1. |
A
surety bond is an instrument under which one party
guarantees to another that a third will perform
a contract. |
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| 2. |
Construction
is a very risky business and each year many contractors,
large and small alike, fail before they complete
their projects or pay their subcontractors or suppliers. |
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| 3. |
Over
the years, surety companies have paid billions of
dollars because of contractor failure on bonded
projects. These costs would have been borne by the
owners of the projects without bonding. |
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| 4. |
Federal
law (the Miller Act) mandates surety bonds for all
public works contracts in excess of $100,000. Federal
procurement officials may, at their own discretion,
require bonds on projects below that amount. All
states have laws requiring bonds on public works
too (know as Little Miller Acts). |
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| 5. |
There
are three types of bonds: the bid, performance,
and payment bond. They protect the taxpayer by guaranteeing
that the contractor is able to enter into the contract,
perform the work on time and according to the contract
and that certain workers, subcontractors and suppliers
will be paid. |
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| 6. |
Surety
bonds are being required more often by owners of
private building projects to protect their company
and shareholders from the enormous costs of contractor
failure. |
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| 7. |
Surety
bonds, through its rigorous prequalification of
contractors, protects the owner and benefits the
lender, the architect and everyone else involved
with the project by evaluating whether the contractor
is able to translate the project's plans into a
finished project. |
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| 8. |
Bonds
help screen out unqualified contractors and give
the assurance that the contractor, awarded the project
through a competitive bid or other awarding methods,
is able to perform the job. Reputable contractors
will not object to providing surety bonds. |
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| 9. |
The
costs for bonds vary, but generally are one to three
percent of the contract amount. On very large projects,
the cost can be less than one percent. |
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| 10. |
To
bond a project, the owner merely includes the bonding
requirement in the plans and specifications for
the project. |