The Value Builder

Fall 2003



Surety bonds require more than premiums

 

Most public and many private construction projects begin with a surety bond that assures owners the contractor will complete the work on time and pay bills without undue delay.

Getting those bonds, especially the first time, can take a lot of time and effort. Although they may appear similar to insurance policies, surety bonds are more akin to bank credit, because the contractor retains the risk for nonperformance.

Insurance companies underwrite surety bonds, but surety premiums are not paid for coverage in the event of losses. Instead, they compensate the surety company for lending its good name to the contractor.

Guaranteed performance
The surety company prequalifies contracting firms on the basis of credit strength, experience and capability, and guarantees performance, but contractors may be required to sign agreements holding the surety company harmless economically.

The surety’s guarantee means that all parties assume there will be no performance failure, and therefore no loss.

Before they will issue bonds, surety companies want to know that the contractors they guarantee are well-managed, profitable, honorable and trustworthy. Providing that assurance can require significant time and expense, and perhaps even changes in the way a company does business.

Documentation
Contractors who are interested in obtaining surety bonds should pick surety agents with as much care as they use in selecting any other professional, and should expect to provide extensive documentation in such areas as company history, work records, work in progress, budgets and financial statements for as much as five years.

Resumes of key company managers are also likely to be requested, and subcontractors, suppliers and former customers will probably be asked for their opinions of the company.

In addition, surety companies will want to see continuity plans that identify ways the organization can avoid or minimize disruptions after occurrences such as the death of an owner of a closely held company.

The documentation and interviews are intended to give the surety company an accurate picture of what the company has done in the past and what it might reasonably be expected to do in the future.

 

Perisho Tombor Loomis & Ramirez
901 Campisi Way, Suite 250
Campbell, CA 95008
408-558-0500
info@ptlr.com

 

 

The articles in this newsletter are general in nature and are not a substitute for accounting, legal, or other professional services. We assume no liability for the reader's reliance on this information. Before implementing any of the ideas contained in this publication, consult a professional advisor to determine whether they apply to your unique circumstances.

© 2003