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What is a Surety Bond?
A Surety Bond is a generic term to describe many types of Bonds. A Surety Bond is a three party
agreement. The three parties are:
- The Principal - the primary person or business entity who will be performing a contractual obligation
- The Obligee - the party who is the recipient of the obligation (usually a government entity)
- The Surety - who ensures (guarantees) that the principal's obligations will be performed. Sureties are similar to (sometimes divisions of) insurance companies.
Through this agreement, the Surety agrees to uphold - for the benefit of the obligee - the contractual obligations made by the principal if that principal fails to uphold its promises to the obligee. The Surety Bond is provided so as to induce the obligee to contract with (or license) the principal, i.e., to demonstrate the credibility of the principal and guarantee performance and completion per the terms of the agreement.
There are two main categories of Surety Bond types: Contract Surety Bond and Commercial Surety Bond. A Contract Surety Bond guarantees a specific contract. Examples include a Performance Surety Bond, Bid Surety Bond, Supply Surety Bond, Maintenance Surety Bond and a Subdivision Surety Bond. A Commercial Surety Bond guarantees per the terms of the Bond form rather than a contract.
Learn more...Surety Bonds are frequently used in the Construction industry. In order to obtain a contract, the General Contractor must provide the Obligee (project owner) a Surety Bond for its performance of the terms as per the contract. Additionally, owners and Contractors may also provide a Payment Surety Bond to ensure that Subcontractors and suppliers are paid for work done. Under the Miller Act of 1935, a Payment and Performance Surety Bond is required for General Contractors on all U.S. Federal Government Construction projects where the contract price exceeds $100,000.00.
The Principal (Contractor, licensee, or permit applicant) will pay a premium, usually annually in exchange for the Surety Company's financial backing to extend Surety credit. In the event of a claim, the Surety will investigate prior to paying on the claim. If it turns out to be a valid claim, the Surety will pay the claim and then turn to the Principal for reimbursement in the amount paid out as well as any legal fees incurred in the process.
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