Atlas Insurance Magazine Atlas Insurance Magazine | Page 30

SURETY BONDS A Surety Bonds Primer: What Are Surety Bonds And How Do They Work? A surety bond is a three-party agreement that guarantees specific obligations are fulfilled. The parties involved are the principal, the obligee, and the surety. The principal is the individual or business that obtains the bond, the obligee is the entity that requires the bond, and the surety is the insurance company that backs the bond. Although there are numerous types of surety bonds, the most commonly required bonds are construction contract bonds (also known as payment and performance bonds). The obligee (construction project owner) will require the principal (contractor) to provide payment and performance bonds. These bonds guarantee that the principal will complete the project per the terms and conditions of the contract and pay any bills directly related to the labor and materials required to complete the work. In the event the principal fails to complete the contract or pay for any labor or materials, a claim can be made on the bonds. Unlike an insurance policy, the principal is required to repay in full any claims payments (as well as legal costs) incurred by the surety. In essence, surety bonds are as much a form of insurance to the obligee as they are to the beneficiary. But unlike insurance, surety bonds are also a form of credit to the principal as any claims and legal costs must be repaid by the principal 30 to the surety. The bond is backed by the surety, but the surety requires an indemnity agreement to be signed by the company and all owners personally. The surety company prequalifies the contractor, providing peace of mind to the other project participants including the owner, lender, material suppliers, and work crew. The screening process is rigorous, with an exhaustive review of a contractor’s references, job history, equipment access, financial strength, credit history, and bank relationships. Contractors who want access to large projects need to work to cultivate a solid track record, requiring considerable planning, effort, and discipline. They must carefully manage their finances, be mindful of their company’s capacity to complete work, pay subcontractors on time, not take on more jobs than they can handle, and have a track record of completing projects on time and within the terms and conditions of the contract. These accomplishments demonstrate the ability to successfully manage a company, along with good business decision-making skills. The great thing about having a surety bond program in place is that it ca