Contract + Commercial Bonds

Transcription

1 #suretec Facebook.com/suretec Contract + Commercial Bonds Presented by: Allison Bond Marketing Director abond@suretec.com (713) Christy Moore Vice President, Sr. Underwriter cmoore@suretec.com (713) May 12,

2 SIG BURST! 2

3 About SureTec 3

4 What is a surety bond? Legally binding 3 party agreement Obligee (Owner) Principal (Contractor) Surety (SureTec) Looks like insurance, works like credit 4

5 Surety Bonds vs. Insurance Surety Bonds 3 party Risk transfer Duty to obligee Regulated by state insurance departments Premium fee for prequalification services Project specific Penal sum No deductibles 2 party Risk transfer Insurance Duty to insured Regulated by state insurance departments Premium actuarially determined Usually term specific Policy limits Deductibles 5

6 Two major classes Contract bonds Qualify a business to get a construction contract Commercial bonds Qualify a business to get a license Ensures the payment of taxes + fees Qualify an individual to handle fiduciary responsibilities 6

7 COMMERCIAL BONDS Direct Bill 1 st year or at renewal Fast, easy online bond processing with SureQuick 30% commission 90% renew annually Required by law 7

8 Three types of commercial business Transactional Business Only occasional bond needs Account Driven Business Medium + large regional biz, public co s Program Business Specific program for a specific industry 8

9 Commercial Bonds Term Continuous Most are renewable 9

10 Five classes + what they do 1. License & Permit Guarantee compliance with laws, codes + regulations. 2. Miscellaneous Strict financial guarantees. 3. Judicial (Court) Guarantees awards or compliance with court rulings. 4. Probate (Court/Fiduciary) Guarantees good faith actions of court designees handling estates. 5. Public Official Guarantees faithful + honest performance of duties by officials. 10

11 License + Permit Bonds Obligee is usually a government body License is long term, Permit is single event Required by law or ordinance..5% 2% of the bond penalty UW criteria: Instant Issue, may require app/indemnity. 11

12 Types of License & Permit bonds: Fort Worth House Number Painting Bond Insurance Adjusters, Agents, Brokers, Producers Money Transmitter Bond City of Austin Maintenance Bond Superheavy or Oversize Permit Bonds Itinerant Vendors Auto Club Bedford Cement Sidewalk Bond Collection Agencies Liquor Tax Payment City of Waco Right of Way Longview Master Electrician Bond Defective/Lost Title Motor Vehicle Division Livestock Dealers Driver s Education Lubbock Compliance Bond Fundraiser/Charitable Raffle Bingo Bond Durable Medical Equipment Suppliers (DMEPOS) Telephone Solicitor TX Alcoholic Beverage Commission (TABC) Conduct Surety Bond Motor Vehicle Dealer (New + Used) Dallas Commercial Water/ Waste Service Installation Granbury Professional Contractor Bond 12

13 Miscellaneous Bonds Obligee can be federal govt., state, county, municipality, private entity Usually a financial guarantee A spectrum of biz + svcs required to post these bonds, which fall outside of the other, betterdefined four classes. 2% 5% of bond penalty UW criteria: App, sig(s), credit + financials review 13

14 Types of Miscellaneous Bonds your clients may need: Utility Deposit/ City of Bedford Utility Deposit Concessionaires Beauty Pageant Bond Airline Reporting Corporation (ARC) Patient Fund/Nursing Homes Excise Tax Lost Instrument City of Dallas Utility Guarantee Bond Ocean Transportation Intermediaries Auctioneers Bond Travel Agencies Medical Marijuana Bond Union Wage + Welfare Payments Fort Worth Staff Leasing Service Bond 14

15 Judicial Bonds Two categories: Plaintiffs and defendants Required by the court to protect assets that may or may not go to the other party. Court sets bond requirement early on in the lawsuit. 1% 2% of the penalty amount UW criteria: App, sig(s), credit + financials review 15

16 Types of Judicial Bonds your clients may need: PLAINTIFFS Attachment or Sequestration Bond (Physical things) Garnishment Bond (Cash) Mechanics Lien Temporary Restraining Order Replevin Bonds DEFENDANTS Counter Replevin Appeal Release of Attachment Release of Mechanics Lien Release Stop Notice Private Works Release of Garnishment 16

17 Probate Bonds Obligee: estate, minor Protects against embezzlement, improper disbursements, loss on investments Guarantees that individuals in a position of trust will safeguard assets Rate sliding scale; rough avg. is $5 per UW criteria: App, sig(s), credit + financials review 17

18 Fiduciary/Probate bonds your clients may need: Administrators Executors or Administrators with Will Annexed Guardian of Minors or Incompetents Trustees, custodians or other persons appointed for veterans or incompetent members of the armed services Receiver 18

19 Public Official Bonds Obligee is the state, county or city Guarantees faithful performance of duties and/or accountability for handling public funds Required by statue $3.50 $5.00 per thousand of penalty amount UW criteria: varies 19

20 Public Official bonds your clients may need: City Officials County Officials (Medina, Bexar, Comal) Hidalgo County Auto Registration Bond County Auto Registration Bond Hunting & Fishing Agents Tax Collectors State Officials Peace Officers I.S.D.s, hospitals, etc. MUD District Officials Notary Public Security Guard TAKS Proctor Texas Park Volunteer Spring ISD Peace Officer Bond 20

21 Non Contract Performance Bonds Supply contractors Ex: Lumber, chemicals for water treatment, chemicals/salts for roads Service contractors Ex: Janitorial, trash hauling, security guards, food service for schools, software contractors 21

22 Quick Bond Finder at SureTec.com 22

23 Login to the Agent Portal 1 23

24 24

25 CONTRACT BONDS 25

26 What is a contract surety bond? An instrument used in the construction industry as a guarantee from a Surety to a project owner (Obligee) that a contractor (Principal) will adhere to the provisions and fulfill the obligations of the contract. 26

27 Why are contract bonds required? They fulfill statutory requirements & transfer risk. Miller Act of 1935: Federally funded public works projects over $100,000 Little Miller Acts: State and local public works projects 27

28 Primary Decision Makers Public Owners Private Owners Banks/Lenders General Contractors 28

29 Functions of Construction Bonds No liens Smooth transition from construction to permanent financing Project completion 29

30 Types of Contract Bonds Bid bonds Performance bonds Payment bonds Maintenance bonds 30

31 What is your role? SIG producers should be counted among a contractor s external advisory group, along with attorneys, CPAs, and lenders. Prepare the contractor for rigorous prequalification process. Nurture the relationship between the contractor and SureTec. Advise the contractor on how to obtain or increase bonding capacity. Rely on your SureTec underwriter at any stage of the process. 31

32 Contract surety submissions : Contractor s Questionnaire Business Plan and Resumes on Key Persons Business Financial Statements Personal Financial Statements Status of Contracts Report 32

33 Additional underwriting info: Organization Chart Key Employee Resumes Business Plan Work In Progress Emergency Plan Sub References Line of Credit Underwriting Requirements Recommendations 33

34 Underwriting: The 3 C s Capital Capacity Character Beyond the 3 C s: Continuity Contracts 34 suretec.com

35 Options for Contract Accounts SBA Surety Guarantee Program Funds Disbursement Programs Collateral Joint Venture/Mentor Protégé Small Contractor Development Programs 35

36 Small Transactional Contract Bonds Credit Score based underwriting Limited amounts CAUTION: This method of contract bonding does not build a track record with a surety or establish relationship for growth of surety credit. 36

37 Underlying Agreement The underlying agreement for a construction guarantee is typically a contract agreement between the obligee and the principal A purchase order may be used on smaller projects. 37

38 Indemnity Agreements Specific vs. General Indemnity Similar to a bank loan agreement Grants specific rights and authority to the surety 38

39 The Claims Process Delivering on the Promise 39

40 Reasons For Contractor Failure Accounting Problems Scope of Business Change in Leadership Material/ Equipment Shortages Unrealistic Growth Labor Difficulties Trouble 40

41 Steps in the Claims Process: Declaration Of Default Claims Investigation Review Options Resolution Completion 41

42 How does a surety complete the job? Surety Re bid job for completion Arrange for replacement contractor Retain original contractor Pay owner to resolve a claim 42

43 #suretec Facebook.com/suretec Thank You! Presented by: Allison Bond Marketing Director (713) Christy Moore Vice President, Sr. Underwriter (713) May 12,