. 

Here are two important factors that are often overlooked:

  1. Assume the contractor is with Surety A, and Surety B has lower rates. There is no point in comparing the two if Surety B will not agree to bond this account.
  2. The contractor must remember, the extent of their discontent must be the difference between their current surety bond rate and another rate that is available to them. Example: Currently pays 2.5%, has an opportunity to pay 2%.  The discontent is over the rate difference: .5%, not 2.5%!

The first “Aha moment” is when the contractor realizes that every bidder is paying for a bond.  And the difference between the rates is usually quite small, not a significant factor in the outcome of the bid.

The second Aha comes from the realization that, when it comes to bonding companies, contractors may find CAPACITY is a much more important issue.

Contractors are restricted in the amount of work they can acquire.  The bonding company has a certain comfort level, and will withhold their support if the contractor acquires more projects than they feel is prudent.  The concern is that the contractor may become overextended and ultimately fail.  Think about this: Do the rates matter if the surety will not issue the bond?

Conclusion: We agree that bond rates, like all cost elements, must be monitored and controlled.  However, when selecting a surety and managing the relationship, the contractor may conclude that capacity is king and rate is secondary.

FIA Surety is a NJ based bonding company (carrier) that has specialized in Site, Subdivision, Bid and Performance Bonds since 1979 – we’re good at it!  Call us with your next one.

Steve Golia, Marketing Mgr.: 856-304-7348

First Indemnity of America Ins. Co.

Secret #96: Bullies, Banks & Bonding Companies

Growing up I was a tall kid, one of the tallest in my class.  I was taught “don’t get into fights,” sobully sometimes I became a target for shorter, older kids who wanted to push around a big guy.

Now that we’re all grown up, I’m glad to say that’s all behind us… or is it?

Construction companies contractor may feel bullied sometimes, by VENDORS who purport to serve them.  One of them could be the banker.

Banking Relations for Construction Companies
Working capital is important for contractors, especially when starting up a new project.  They may have to work for 45 days or more paying for labor and materials before they receive their first payment under the contract. Bank credit can be a perfect solution for this.

A new contract is an asset for the company, and the bank can rely on this when lending money.  But what happens when the contractor brings the bank a bonded project?  They will refuse to lend against that job!  Their position is that the rights of the surety conflict with their own.

Bonding Relations for Construction Companies
More bullies: Now look at the surety side.  When applying for bonding support, the underwriters ALWAYS ask about banking relations:

  • “Do you have a working capital line?”
  • “How much of it is currently available?”
  • “We want you to have a bank line.  It can help you get through a problem and prevent a bond claim.”
  • “If you are approved by the bank, it helps assure us that you also deserve bonding credit.”

Feel bullied?  No wonder!

The reality is that construction companies may need both bank and surety support.  In order to pursue public work (municipalities, state and federal contracts), surety bonds are mandatory. The surety wants you to have a bank, but the bank doesn’t want to support bonded projects. You can’t win!

The solution is for the contractor to avoid “project specific” lending and seek a general working capital line that can be used at their discretion on any new contract. That’s how to push back on bullies.

FIA Surety is a NJ based bonding company (carrier) that has specialized in Site, Subdivision, Bid and Performance Bonds since 1979 – we’re good at it!  Call us with your next one.

Steve Golia, Marketing Mgr.: 856-304-7348

First Indemnity of America Ins. Co.

Secret #82: Who’s On First? Understand Surety Bonding Terms

The world of surety bonding may seem mysterious and complex. Let’s face it, it’s not like insurance. It’s actually more similar to banking. No wonder the subject is not well understood by the very people who need to know.

abbott-and-costelloIn this article we will cover some of the basics such as who the parties are and what they do so the subject does not seem so foreign.

Who is the “insured”?  The insured is the party buying insurance. Therefore, in bonding there is no insured, instead there is a “principal.”  This is the party whose actions the bond concerns.   If a construction company needs a bond, it is the principal, the bond applicant.

The intermediary who assists the contractor may be a bond producer, a bonding agent, or an insurance agent. In every case, the person is licensed by the state to process surety bond transactions.

The firm the agent works for is called an insurance agency or bonding agency. This entity provides the channel between the principal (bond applicant) and the surety, the bonding company, the provider of the bond and party holding the risk.

In the world of bonding, the term “company” is used to describe the bonding company. The agent and the agency would not be referred to as “the company” even if the name of the firm was the ABC Local Insurance Company Inc.

A reference to “the paper” relates to the bonding company.  “Whose paper is the agency using?” means “Who is the bonding company?”

Since the bonding company holds the exposure on the bond, it is their employee who makes the decision to approve or decline it.  This person is called a surety underwriter or bond underwriter.

It is true that insurance agencies may employ individuals with underwriting expertise, and their title may be “underwriter.” They may even have some decision-making authority that has been delegated to them by the bonding company (referred to as “having the pen.”)  But the fact remains that the the bonding company is responsible for the underwriting decisions.

When a contractor is asked “Who is your bonding company?” sometimes they give the name of their bonding agency. Now you know the difference!

Other areas of confusion: The owner of the construction company is not the applicant for bid and performance bonds. In the eyes of the surety, the construction company is the primary applicant because that is the name on the bonds.  The underwriting process is primarily focused on the company, its history and capabilities. The personal factors surrounding the business owner are considered secondarily.

We cannot overstate the importance of our bonding agent. The agent plays a critical role in gathering, shaping, and presenting the file for review by the underwriter – and they guide the process forward as bonds are needed. 

OK, now it’s time for one of our famous Pop Quizzes!  Choose the most appropriate word in each case:

  1. When Elmer the contractor realized he would need a bond, he got right on the phone and called his (Principal / Agent).
  2. Morty the underwriter had a few more questions and sent them to the (Surety / Bond Producer).
  3. The (Surety / Bonding Agency) was not willing to hold any additional risk on the account.
  4. Surety bonds (are / are not) insurance policies.
  5. LaFawnduh, the (Underwriter / Agent), knew it was time to arrange for a new surety.
  6. Thor, the Bonding Specialist, only used quality (Pens / Paper).

7. Bonus Question (Extra credit!): When all else failed, Moonbeam knew it was time to file a bond claim with the (Carrier / Insured).

Answers:

  1. Agent
  2. Bond Producer
  3. Surety
  4. are not
  5. Agent
  6. Paper
  7. Carrier

FIA is a bonding company (carrier) that has served contractors and their agents since 1979.  We are flexible and creative surety bond experts.  Call us for Bid and Performance Bonds.

Call us for Site and Subdivision Bonds – our specialty!

Steve Golia, Marketing Mgr.  856-304-7348

FIA Surety / First Indemnity of America Insurance Company, Morris Plains, NJ

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Secret #81: The Path to Profitable Contracts

Profits.  Is there anything more important for the success of a company?

path_to_riches This critical factor determines if bills can be paid, if growth is achieved – it is the very essence of survivability.

Ask any business owner and they’ll tell you they make every effort to protect their profit margin.  They are careful about choosing the right contracts, vendors, and employees.  When construction companies pursue competitively bid projects (municipal, state and federal), they meticulously calculate the cost estimate to assure a healthy profit upon completion.

For many firms, competitively bid work is their bread and butter. The plain truth is that such jobs are difficult to win.  All the proposers want the revenues but only the lowest bidder wins. The others get nothing for their effort. In this lean and mean environment, contractors must calculate the minimum profit that is sustainable for their firm.  With so much at stake, good management practices require a diligent effort to protect the company’s financial interests.

Everything we’ve said so far probably seems obvious.  No one would dispute the importance of protecting the life blood of a company’s future. However, over the course of our years bonding contractors, the reality may be slightly different…

Fallacy #1: “If I bid it right, the job will be successful.”  This seems like a good strategy.  But what’s wrong with it?

The problem is that a project estimate is just that, an estimate. The contractor may be confident that all labor and material costs are correct. The company may have successfully completed similar projects. But unpredictable factors such as weather, variances in productivity and outside factors like a subcontractor’s performance can all contribute to the financial success or failure of the job.

Fallacy #2: “If the architect approves my monthly pay requisitions, the job must be on track.”

This fails to consider that the architect is the owner’s representative. The architect wants a completed project even if there is no profit left for the contractor!  It is not the architect’s (or project owner’s) job to protect the contractor from taking a beating.

Fallacy #3: “When I get to the end of the project that’s when I find out about the profits.”

The problem here is the lack of oversight during the life of the job, when the outcome may still be managed.

Bonding companies intend to support well-managed, financially successful construction firms. One very important element is the analysis and management of incomplete contracts.  This process must be performed during the life of the projects.

To be successful, this oversight process depends on three elements:

  1. The accumulation of project specific cost data (labor and material utilized).
  2. The data must be analyzed with sufficient frequency (such as monthly).
  3. The remaining “Costs-to-Complete” must be periodically re-estimated based on actual contract performance.  This means not relying on the accuracy of the original project estimate but instead reviewing the actual labor and material cost experience.  When this is compared to the original estimate, enlightened predictions can be made regarding the ultimate profitability.

By following these three steps, construction companies can effectively predict their revised profit estimate and manage open contracts during their life – while there is still time to affect the outcome.

We can say with certainty, all well-managed construction companies utilize such procedures.  Equally, all surety underwriters expect to see this management approach and can readily detect if it is not being utilized.

Contractors must use these procedures to protect profitability and assure their future success.

Want this expertise and creativity on your next Bid or Performance Bond? FIA Surety is a NJ based bonding company that can help! We have specialized in Bid, Performance, Site and Subdivision Bonds since 1979.

Steve Golia is Marketing Manager for FIA Surety.  Call Steve now: 856-304-7348

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Secret #80: Substitute Final Bonds

Secret # 22 covered the bonding of started projects.  Secret # 73 is about Substitute Bid Bonds. In this article we will look at cases where the contract was already secured with a surety or cash bond, but a new bond is under consideration.

Consider a number of scenarios:

  1. We are currently working on a case where a client put up full collateral (cash bond) because they did not have a bonding relationship. They contacted us to provide a surety bond that will enable them to recover their cash.
  2. A bonded project could unexpectedly require a replacement bond if the original is nullified by legal or administrative action. (This has happened!)
  3. Similarly, an otherwise valid bond may be deemed unacceptable if the surety’s A. M. Best rating drops below the obligee’s requirement.
  4. We have seen cases where a contractor wishes to voluntarily replace a bond because their new surety offers significantly better terms. (Only advantageous under certain circumstances, such as? Answer below. *)

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These are all legitimate reasons to issue a performance and payment bond on a project that is underway – and already bonded. So how does the underwriter approach these opportunities?  How can the contractor and agent prepare for this process?

The first question for the underwriters is whether they are subjected to adverse selection.  There could be physical or financial problems on the project that make a bond claim likely.  A thorough investigation will ensue.

Assuming there is no adverse selection, the underwriter’s first task is to determine the status of the project.

  1. How far along is the work?
  2. Has it been performed correctly and to the obligee’s satisfaction?
  3. Is the contractor up to date paying for labor and materials?
  4. Is the job on schedule?
  5. Does the project owner know of any disputes, delays or problems of any kind?

Will the obligee go on record stating that so far, everything is OK? The underwriter will require such a letter in order to proceed.

Typically, when the new bond is issued, it will cover the entire project back to inception.  If the original contract is the subject of the new bond, it will cover the entire dollar amount of the project including the completed portion.  As a result, the contractor may have to pay two bond fees.

The only way to avoid this is to draw up a new contract for just the remaining work.  In most cases, this is not an option.

It may seem that bonding a partially completed project is attractive. After all, part of the risk has been eliminated! In reality, due to the fact that all aspects of the completed work are guaranteed by the new bond including the prior materials and workmanship, the new underwriter faces nearly the entire risk.

When you add the possibility that the underwriter may be subjected to adverse selection, most sureties are cautious when issuing a substitute final bond.

* The timing must be right. If the purpose of filing a replacement bond is to pay a lower bond fee, the greatest advantage is at the beginning of the contract when a full refund may be provided by the incumbent carrier.

FIA Surety is a NJ based bonding company (carrier) that has specialized in Site, Subdivision, Bid and Performance Bonds since 1979 – we’re good at it!  Call us with your next one.

Steve Golia, Marketing Mgr.: 856-304-7348

First Indemnity of America Ins. Co.

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Secrets of Bonding #78: The Single Most Important Key to Obtain Bonding

Underwriter: “Tell me about your job cost records.”
Contractor: “I’ve been doing this for so long, I know just where I am on every job! I keep it all up here.” (Pointing to head.)

Underwriter: “Do you produce mid-year financial statements to track your progress?”
Contractor: “No, I have a bookkeeper do my taxes at the end of the year. That’s when I find out how I did.”

Underwriter: “Have you been profitable the last few years?”
Contractor: “Sure, but why give it all to the government? I bonus out the earnings to keep my taxes low.”

This is not an atypical conversation. Is this contractor a good applicant for Bid and Performance Bonds? Will the company be able to qualify? Mmm… Probably not! Let’s look at the decision making process used by bond underwriters to understand why.

You know the normal routine.  Many pieces of information are required:  Questionnaire, financial statements on the company and owners, resumes, a bank reference letter, work in process schedules, tax returns, etc. Why do bonding companies ask for all this? The info is needed to reveal where the company has been, the current status, and where it’s headed. This evaluation will determine if the company is approved for bonds.

All bonding companies are looking for successful, well-managed firms that require bonding in their normal course of business.  Remember: All sureties are risk averse. They are not looking for desperate contractors who need a bonding company to rescue them from impending failure. Sureties are “for profit” operations that issue bonds for the sole purpose of making money.

Now that we understand the underwriter’s viewpoint, think about that opening dialogue. Did the company appear to be successful, well-managed and headed in the right direction? Would the answers make you confident to back them with your money?

The simple fact is that regardless of how financially successful business owners may be, if their companies do not appear to be successful in the eyes of third-party analysts, bonds will not be forthcoming.

The contractor who carries the books in his head, takes out all the profits, and has a minimal financial presentation does not have a means of proving the company is viable to outsiders.  The single most important key to obtaining bonding is for the company to demonstrate a level of success and good management. Contractors who have not been successful and those who cannot prove their strengths will have great difficulty obtaining bonds.

The guidance we provide to specific contractors depends on each applicant’s circumstances. The company may need to develop better management practices or accounting methods. Some need to build up their track record of completed projects.

For companies that have never been bonded, the simple answer is that they must demonstrate that they have operated profitably/successfully on non-public work. This is the critical steppingstone to bonded work.

Surety agents make money by delivering bonds to contractors. They will always attempt to provide bonding even if applicants are minimally qualified.  However, all bond agents know that the best applicants are companies that have thrived on private work and now wish to pursue public contracts. These firms can show elements of success that bonding companies expect to see.

The essence of qualifying for bonds is to demonstrate the past success, solid management and future business plans that make surety underwriters enthusiastic supporters of the firm.

FIA Surety is a NJ based bonding company (carrier) that has specialized in Site, Subdivision, Bid and Performance Bonds since 1979 – we’re good at it!  Call us with your next one.

Steve Golia, Marketing Mgr.: 856-304-7348

First Indemnity of America Ins. Co.

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Secrets of Bonding #77: Fire, the Wheel, Surety Bond Rates

These were among caveman’s greatest inventions.  But unfortunately, bond rates have changed little since the Paleolithic Era!

That may be a slight exaggeration, but it is true that bond rates and rating methods are not revised often.  Here are some of the peculiarities worth knowing, primarily in the area of contract surety:

  1. All sureties are entitled to charge for bid bonds, but most do not.
  2. They may charge for performance bonds in advance, but many wait 45 days for payment even though the instrument is uncancellable.
  3. A performance and payment bond costs the same as just a performance bond.
  4. A 100% performance and 100% payment bond costs the same as a 100% performance and 50% payment bond.
  5. A maintenance bond may be cheaper if the same surety preceded it with a performance bond.
  6. A 20% performance bond may cost the same as a 100% bond even though the surety has 1/5th as much exposure.
  7. In cases where a bid bond or surety consent letter is required, but then the work is awarded without requiring a final bond, the surety is entitled to make a charge for the unissued performance bond.

Now here is my favorite crazy bond rule.

Situation: You have a $1,000,000 private contract on which a P&P bond is optional.  The project owner asks the contractor to price an “alternate” to include a bond.

Let’s say the bond rate is 2% of the contract amount. So what is the bond price?

  1. $20,000
  2. $40,000
  3. $20,400
  4. $40,200

I know you love #1. It just looks so right.

But alas, that is not the answer, which is why this wins the wacky award!

#3. is the correct answer. The reason is that the bond fee is actually calculated on itself.  When determining the bond fee, it is not correct to remove the bond cost from the contract amount.  Like the cost of insurance and all costs related to the project, the bond cost is included in the contract amount.

Therefore, the correct basis for the calculation is $1,020,000 x 2% = $20,400.

Q. So what about the additional $400? Should the calculation actually be $1,020,400 x 2%? (Then, wouldn’t you have to recalculate it again, and again, and again…)

Q. And who pays the extra $400? It’s not in the $1,020,000 contract amount.

A. Beats me. You better ask that Neanderthal in the corner office!

FIA Surety is a NJ based bonding company (carrier) that has specialized in Site and Subdivision Bonds since 1979 – we’re good at it!  Call us with your next one, Bid and Performance bonds, too.

Steve Golia: 856-304-7348
First Indemnity of America Ins. Co.

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