corporate surety

Secrets of Bonding #73: Substitute Bid Bonds

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substitute teacher

Remember how much fun it was to have a substitute teacher? Well, this is a little less exciting…

In Secret #49 we talked about bidding with a check.  This is a related topic. Substitute bid bonds are an odd part of what we do as surety professionals.  Here’s how you may run into one.

It is common for project specifications to offer a number of methods to provide the bid security that accompanies a contractors project proposal.  The options may include a check made out to the obligee, or a bid bond.

A substitute bid bond may be issued after bid security has already been given with the contractor’s proposal.  This bid bond will replace, or be substituted for the existing security – thus the name.

This may arise when the contractor has no surety at the time of the bid.  They bid with a check.  Now, with a surety in place, their first request is “How about helping us get our cash back?  It’s tied up with that bid.”

What a great way to start off by helping the new client. However, sureties are not always in favor of issuing these, and some refuse to do so under any circumstances.  Why?!

1. Bid Spread: In this case, the contractor is the low bidder, but they are too low. (Read Secret #16 to learn about unacceptable bid spreads.) The contractor may be in line for the project, but the surety does not want to issue the performance bond (aka final bond).  If the bonding company provides the substitute bid bond, they become obligated to issue the final bond or face a bid bond claim (two bad options!) “Sorry, we are not able to provide a substitute bid bond for that project.”

The fallout is that the contractor may blame the surety when they lose their bid security for failing to deliver the final bond. They will also lose the expected income from the project – pretty ugly.

2. Final Bond Optional: The specs may indicate that a Performance & Payment bond is not mandatory. It is optional at the obligee’s discretion. This amounts to adverse selection against the surety.  If the obligee thinks the contractor looks capable: No bond.  If there is some doubt about their ability to perform or the adequacy of the price, better pass the risk over to the bonding company.

For this reason, substitute bid bonds may be declined if a final bond is not mandatory.  Remember, final bonds are where sureties make their money.  Bid bonds are usually free.  The contractor will not lose anything as a result of the refusal to issue the substitute and they are already eligible to win the contract.

3. Not Low Bidder: This is similar to Number 2. Here the contractor is second or third bidder. The common practice is for obligees to hold the bid security of the second and third bidders in case they need to give them the project (maybe the low bidder can’t get their final bond issued?) The bid checks could be held for months!

From the surety’s perspective there is no question about the adequacy of the second or third bidder’s number.  This may be a well-priced contract. The problem is that they are unlikely to issue a final bond.  (Projects are rarely awarded to the second or third bidders.) This has even less chance of making money for them than a normal bid bond request.

To the contractor, a substitute bid bond may seem like a great idea. For the surety, the only desirable situation is when their client is low bidder with an acceptable bid spread and a mandatory final bond. Absent that, don’t be surprised if the surety only wants to get involved after the contract award takes place and the final bond is needed.

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FIA Surety is your go-to market for Site & Subdivision bonds.

FIA Surety / First Indemnity of America Insurance Company
2740 Rt. 10 West, Suite 205
Morris Plains, NJ 07950
Office: 973-541-3417
Visit us: www.fiasurety.com
We are currently licensed in: NJ, PA, DE, MD, VA, NC, SC, WV, TN,  FL, GA, AL, OK, TX

Secrets of Bonding #71: The Best Way to Avoid Low Profits

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In this edition of Secrets we will continue a discussion that began in #70 which covered “Labor, Contracts, and Labor Contracts.”  Last time we concluded by describing a project with unusual characteristics:

Materials: 40%     Labor: 60%     Overhead/Profit: 0%

These percentages describe a job that is predicted to yeild no profit. Why would a contractor bid this way? Some possible reasons:

  • Maintain labor force – The project will enable them to keep their valuable / long term employees working
  • The revenues and cash flow will help with creditors
  • There are design deficiencies that will result in profitable addendums to the contract
  • Protect their relationship with a repeat customer (keep out competition)
  • With the job in hand, additional profits can be squeezed out of the subcontractors and vendors

While these strategies (or others) could make sense to the contractor, it is likely the bond underwriters will be reluctant to support the project.  Why?

Remember, if a default occurs, the surety may be required to step in and complete the project.  Their primary financial resource will be the remaining (not yet paid out) contract funds. If the project was estimated with a 0% profit, it would be easy for increased costs or inefficiencies to result in a losing job – which means the surety would be forced to add funds in order to reach completion of the project.

Contract estimates are just that: Estimates or Guestimates.  A job projected to produce a 10% profit may actually end up at 11% or 9% or Zero! Faced with this uncertainty, and the unavoidable responsibility to finish the work, a 0% profit projection may be too much risk for the surety.

The best way for contractors to avoid low profits is to not accept underpriced work.  Whatever benefits they might perceive, the risks are a huge burden. Construction work is a challenge under the best of circumstances.

Starting with the expectation that you are on the verge of a loss only adds to the exposure faced by contractors and their bonding companies.

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.

Don’t miss our next exciting surety article: “Follow” this blog in the top right hand corner.

Secrets of Bonding #67: Get to Know FedBizOpps

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“FedBizOpps” or www.FBO.gov, is a federal website presented by the General Services administration. It is officially described as a “web-based portal which allows vendors to review Federal Business Opportunities.”

This site can be a great help to bonding agents and is a critical resource for contractors pursuing federal work.  Open another browser while you read this and and connect to the site.  We’ll go through the highlights.

The main purpose of this site is to connect contractors with upcoming federal projects.  Let’s try the Quick Search on the front page.  For Type select Presolicitation. For Keyword enter Janitorial, then press Search. A list of upcoming janitorial projects appears. They are all available for bidding!

Do another search using Place of Performance: Alaska. For Keyword, enter “snowmachines” then click Search.  This should take you to a page showing an Air force contract award for $35,500. Here you see the details of a company that successfully acquired a contract.

FedBizOpps provides all the federal contract activity centralized in one web site.  What a great resource!

How to get involved

Contractors are considered “vendors” to the government, so step one is to follow the Vendor / Citizen registration link near the bottom of the front page.

After you register and classify your business, you are ready to perform a contract search. Log in to the site if necessary, and do a Quick Search under My FBO. Use Presolicitation and Janitorial again.

My search resulted in a list of 25 contracts. If you click on the first one it immediately shows you the nature and location of the work, the response date and other key details.  If you wish to pursue this contract, additional information is provided.  When you click Add Me To Interested Vendors, your company info is immediately included under the third tab “Interested Vendor List.”  This entitles you to automatic updates that will arrive in your email.  You will be advised as this opportunity moves through various stages resulting in an award.

When listed as an Interested Vendor, you may find that suppliers and other companies will contact you.  They may offer to assist in your solicitation effort or be your supplier if you win.

As a prospective bidder, you will also see who you are bidding against.  Good stuff!

Saved Searches

Here is an excellent feature of the site. Under My FBO, follow Search and Create Saved Searches. You can use very specific parameters.  After you run the search, choose Save Search Agent. At the bottom follow Save and Schedule Search Agent.  You can instruct the site to run this search every day and email you the results!  You can also set up any number of additional searches you may desire.

There is always a button near the top for the User Guide, which is a very helpful “FedBizOpps for Dummies” type resource.

For Bond Agents, the site provides the names and contact info of federal contractors.  Other vendors and suppliers use the site for the same purpose.

If you have an interest in federal contracts, get to know FedBizOpps!  Make it work for you every day.

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.

Don’t miss our next exciting surety article: “Follow” this blog in the top right hand corner.

Secrets of Bonding #55: (2 of 4) Work In Process Schedules – Own Them!

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Finding the Degree of Completion

When analyzing the financial condition of construction companies, the Work in Process schedule is always a required item.

Much of this evaluation keys into the degree or percentage of completion of each project. When you read a WIP schedule there may be no column heading for this number, but it is easy to calculate. Noteworthy: There are some inaccurate ways to determine this percentage, so you will want to figure it yourself in any event.

Formula to find the % of Completion:
Divide the Costs Incurred to Date into the Total Costs to Complete. The percentage of the total costs that have been incurred so far is the degree of completion for that project. If the Total Costs to Complete are not shown, you may need to add the Costs Incurred to Date to the Remaining Costs in order to find the Total Costs. The degree of completion is based on a cost analysis because until you incur your last cost, you are not finished – regardless of the status of the billings.bookkeeper2

Common misconceptions about the % of completion:

1. The % of completion is based on the degree of Billings. (No, it is based on an analysis of the costs.)
2. It is always based on the original contract amount. (No, the Current Revised contract amount is used if a plus or minus change occurred.)
3. It is based on the original estimate of total costs. (Incorrect, the Current Revised Estimate of Total Costs is always used.)

With all this in mind, what is the degree of completion on this contract?

Contract Price / Original % GP /      Billed    / Costs to Date / Remaining Costs
$1,100,000     /          10%          /$550,000 /  $350,000     /    $700,000

Raise your hand if you got 50%.

OK, that’s wrong… The typical short WIP schedule doesn’t show everything. It may not give you the Current Estimate of TOTAL Costs. First, you must find that.

So $350,000 + $700,000 = $1,050,000 Current Estimate of Total Costs

350,000 / 1,050,000 = .333 or 33.3% Did I hear someone say “Why didn’t I pay more attention in math class?!”

So the project is 33% complete based on the portion of the total costs that have been incurred so far.

Knowing the percentage of completion is important for a number of reasons. From a project management viewpoint, it is normal for the contractor to establish a projected timetable to assure on-time completion of the project. By periodically reviewing the degree of completion, the project manager can confirm they are on track. There may be financial rewards for early completion or a punishment, “liquidated damages,” if they’re late.

There are other important uses for the % of completion. We’ll go over them in the next segment… with the haunting title: “3 of 4!”

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 #54: (1 of 4) Work In Process Schedules – Own Them!

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Short Form WIP Schedules 

In the next few articles we will explore a somewhat complicated and often misunderstood element of the contractors file, the Work In Process or “WIP” schedule (also known as Work On Hand “WOH”).

Why is the WIP schedule important?

bookkeeper1

For Contractors
The WIP schedule is a critically important project management tool, or at least it should be.Contractors use this info to increase revenues and profits.
For Sureties
Underwriters use this form to manage the account and help avoid claims and losses.
For Agents
As the intermediary, the agent must appreciate both points of view and be the facilitator who creates the “win-win” strategy.

Before we explore the details of this subject, let’s review some of the key terms that are used.  For the purpose of this article, we are focusing on a “Short Form WIP schedule.”  There is a long version of the document (more columns of info) that may be too complicated for many contractors to complete without professional assistance.  Since you are likely to see the short form, that’s what we’ll discuss.

The following terms commonly appear on WIP schedules and on company financial statements.  There is a row of column headings across the top.  Download a blank form: FIA Surety WIP Sched. Let’s go over them:

  • Project Name: This is the name of each individual contract
  • Start Date: Date the contract commenced
  • Original/Revised Completion Date: This is the completion date required in the contract, or as subsequently changed by contract amendment.
  • On Time Completion Expected?
  • Bonded?
  • Current/Revised Contract Price: It is not uncommon for the contract price to be changed after the work has commenced.
  • Original Gross Profit Percentage: This ties into the performance bond request form.  In order to facilitate analysis of the contract going forward, this number must be expressed as a %, not a dollar amount.
  • Billed to Date (including retainage): This is the sum of all the amounts invoiced to the project owner (bond obligee) by the contractor.
  • Cost to Date (including approved change orders): These are labor and material costs incurred by the contractor in the performance of the project.  They are “direct costs” exclusively, and do not include any expenses considered Overhead.
  • Revised Remaining Costs to Complete: Current reevaluation of the project costs based on the current / revised contract price. This is a revised cost estimate for only the incomplete portion of the project.

From surety to surety, you will find slight variations in the column headings on a Short Form WIP.  For a more complete analysis, additional columns are needed.  When viewing a WIP schedule prepared by a CPA, you may see the longer version which we will discuss later in this series.

An Analytic Tool

Let’s talk about the nature of this document.  Like all businesses, construction companies are in business to generate revenues and produce a “bottom line” profit for the company owners (meaning after all expenses have been paid).

Construction companies engage in individual contracts or projects, and are paid periodically during the progression of the work.

These payments are normally monthly and are a result of an invoice, or “monthly requisition,” the contractor gives to the project owner for work completed in the preceding period. When the requisition is owed or outstanding, it is an asset on the Balance Sheet called accounts receivable (meaning it is billed but the funds have not come in.)  The dollars become part of revenues or sales (top line of Profit and Loss Statement) when the dollars are received.

The construction industry is highly competitive and often contractors must bid to acquire projects, and only win them if their prices are the lowest.  This means for many contractors, margins are thin.

From a management perspective, construction companies must know if their projects are proceeding as expected.  They need to monitor the progress to assure that the work goes as planned and yields the profit expected.  Contractors must be vigilant to protect the success of the project, and avoid unprofitable contracts that drain funds from the company. The WIP schedule is the document that shows the current status of all open (incomplete) contracts, including their past and future projected financial results.

Keep in mind that financial statements (FSs) of a construction company may be prepared on one or two set dates every year (such as 12/31 and 6/30, etc.,) but they  perform contracts all year – meaning that on 12/31, some projects are partially incomplete.  In order for the financial presentation to include everything worth knowing, there must be a way to show these open jobs. That is the relevance of the WIP schedule for bond underwriters and other grantors of credit.

In number 2 of this series we will go over some of the info that is revealed on the short form WIP schedule.  You’ll agree, this document is absolutely essential!

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 #53: Funds Control vs. Tripartite Agreements

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You may have heard these terms used in connection with Performance and Payment Bonds.  The concepts are similar in some ways, but have different purposes.  Let’s talk about them and how they can help you as a surety bond producer.

Funds Control

Also called Funds Administration or Escrow, it is a procedure that always originates at the request of the surety.  The contractor applying for the bond (the Principal) is receiving a “conditional” approval.  The underwriters are confident there is sufficient expertise, labor, equipment, etc. to perform the bonded contract, but the contractor has some financial issues.  The underwriter is willing to bond the performance obligation, but has reservations regarding the handling of money and payment of bills (the Payment Bond exposure).  Funds Control can provide a level of protection for the surety by taking the money handling responsibilities away from the contractor.

Normal contract, the project owner (Obligee on the bond), is required to pay the contract funds to the Principal.  This is usually in monthly payments, each for the work recently performed.

With Funds Control, the money handling is taken away from the contractor and moved to a party chosen by the surety and empowered by the Principal.  The surety will require that the contractor execute a letter of instructions directing the obligee to pay the Funds Administrator instead of them.  The administrator becomes the paymaster on the project paying all suppliers of labor and material, and paying the principal, too.  This procedure eliminates most of the risk of claim on the Payment Bond.   (#Why not 100%?)

There are companies that are professional Fund Administrators.  They may be well known to the surety and handle a series of contracts with them.  A dedicated bank account is opened for the contract, and checks are issued each month which are then distributed by the principal to the vendors.  In some cases, the surety may perform the Funds Administration in house.

Tripartite Agreements

This arrangement also involves the contract funds being redirected to a third party, instead of being paid to the contractor.  And similar to Funds Administration, the point is for the Tripartite Administrator to be the paymaster on the contract.

The primary difference between the concepts is that there is no bond when a Tripartite Agreement is used – it is in lieu of a P&P bond and actually only replaces the Payment Bond.

  • Funds Control is required by the surety providing the P&P bond.
  • A Tripartite Agreement is stipulated by the obligee in lieu of bond.

Review federal regulations regarding Tripartite Agreements: A tripartite escrow agreement.  http://www.acquisition.gov/far/html/Subpart%2028_1.html

“The prime contractor establishes an escrow account in a federally insured financial institution and enters into a tripartite escrow agreement with the financial institution, as escrow agent, and all of the suppliers of labor and material. The escrow agreement shall establish the terms of payment under the contract and of resolution of disputes among the parties. The Government makes payments to the contractor’s escrow account, and the escrow agent distributes the payments in accordance with the agreement, or triggers the disputes resolution procedures if required.”

This procedure may be used for contracts between $30,000 and $150,000. The Performance Bond may be waived at the contracting officer’s discretion.

Conclusion

These procedures have different implications.  Let’s examine them.

FC= Funds Control

TA= Tripartite Agreement

The Obligee:

  • FC – They are getting Payment protection and a Performance Bond. The surety will monitor the project and step in to keep things on track (and prevent a claim or default) if necessary. In the event of failure, the surety completes the project.
  • TA – Even unbondable contractors can be awarded work. A TA may be less expensive than a bond with FC. Limitation: There may be no Performance guarantee.

The Principal:

  • Both processes result in the contractor successfully obtaining the project but with no handling of the project funds.
  • TA – No need for personal or company indemnity.  No collateral for the surety. Financial reporting, legal fees and other expenses may be less.  Limitations: Federal only permits TA on small contracts.  Fails to build a track record of “performing under bond”

Subs and Suppliers:

  • Under both procedures they are paid by a professional intermediary, which may be more dependable and faster.
  • FC – They can make a claim against the Payment Bond
  • TA – Limitation: No opportunity to claim against a surety bond if they are unpaid, or not fully paid.  What is their recourse?

Agent and surety:

  • TA – No Bond!  (Beans for supper again?)
  • FC – A normal P&P Bond is issued

# If the principal fails to list any subs or suppliers during the set-up process, they will not be under the protection of the funds administrator.  However, they WILL still have the right to make a claim against the payment bond!

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 #52: “It’s Only a Maintenance Bond”

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Maintenance Bonds can be troublesome, even though you could say the risk on them is relatively low.  So what’s the deal on these?

A Maintenance Bond normally follows a Performance and Payment (P&P) Bond that guarantees a construction contract.  In many cases the Performance Bond may also cover defective materials and workmanship for some time period after acceptance of the work.  This is referred to as a maintenance period, and the bond that may specifically cover it carries the same name.

There are times when the obligee (party protected by the bond) wants two years of maintenance.  If that is longer than the performance bond provides, a separate maintenance bond is needed.  There are also cases in which no maintenance period is automatically provided by the P&P bond, so there must be a maintenance bond if the protection is desired.

Why is the Risk Relatively Low on a Maintenance Bond?

Assume “Surety A” provided a P&P bond on a contract.  They already faced the risk of the project not being performed properly.  Having now passed that exposure, it is a small step to guarantee the materials and workmanship that went into the project.  For this reason, a Maintenance Bond following a P&P Bond issued by the same surety, may be much less expensive than the related P&P Bond, and would be freely given.

Sometimes They Play Hard to Get

There are a couple of factors that can make these bonds difficult to obtain.

  • No P&P Bond – If no P&P bond was issued, the underwriter will be justifiably suspicious if a maintenance bond is requested.  Perhaps the obligee regrets not having obtained a P&P bond or was unwilling to spend the money for one.  Now they want a cheap alternative that can still cover the entire project.  Maybe they observed a suspected defect in the work and belatedly want the protection of a surety bond.
  • Different sureties – If Surety A wrote the P&P bond, Surety B will obviously ask why “A” is not also handling the maintenance bond.  Maybe “A” knows there was a problem on the contract and they want to run away from it while they can.  The only good candidate for the maintenance bond is the surety that got paid on the P&P bond.
  • Low percentage maintenance obligation – often the maintenance bond is issued for less than 100% of the contract amount.  It may be for 20%.  You have a low dollar amount, but it still covers the entire project.  This is an unappealing situation for the surety.  But it is one they will tolerate If they already reaped the benefit of issuing the P&P bond.
  • Low rates – Maintenance bond rates are normally lower than P&P bond rates because… (*why do you think?) This makes them less rewarding for the surety.
  • Difficult guarantees – Some maintenance bonds cover efficient or successful operations instead of the normal “defective materials and workmanship.”  This is a far more difficult guarantee for the surety to provide.  Many are unwilling to provide such bonds.

Solutions

The only alternative to a bond may be a “cash” type alternative such as a Standby Irrevocable Letter of Credit issued by a commercial bank. The client may not think this is a great solution, and there will be no commission for the agent, but there are not many options at this point.

One consolation is that maintenance bonds are often written for a small percentage of the contract amount.  So cash in lieu of bonds may be feasible.

Maintenance bond rates may be lower than P&P bonds because the work is already in place and has been accepted by the architect and / or owner.

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.

(Don’t miss our next exciting article.  Click the “Follow” button at the top right.)

Secrets of Bonding #51: Writing Bonds to Your Uncle

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Sam, that is…

There are lots of federal bonds.  It’s a unique corner of the surety world with special requirements and mandatory bond forms.  Here is a general overview and some specific comments on Performance Bonds for federal contracts.

With so many federal forms for specific situations there’s bound to be some strange ones: Adulterated Butter Bond, Opium Smoking Bond and the Tobacco Tube Manufacturers Strengthening Bond to name a few!

The general categories are:

  • Official Bonds covering the actions of people in office
  • Immigrant Bonds covering foreign persons in the U.S.
  • Excise Bonds cover taxation
  • Customs Bonds relating to import and export

In addition to all the various small bonds, there are the Performance and Payment Bonds which often are for millions of dollars covering contracts for construction and services. Let’s talk about these.

For construction, the federal forms are Bid Bond #24, Performance Bond #25 and Payment Bond #25A.

Some unique aspects to note:

  • If issued by a corporate surety, they must appear on the current version of Circular 570 (T-List) for an amount sufficient to cover the bond in question.  You can refer to the current list here: http://www.fms.treas.gov/c570/c570.html
  • The use of 24, 25 and 25A is mandatory on contracts offered directly by a branch of the federal government. Projects that include federal funding, but are offered by a local non-federal entity, are governed by whatever bonding requirements they designate.
  • On Bid Bonds, the “Date Bond Executed” and “Bid Date” are not required to be identical, but the execution date cannot be after the bid date.
  • Federal bids bonds are normally for 20% of the proposal amount.
  • On the #24 Bid Bond, it is not necessary to fill in a dollar amount for the penal sum of the bid bond – as long as the Percent of Bid Price (such as 20%) has been indicated.  It is also not necessary or correct for the surety to indicate their T-List limit in the Penal Sum area or in the signing area “Surety A.”  The correct dollar amount of responsibility is automatically calculated based on the proposed contract amount.  Entering a dollar figure is only necessary if the surety wishes to cap the bid bond amount by setting a maximum value.  (Refer to Secret #8.  Call if you don’t have it. (856) 304-7348.
  • On 25 and 25A, it is not necessary to enter a dollar amount in the signing area “Surety A” unless there is a co-surety on the bond.  Liability Limit in the Surety A section is not asking for the T-list amount.
  • Federal bonds are always made out to the United States of America.  They do not name the actual governmental agency.
  • In the current edition, the nature of the work is listed on the Bid Bond, but not on the Performance or Payment Bond.  Only the contract number is indicated.
  • You can download the current edition of these Standard Forms here: http://www.gsa.gov/portal/forms/type/SF  That’s important because a bond can be rejected by the C.O. if an obsolete version of SFs are used.
  • In the current edition (2004), the form 24 Bid Bond says “Pervious edition is usable.”  Which, despite the poor spelling, means older versions are OK, same with the form 25A Payment bond.  Be sure to always read the printed details on the form which indicate the expiration date and other important facts.
  • Another “Ooops!” from Uncle: There is no typable field provided on the form to enter a bond number.  You need to do this manually. “Perviously” the form was not even typable.  Small steps!

There you have it.  Federal Bond forms are different, but that doesn’t mean we can’t still be friends.

Readers please note: These posts are for your entertainment and enjoyment.  We do not assume responsibility for your correct execution of bonds, nor are we responsible to any third parties.

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.

(Don’t miss our next exciting article.  Click the “Follow” button at the top right.)

Secrets of Bonding #46: Turn IRON into GOLD

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When contractors apply for Performance Bonds, the underwriting review always includes a financial analysis along with other elements.

Two key components of the financial analysis are Working Capital (WC) and Net Worth (NW).  WC is a measure of short term financial strength.  NW is the ultimate value of the company upon liquidation.

The inspiration for this article came from a new bond account we recently reviewed.  The company is a trade contractor, the kind that normally performs their own work rather than subcontracting. This means their financial statements should show appropriate levels of labor, plant, and equipment.

In this case, the Profit and Loss Statement (P&L) showed sales in excess of $10 million, not a small company. The Balance Sheet showed an acceptable amount of WC, but NW was low – resulting in some weak ratios.

Another element caught our attention: On the Balance Sheet, the net value of the equipment asset was only $65,000! This made us wonder how a company could perform $10 million in sales with so little in physical resources.

There could be a couple of explanations:

  1. They could be subcontracting most of their work.  This is unlikely, however, because they themselves are subcontractors. Typically there is not enough profit to share between two firms. A review of this company’s P&L statement did not indicate extensive subcontracting.
  2. They could be renting almost everything (instead of owning).  This doesn’t sound like a practical approach with sales as high as $10 million, and the P&L did not show high rental expenses.
  3. The equipment could be substantially depreciated resulting in a low net value on the Balance Sheet.  This did turn out to be the scenario in their case.

Let’s talk more about #3. But first off, what is depreciation?

IRS definition: http://www.irs.gov/Businesses/Small-Businesses-%26-Self-Employed/A-Brief-Overview-of-Depreciation

It says in part, “Depreciation is an income tax deduction that allows a taxpayer to recover the cost or other basis of certain property. It is an annual allowance for the wear and tear, deterioration, or obsolescence of the property.”

This means when a $100,000 backhoe is purchased, its value as an asset on the Balance Sheet goes down each year as the depreciation progresses.  Bear in mind, this is an accounting entry.  It is not an indication of the current market value of the asset.

Eventually, the asset is depreciated to zero. However, even if it is valueless on the Balance Sheet, it may still be out on a job site working and producing revenues.  It may still have a market value. So therein lies the Gold.

Assets such as heavy equipment (referred to as “Iron”), may have value that is not reflected on the Balance Sheet. So the question is: How to recapture that value and help the bond worthiness of the account?

One way is with a professional appraisal.  Even if the backhoe is depreciated to zero, if the current market value is $25,000, that represents NW that can be added to the financial ratios.

Imagine the effect for the company in question.  Upon further review, we determined that the cost of their equipment was nearly $2 million.  They had a lot of it and it was older so depreciation had reduced the net value on the Balance Sheet to $65,000.  However the current market value was actually $500,000!

Q. Based on these facts, what value should the bond underwriters use for the equipment:  $65,000, $2,000,000, $500,000 or some other amount?

A. If you’ve been following along, that’s where the appraised value comes in.  You need an independent determination of current market value that recognizes the amount of cash these assets could bring.  If well maintained, they have a value higher than that shown on the Balance Sheet. ($500,000)

How else can the value be determined?  The client could provide a copy of their equipment floater as evidence of current value.  You could also get an informal appraisal from their equipment dealer.  Any of these options are better that living with the unrealistically low value shown on the Balance Sheet.

Going back to our example, if the backhoe’s market value is currently $25,000, give that info to the underwriter.  The newly found net worth for all such assets can be added to the bonding analysis.  You turned the Iron into Gold, a POT of Gold!  It can totally transform the ratios and the client’s ability to qualify for the bonds they desire.

Consider this technique for companies with a sizable fleet of mature equipment, especially when their Net Worth is less than desired for bonding purposes.  This analysis can also help strengthen the banking relationship.

FIA Surety / First Indemnity of America Insurance Company
2740 Rt. 10 West, Suite 205
Morris Plains, NJ 07950
Office: 973-541-3417

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Secrets of Bonding #43: Subcontractors and Subcontracts

Steve GoliaLeave a comment

“If you are a bonding company, why won’t you bond subcontractors?”

It might seem odd, but some Sureties do not embrace the opportunity to serve subcontractors.  So what’s differentfish about subcontractors and subcontracts?  Why do some sureties red line this entire segment of the market?

The Food Chain

One complaint underwriters may have about subcontractors is that they are farther down the food chain than General Contractors. GCs have a “prime” contract, meaning they work directly for the project owner, and are the first recipient of monetary payments.  The subcontractors are subsequently paid by the GC.  Subs may face delays and sometimes even harassment at the hands of GCs. Remember, subcontracts are all private contracts not regulated by governmental rules even if the prime contract is public. Put simply, subs have a harder time collecting their money.

Other Issues for Subs and Their Sureties

  • GCs do not normally disclose bid results (2nd & 3rd  bidder’s figures).  This makes it difficult to evaluate contract price adequacy – a disadvantage for both the sub and surety.
  • Unregulated procurement procedures and contract administration – GCs may be aggressive in their procurement methods, pressuring subs for price concessions: “Knock their heads together.” Such practices make the subcontracts less profitable and therefore more risky for the sub and surety.  Subs can also be victimized with verbal awards and unwritten change orders.
  • Contract documents (including bond forms) may be non-standard, drafted by GCs specifically to give strong advantages over subs and sureties.  In some cases the normal Performance bond is transformed into a forfeiture type financial obligation.
  • Flow-down or pass-through clauses in subcontracts force subs to assume obligations rightfully belonging to the GC. An example would be wording that makes the sub responsible for the liquidated damage amount on the prime contract if they are found to have caused a delay on the subcontract.
  • “Pay when paid” language can result in delayed payment to the sub.  “Pay if paid” can result in the sub never being paid.
  • Unbonded public work is rare, but in such cases there is no Payment Bond at the GC level to protect the sub, and liens (filed against the project for failure to receive payment) may be prohibited.
  • Indemnification: Broad form indemnity clauses in the contract can make the sub financially responsible even if they are not at fault.
  • Delay damages: Subs may be barred from seeking financial recovery.
  • Lien waivers: When read literally, these documents may operate to waive and release claims for which the subcontractor has not yet been paid. (Learn about Conditional and Unconditional Lien Waivers: Click!)
  • Termination for Convenience: This contract clause can enable the GC to terminate the contract and leave the sub with a series of unreimbursed expenses and lost profits.
  • Some trades perform their work late in the project, meaning the bond is carried for a lengthy period with no progress on the contract.
  • Certain trades can operate with minimal capitalization, so the field may be populated with lightly financed companies. Such competitors can drive down contract prices making it harder to bond their work.
  • Financial reporting may be less sophisticated than for GCs (CPA financial statements vs. bookkeeper or QuickBooks).
  • Due to their size and circumstances, subs may lack bank support, such as a working capital line.

Conclusion

Subcontractors literally perform the majority of all construction work.  They are the backbone of the construction industry and cannot be ignored by sureties.

When it comes to bonding, subcontractors need to demonstrate that they are well-managed companies that reflect the same attributes as a successful GC.

Secrets #5 and #15 contain important guidance to help agents get subcontractors approved.

Start by choosing a surety that is actively seeking to support subcontractor accounts without requiring collateral.

Steve Golia
First Indemnity of America Insurance Company
2740 Rt. 10 West, Suite 205
Morris Plains, NJ 07950
Office: 973-541-3417

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