tripartite agreements

Secrets of Bonding #36: When Gross Profits are Gross!

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Gross Profit, Net Profit, “I can’t remember which is which.”

Here’s an easy way to remember: Gross profit is the larger number.  A Gross of something is a big amount: Picture 144 baby chicks hopping around…  In this case, Gross means “big” not “bad.”

Net profit is the smaller number. Think of when you pour something through a net or  sieve: Less comes out.

OK, so Gross Profit is found by subtracting Direct Costs from Revenues (or Sales).  These numbers always appear on a company financial statement (FS) in the “Profit & Loss” or “Statement of Income” section, near the top.

For a masonry contractor, examples of Direct Costs are bricks, mortar and the labor to install them.  Some Indirect Costs would be rent, phone expenses and office salaries.

You may have seen a Work In Process schedule which shows the financial status of open contracts. That is literally the same as the Gross Profit analysis but is specific for  each project. (Keep this in mind when you read the cool bonding tip at the end.)

Now in order to be successful, companies need to produce a Gross Profit sufficient to cover all their indirect expenses and then yield a Net Profit (which always appears at the bottom of the page.)

As surety agents, we often see companies that are suffering from lack of work. Their projects are profitable, but they don’t have enough of them.  They show a Gross Profit but cannot cover their Indirect Costs and therefore produce a Net Loss (they lose money for the year.) Maybe if they had laid off non-essential staff, closed an office or reduced other expenses, the Net Loss could have been avoided. The point here is that the contracts were performed successfully, but other expenses were not adequately managed and a Net Loss occurred.

The inspiration for this article was a FS we received that showed a negative Gross Profit. Pretty unusual.  So what did it mean?

In this case the company lost a significant amount of money on one contract.  The loss was so great that it exceeded all the gross profits earned on other projects resulting in a negative Gross Profit (a loss). Next comes the Indirect Expenses which resulted in a significant Net Loss.

When a negative Gross Profit is produced, it is almost impossible for a company to have a profitable year.  In that case, the Gross Profit is Gross – meaning bad!

Here’s an example of what you’d see on the Statement of Income:

Statement of Income

Income

          Current Earnings – $1,000,000

          Current Costs – $1,250,000

          Gross Profit (Loss) – ($250,000)

Indirect Costs

          General & Administrative Expenses – $75,000

Net Loss – ($325,000)

Cool Bonding Tip: The Gross Profit section of the P&L describes the accumulated results of past projects, similar to the WIP schedule which shows today’s projects individually, during their performance.

By comparing the expected GP % of incomplete jobs on the WIP schedule to last years P&L, you can predict if the new projects are likely to result in a NET profit for the upcoming year-end financial statement (assuming other factors, such as expenses and total revenues, are similar to the prior year.)

Business owners facing such circumstances should consider immediately cutting indirect expenses in a proportionate amount  so a fiscal year-end net profit is more likely.

Call us with you next Contract, Site or Subdivision Bond.

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

An “A Rated” Carrier

Visit our Free CE school.

Secrets of Bonding #32: Bond Definitions – Take the Quiz!

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Answers appear at the end of the article – good luck!

“You may begin.”

1. Bid Bond

a. Required by Auctioneers
b. A very small bond
c. Bond that accompanies a construction proposal

2. Surety Consent (to accompany bid)

a. Promises to provide the related Performance and Payment Bond
b. Agrees to all conditions in the related contract
c. Agrees that bond claims will be paid within 30 days

3. Bid Bond Percentage

a. Ratio of successful bid proposals
b. Portion of bid bonds used in one calendar year
c. Determines the dollar value of the bid bond

4. Performance Bond

a. Always makes reference to a written contract
b. May not be cancelled by the surety
c. Both a. and b.

5. Balance of Contract Amount

a. The point at which a contract becomes profitable
b. The unpaid portion of the contract
c. Relationship between labor and material costs

6. Payment Bond

a. Used to guarantee loans and leases
b. Guarantees payment of proper union wages
c. Guarantees suppliers of labor and material will be paid

7. Third Tier Sub

a. A class of subcontractors not covered by the Payment Bond
b. Submarines that go very, very deep
c. Low quality subcontractors

8. Subdivision Bonds

a. Similar to Submultiplication and Subaddition bonds
b. Similar to Site Bonds
c. Similar to submarines that go very, very deep

9. Penal Sum

a. Dollar value of a bond
b. Often a source of envy
c. When two penals are added together

10. Site Bonds

a. Guarantees improved vision after Lasik eye surgery
b. Guarantees the construction of public improvements
c. Guarantees a construction contract

11. Single Job Limit

a. The largest job a contractor ever performed
b. The largest job a contractor is interested in undertaking
c. The largest job a surety is willing to bond

12. Work on Hand

a. Remaining “cost to complete” for open projects
b. Underbillings
c. Costs relating to labor performed by hand

Extra Credit:

13. “Full” Indemnity

a. The indemnity of the applicant company including all of its assets
b. The indemnity of the applicant company, all owners and spouses, plus other owned/controlled companies
c. Indemnity equal to the full value of the bond amount in question

Answers:

1: Bid Bond – Bond that accompanies a construction proposal (C)

2: Surety Consent – Promises to provide the related Performance and Payment Bond (A)

3: Bid Bond Percentage – Determines the dollar value of the bid bond (C)

4: Performance Bond – Always makes reference to a written contract AND may not be cancelled by the surety (C)

5: Balance of Contract Amount – The unpaid portion of the contract (B)

6: Payment Bond – Guarantees suppliers of labor and material will be paid (C)

7: Third Tier Sub – A class of subcontractors not covered by the Payment Bond (A)

8: Subdivision Bonds – Similar to Site Bonds (B)

9: Penal Sum – Dollar value of a bond (A)

10: Site Bonds – Guarantees the construction of public improvements (B)

11: Single Job Limit – The largest job a surety is willing to bond (C)

12: Work on Hand – Remaining “cost to complete” for open projects (A)

Extra Credit: “Full” Indemnity – The indemnity of the applicant company, all owners and spouses, plus other owned/controlled companies (B)

Congratulations: You passed!

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 #26: Bond Request Forms (The Gift That Keeps Giving)

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For the agent and client, there is plenty of paper to handle on contract surety bonds.  So just when you get through the questionnaire, business plan, resumes, references, WIPs, and financials there is STILL ONE MORE DOCUMENT THAT WE NEED!

Yes, it is true.  Bond Request Forms are the gift that keeps giving because you get the opportunity to do one as each bond comes up.  So, considering these forms are not going away, let’s get comfortable with them.

Why Needed

The Bond Request Form is a summary of key factors concerning the specific contract and bond in question. The form is used for both Bids and “Final” bonds (Performance & Payment). It covers basics such as the name of the contractor and obligee, description of the work and the specific bonding requirements.

The form is used for underwriting and administrative purposes.  The underwriters review the details and may literally sign their approval on the form.  The admin staff will type the bond based on the Request Form – so completeness and accuracy are crucial.

Let’s break it down and go over some key areas:

  • The Principal is the contractor and the Obligee is the party paying for the work.  Sometimes the word “Owner” is used interchangeably with Obligee. If you see Owner on the Bond Request, it is not asking for the name of the owner of the construction company; it means “Obligee.”
  • The description of the work should read as stated on the related contract or bid invitation.  If you are bonding a roofing contract, the description should not be “4th Avenue Elementary School.” It should say “…roofing…”  On a final bond such errors are embarrassing. In a bid situation an incorrect job description could result in a bid protest (by the second bidder) and loss of an award.
  • For Bid Bonds, show the estimated contract price (ECP), not the actual bid amount.  This is to protect the bid confidentiality.  Sometimes we bond more than one contractor on the same bid.
  • Always submit a sufficiently high ECP to allow room for a last minute bid increase. (See Secret # 8.)
  • Show the actual bid date, not the day before for “safety.”
  • Bid results are important to show if they are available.  Typically they are on public work.
  • When indicating the final bond requirements, do not indicate “100% P&P” unless the spec actually calls for this.  Some projects require a Performance Bond but no Payment.  It would be important to not automatically issue a Payment Bond, since they are the most frequent source of surety claims. The Principal and Surety should never voluntarily assume this risk.
  • Work On Hand: The current WOH figure is comprised of the “estimated cost to complete” of all open work – excluding the project in question.
  • Be sure to fully complete the form, include required attachments and sign if necessary.
  • Points of interest:
    • Sureties are usually reluctant to provide a 125% P&P Bond.
    • If the bond is for less than 100% of the contract amount, there may be no reduction in the bond cost.

Bond Request Forms: We love them and you should too!  Every one is a chance to serve your client and  make money. 

Call us with you next Contract, Site or Subdivision Bond.

Steve Golia

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

An “A Rated” Carrier

Visit our Free CE school.

Secrets of Bonding #24: Manage the Bond Manager

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Q. Who is your bonding company?

A. Jimmy at the Smertz Agency

Am I the only one who thinks this is a strange answer? It always amazes me when contractors have no idea who their bonding company is.  It could mean that the agency is doing a fantastic job of managing the account.  But it is more likely that the contractor is doing a bad job of managing the relationship with the surety.

Who’s on first?

The bond agency plays a vital role in guiding the process forward, advising the client and supporting the underwriting process.  But for the most part, the Bond Manager controls the underwriting decisions – even if some measure of discretionary authority has been granted to the agent.

To put it simply, the Bond Manager has life or death control over the bond account. If there is a bond the manager is not interested in supporting, the contractor can kiss those revenues and profits goodbye. 

For major accounts that produce significant annual premiums and require substantial capacity, the surety will probably make themselves known.  They may ask for an annual meeting to discuss fiscal year-end results and plans for the new year.

For smaller accounts, the contractor is just a name in a computer record.  Flat.  No personality or rapport.  So when that stretch or exceptional bonding need comes up, they have nothing extra going for them.  The gate keeper doesn’t know the contractor from Adam, and there will be no special consideration.  How do you prevent this?

Manage the Bond Manager

The first step toward a good rapport is to establish open communications.  The contractor’s file should make it obvious that full disclosure is provided and the surety is appreciated as a partner – not just a vendor.  Answer all the written questions completely and candidly.  It makes the reader confident that everything relevant (the good and the bad) is all being laid out for review.

During the initial evaluation, the underwriter should visit the contractor’s business.  It is a chance to kick the tires and see the company in action.  Hey, they’re not just a file, they’re real people!

A periodic underwriting meeting with the bonding company is appropriate.  At IBCS, we like to meet with the contractors when a draft of the year-end data is available.  This is a great opportunity to provide guidance before the final version of the financial statements is produced.

Summary

The point is that bonding is based on information and the underwriter’s confidence.  Building a rapport with the decision maker is as important as any piece of information. With the help of the agent, Manage the Bond Manager and maximize the bond account for everyone’s benefit.

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 #23: Myth Busting the T-List

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Technically the correct name is “Circular 570.”  The federal Treasury Department produces this list, thus the nickname “T” list. Website: “fms.treas.gov/c570/c570.html”

It is re-issued each July first and contains all the corporate sureties reviewed and approved by the Treasury Department.  It also states the largest single bond amount they may provide on a federal contract. Let’s look at some common assumptions about the T-list.

Myth: The IRS tried to withhold tax exempt status from the Tea-List.

Finding: False! (Just wanted to see if you’re paying attention.)

 

Myth: The government somehow “backs” the sureties on the T-List.

Finding: False! The companies on the list are merely pre-approved for the convenience of the government when administering contracts. The purpose is not to benefit anyone outside the government.

 

Myth: T-listed sureties are the best in the industry.

Finding: False! Acceptance on the T-List indicates that

1. The surety chose to apply for approval, and…

2. They obtained it.

Being T-listed does not indicate the relative strength of one surety compared to another.  For example, there are excellent surety companies that have never sought T-List approval – so they’re not on Circular 570.

 

Myth: It is illegal and / or impossible to waive a T-listed requirement if it is stated in a project specification.

Finding: False! Private obligees, such as a General Contractor offering a subcontract, have complete discretion and can modify the requirements if they so choose.  It is common to reserve the right to waive any technicalities if the obligee feels it is in their best interests.

 

Myth: When projects include federal funding (such as a local housing contract), federal bonding requirements automatically apply.

Finding: False! The party offering the contract may set their own requirements.  They could chose to follow some portion of the federal requirements or simply use their own. Federal requirements (as stated in the Federal Acquisition Regulations) only apply to direct federal contracts such as the Army Corps of Engineers, etc.

 

Myth: When it comes to corporate surety bonds, only the federal government is obligated to use Circular 570 sureties.

Finding: False! If other jurisdictions choose to adopt such a requirement, it would then be mandatory.

Conclusion: The T-list is a convenient tool for federal contracting officers when administering government projects.  It is also helpful for outsiders when evaluating a corporate surety bond.  Circular 570 is easy to access online and it provides a list of sureties accepted by the federal government.

However… NOT being on the list does not necessarily mean anything negative.  Not all sureties find it beneficial to seek approval on the list, so they just don’t do it.  They could still be great companies with strong bonds worth taking.  In fact, they could be the best surety in the country, and still not be on the list.  

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 #22: Bonding Started Projects – Adverse Selection or Awesome Opportunity?

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On Performance Bonds (not proceeded by the surety’s bid bond), underwriters commonly ask if the project has started. Why is this relevant and what are the implications?

On private contracts where the performance bond may be optional, there is a concern that the bond is being required retroactively because some performance or payment concern has arisen.  This is where the Adverse Selection comes in. No surety wants to write a bond and immediately have a claim: “No premium is worth a claim.”

However, such bonds can be successfully produced.  It helps if the bond was always a written requirement.  This can be proven by reviewing the project specifications.  The underwriter will also review the financial condition of the project such as a WIP schedule, obtain current lien releases, the last pay application and an All’s Right letter from the obligee (confirming the work is satisfactory thus far.)

What about the Awesome Opportunity? There could be legitimate reasons for requesting the bond late.  Perhaps the contract start date was critical.  The contractor was given notice to proceed even though the bonds was not yet filed.  When this happens, the obligee may insist on the bond prior to paying of the first requisition (monthly payment to the contractor.)  This situation is not that unusual, especially for subcontractors.

Do we like these circumstances? Think of what the bond guarantees: Performance of the contract and Payment of the related bills for suppliers of labor and material.  If part of the performance obligation is completed, that extinguishes a portion of the risk – and the bond fee is still the same!  Bond fees are normally based on the contract amount, not the bond amount nor the uncompleted project amount. So it makes sense that underwriters should embrace these projects assuming they can get past the issues we discussed.

Unfortunately not all do.  But producers who know the red flags, have a fighting chance to address them and gain underwriting support from the surety.

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 #21: Church Projects

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Think about it – what could be better than writing a bond to build a church?  What could possibly go wrong?

The sad truth is that these projects can be high risk for the contractor and surety.

Here’s why:

Unique Risk #1

Church construction contracts include obligations for both parties.  The builder must perform the construction correctly, on time, and for the agreed price.  The church (the “owner”) must pay for the work as it progresses.  When compared to public work such as for the city or state, church work (and other non-profits) can be more hazardous if the owner does not have all the funding in place.

Suppose they are depending on a successful fund drive?  If the contractor performs work, incurs costs, and is then not properly paid it could be detrimental to both the contractor and surety.

Unique Risk #2

An additional threat arises from the design and administration of the contract.  If there is no architect, or if the architect is terminated or withdraws during the project, the contractor may be answering to the church building committee.  This is likely to be a loosely organized group of non-professionals with no construction design experience, each with their own ideas on how to proceed – bad for the contractor!

Summary

To assure a reasonable level of professionalism and predictability on church work, it is important to confirm full funding in advance (prudent on ALL private contracts).  This could be in the form of an approved building loan or funds on deposit in an escrow account.

It is also necessary to have an architect engaged throughout the process.  Note: Design / Build contracts present more risk, not less. (Projects where the contractor is responsible for both design and construction.)

Church projects can be a heavenly experience if the proper safeguards are followed.

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 #20: Subordination Agreements

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“Instant Net Worth!”

Here is another gem for your tool box.  A Subordination Agreement can solve a Net Worth deficiency problem easily – in some cases.

Why is Net Worth (NW) Important?

Net Worth is the value of the company if all its bills are paid and it is liquidated.  It is a measure of strength and staying power, and therefore is relevant to surety bond underwriters.

In a corporation, NW (aka Stockholders Equity) is typically comprised of the money initially put in to start the company (Capital Stock) plus all the net profits earned over its lifetime and retained in the company.

Sometimes the NW is insufficient to support the current bonding needs.  This problem cannot be fixed by instantly earning more net profits.  It could be addressed by adding additional capital stock, but this is heavily taxed (capital gains) upon withdrawal – so this may not be a good solution, especially if the need is viewed as temporary.  So in comes our Subordination Agreement.

Here’s how it works:

Let’s assume that an owner who originally put money into the company by purchasing capital stock has now loaned funds to the corporation.  Both are debts of the company. Here is the important difference: Capital Stock is considered Equity, and a permanent debt (because of the tax penalty assessed upon withdrawal) whereas a loan is called a Liability and is temporary since it may have periodic payback terms and there is no capital gains tax assessed.

When making bonding decisions, does an underwriter consider loaned money as valuable as capital stock?  Is money the company has temporarily as valuable as funds it holds permanently? No, of course not. The purpose of the Subordination Agreement is to make the loaned funds just as valuable, by allowing them to be viewed as permanent.  From an analysis viewpoint, this moves the loaned money from debt to equity.

The Subordination Agreement is executed by the creditor (lender of the money) for the benefit of the Surety.  It states that the creditor will not demand payment without the written consent of the surety in advance. It locks the money in.  Having this degree of control can allow a surety to treat the subordinated loan as Instant Net Worth!

Two words of caution:

  • Not all sureties are willing to rely on this strategy or may not do so for a major portion of the total NW.  We will!
  • Also, it is important to inform the CPA regarding the subordination so it can be memorialized in the financial statement notes.  The subordination only works if the creditor remembers to observe it.

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 #17: Dual Obligees & Additional Insureds

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Contractors are often required to name an architect, building owner or lender as an additional insured on their insurance.  The insurer will do so, and assume the additional risk for a minimal or no charge.  While there are some potential consequences for the contractor, most favor this extension of coverage without hesitation.  Why shouldn’t they? After all, the point of the insurance is to transfer risk away from the insured.

With a Performance Bond, there is a similar situation with the Dual Obligee rider.  This rider modifies the bond to include a party that was not named on the contract.  An example of such a party is a lender to a borrower who owns property. The borrower has hired a contractor to work on the property.  The Performance Bond that guarantees the contract has the property owner as the natural Obligee (the “owner” on the contract).  The lender has an interest in the project and may therefore ask to be named as a Dual Obligee.  Sureties will normally do this (and for no additional charge), but it is not without consequences for the contractor.

The Dual Obligee rider enables the lender to make a performance bond claim directly against the Surety – and thus creates additional risk for a potential loss on the bond. So why should the contractor care?  (See Secret #1)  Bonds are not insurance.

A surety relationship is more like banking than insurance.  Like a lender not expecting a loan to result in a loss, a surety does not expect any bond claims or losses.  Similar to a bank’s promissory note, a surety requires a General Indemnity Agreement (GIA) which is a hold harmless intended to prevent any financial loss to the surety if a claim occurs.  Read this as “no risk transfer.”

So let’s go back to the Dual Obligee rider.  All contractors are required to provide a GIA for their surety.  So if the bond is extended to include the lender, and the risk for a bond claim or loss in increased, who assumes this risk?  The answer, of course, is the surety plus the contractor.  The nature of a Performance Bond is that the contractor, the “Principal,” always shares in the bond risk – both in their company and personally.

Summary: Adding additional insureds may seem like a freebie, but contractors should be cautious when adding Dual Obligees to a bond.  Each obligee is another master they must please on their contract.  Each one is a risk and a financial threat.  Some entities must be added when requested such as a lender, the city or other entitled parties.  Other times there is a feeding frenzy: “Let’s add everybody.” 

If the surety fails to object or at least ask for justification as to why such parties must be added, the contractor should… because unlike insurance, on a bond the contractor assumes risk.

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 #16: Bid Spreads

Steve Golia1 Comment

They can be full of fat or skinny. Sometimes they’re yummy, but they never go on crackers.

Spread

A Bid Spread is important to contractors and their surety.  Let’s find out why.

What is bid spread? 

When a contractor is pursuing a new project, they may be required to submit a written proposal which the project owner then compares to offers made by other firms.  It is a competition based on capabilities, credentials and price.  In the case of public projects such as federal, state or municipal, the bid results are normally published – meaning everyone gets to see the full list of bidders and their amounts.  These dollar figures are the prices the contractors will charge to perform the work.

The bid spread is the difference in dollars and percentage between two of the bidders.  The “apparent low bidder” is the company with the least expensive price on bid day.  The bid spread for the low bid is based on the difference between bids # 1 and 2.  It is an evaluation of the potential inadequacy of the low bid amount.  

How to calculate the bid spread

Suppose the low bid is $100,000 and the second bid is $150,000. In this case it may be obvious that the low bid is 33.3% below the second.  But what is the calculation method?  You subtract the difference between the bids and divide the number into the second bid:

150,000 – 100,000 = 50,000

50,000 / 150,000 = 33.3%

Therefore the bid spread is 33.3%.  (The difference in bids equals 33.3% of the second bid amount.)

Another way of calculating is to divide the 1st bid into the second, such as 100,000 / 150,000 = .66 or 66%. This indicates that the first bid is 66% of the second, and therefore the second is 33% larger.

What does the bid spread tell us?

The purpose of determining the bid spread is to evaluate the potential inadequacy of the low bid.  For example, if the 2nd, 3rd and 4th bids are all clustered together with the 1st bid far below, one may conclude that the low bid is inadequate.  Maybe they left out an element, misread the plans or miscalculated.  All the bidders wanted the work, so how could one be significantly less?

For the low bidder, a large bid spread demands an immediate review.  If an error or omission is found, usually the bid can be withdrawn with no penalty if acted upon promptly.

For the surety, there is a reluctance to bond an inadequately priced project.  The absence of profit could cause the contractor to abandon the work or they could be forced into default by the financial pressure – with the surety left to complete the project.  They may be tempted to cut corners resulting in a performance claim.  Slow payments to subs and suppliers could result in payment claims.

The only thing worse than a bond claim is a defaulted project requiring completion by the surety where the remaining funds are insufficient to complete the work.

How low is too low?

The rule of thumb is 10%.  If the low bid is $100,000 and the second is more than $111,000, the spread is over 10% and warrants evaluation before a performance bond is issued. ($11,000 / 110,000 = 10%)

The surety will ask if the bid estimate has been double checked.  What was included for profit and overhead? Are subcontractors dependable at their prices – and bonded? Did the low bidder have some advantage over the other contractors that enables them to perform the work profitably for a lower price?

Alternative calculation method

When faced with a spread of more than 10%, analysts will also calculate the bid spread to the average of the second and third.  In this case they hope to find a spread not in excess of 15%.

Try the analysis on these numbers: 1st: $100,000, 2nd: $112,000, 3rd: $114,000.

(Answer: 11.5%)

Other facts about bid spreads

In most cases, the surety that provides a bid bond is not obligated to provide the Performance and Payment bond.  An exception to this would be situations in which a Consent of Surety was required with the bid bond.  Such consent does promise to issue the P&P bond.

With no consent in play, a large bid spread could cause the surety to refuse the P&P bond, even though it could result in a bid bond claim – if the contractor cannot quickly locate a replacement surety or withdraw the bid.  (Refer to Secrets #8: Bid Bonds).  A bid bond claim is a much smaller problem to deal with than a defaulted contract.

A new surety that is offered the P&P bond will naturally ask for details if they know a bid phase was involved.  They know the incumbent surety must have had good reason to forego the P&P premium and face a possible bid bond claim. Producers can expect this to be a difficult placement.

Bid spreads are revealing! A tight bid spread validates the low bidder’s amount.  Large spreads require further scrutiny.

In cases where bid results and bid spreads are not known, such as on private contracts (or in cases where the contract amount is negotiated) it makes approval of the P&P bond a bit harder for the surety.

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.)