CAIB 3 - Chapter 5 - New Slides

CAIB 3: Chapter 5 Surety Bonds

• Surety bonds are a guarantee of performance.
• Originating in ancient times, it enabled trust between strangers.
• Early surety was performed by individuals (family or friends).
• Modern surety is performed by corporations like the Guarantee Company of North America.
• They eliminate risk for the promisee.
• They ensure certainty and security in transactions.
• Two main types of surety bonds are Fidelity Bonds and Surety Bonds.

Section 1: The Meaning of Surety

• Suretyship is a historical concept.
• It originates from ensuring that the literal meaning would be sure, certain, and secure.
• Suretyship is a guarantee of performance.
• One person or entity guarantees another party's commitment.

The Meaning of Surety

• Historical context of surety goes back thousands of years.

• Surety origins can be traced back to ancient trade

• Surety enables trust between strangers in transactions.

• Suretyship is the act of guaranteeing performance or a commitment.

• The primary purpose of surety is to protect the promisee from risk.

• Surety ensures certainty and security in various transactions and agreements.

The Origins of Suretyship

• Suretyship originated in early trade and barter systems.
• Suretyship created trust between people or entities in transactions.
• Personal guarantees were the first type.
• Families or friends would act as guarantors.
• Guarantors were responsible for obligations if the debtor defaulted.
• Suretyship established trust and reliability for the business environment.

Corporate Suretyship - The Next Step

• Corporate surety emerged in Canada in 1851.
• The Guarantee Company of North America was established as the first surety company.
• Corporate suretyship created a more formalized and scalable surety solution.
• Fidelity Bonds and Surety Bonds were created to address the growing need for employee and contract guarantees.

Types of Corporate Surety Bonds

• Fidelity Bonds
• Ensured protection against employee dishonesty.
• Historically, employees purchased these bonds, now most are covered by employer insurance policies.
• Surety Bonds
• A commitment by the surety to ensure the performance of a third party.
• Provides credit or performance assurance to the obligee.

Understanding Surety Bond Qualifications

• Surety bonds have a direct relationship to credit.
• Provides coverage if the principal defaults.
• Principal qualification is crucial due to substantial credit amounts.
• Underwriters assess principals thoroughly regarding their commitments.

Criteria for Surety Bond Approval - The Three Cs

• Character: Evaluates the principal's management and reputation (payment history, business practices, and reputation).
• Capacity: Assesses the principal's experience, knowledge, and workforce (ensures capability to execute project requirements).
• Capital: Focuses on the principal's financial strength and resources (determines if the principal can support current projects and future ones)

Benefits of Suretyship for All Parties

• Benefits for Principals
• Enhanced credibility and assurance of capability.
• Increases principal confidence in executing tasks.
• Benefits for Obligees
• Assurance of project completion and minimized financial risk.
• Provides security in undertaking complex or large-scale projects.
• Confidentiality and Trust
• Secure exchange of private information.
• Surety underwriters maintain confidentiality.

Characteristics of Surety Bonds

• Involve three distinct parties: principal, obligee, and surety.
• Principal: The individual or entity primarily responsible (e.g., merchants, contractors).
• Obligee: The party to whom the bond is given (e.g., government entities, project owners).
• Surety: The guarantor who promises to fulfill the principal's obligations if they default.

Principal Liable to the Surety

• Surety's promise is made to the obligee, not the principal.
• Protections for obligee.
• Surety's obligation is only activated if the principal defaults.
• Surety's intervention occurs due to the principal's failure to fulfill obligations.
• Surety must pay immediately if the principal defaults.
• Obligee doesn't have to sue the principal first.
• Assignment of rights lets the surety acquire the obligee's rights against the principal.
• Surety can recover payments by pursuing reimbursement from the principal.

No Losses Expected & Non-Cancellable Bonds

• Surety bonds extend credit without anticipated risk.
• Rigorous pre-qualification ensures capable principals.
• Maintains the three "C"s of underwriting (Character, Capacity, and Capital) to prevent defaults.
• Some bonds remain active until obligations are fully met.
• Typical examples include court-ordered administrator or executor bonds.

Statutory vs. Non-Statutory Bonds & Bond Limits

• Statutory Bonds: Required by law and legally defined obligations (e.g., licensing or permit bonds).
• Non-Statutory Bonds: Not required by law, based on contract terms (e.g., construction contract bonds).
• Bond Limit (Penalty): Represents the credit extended by the surety to the principal and is fixed throughout the contract's duration.

Bond Premium & Written Contract Requirements

• Bond premium (service fee): Reflects the cost for pre-qualification and operational expenses.
• Not intended as a risk-based premium.
• Written contract requirements:
• Surety contracts must be formalized in writing.
• Requires the seal of both the surety and principal if it is not an individual.

Section 2: Types of Surety Bonds

• Four main surety bond classifications: Contract, Judicial, License/Permit, and Miscellaneous bonds.
• Each category addresses specific obligations of contractors.

Introduction to Contract Bonds

• Ensure fulfillment of contractual obligations common in public and private contracts.
• Most prevalent in construction but applicable to various industries.
• Municipality contract for services (e.g., trash collection) may require bidders to supply a bond.

Types of Contract Bonds

• Supply Contract Bond: Ensures delivery of materials or supplies at an agreed price, common between private and government entities.
• Public Contracts often require bonding while Private contracts may not, but bonds add credibility and assurance.

Construction Bonds and Common Types

• Primary Bond Types in Construction

• Bid Bonds: Guarantee the bid is valid and the bidder will enter into the contract.

• Performance Bonds: Ensures the project is completed as specified.

• Labour and Material Payment Bonds: Guarantee payment to subcontractors and suppliers;

• Maintenance Bonds: Cover repairs post-completion.

• Detailed description of the above bonds.

Standard Bond Forms and Exceptions

• Primarily developed by the Canadian Construction Documents Committee (CCDC).
• Custom forms by industries like hydro, oil, crown corporations, and municipalities.

Determining Bond Limits

• Bond limits depend on job size and work in progress.
• Unbonded projects can affect bonding projects.
• Surety underwriters do not separate bonded from unbonded works for higher bond limits.

Importance of Contractor-Provided Guarantees

• Surety confidence in contractor's ability to avoid default.
• Backup measures strengthen surety's position.

Indemnity Agreements

• Personal and Corporate Indemnity: Individuals or partnerships are personally obligated, corporations pledge assets, potential personal indemnities from officers.
• Surety's Right of Action: Allows the surety to recover losses from indemnitors for costs related to claims, investigations, and settlements.
• Third-Party Indemnities: Employed when a contractor's financial strength is insufficient; external individuals agree to support the contractor's bond application.
• Temporary Support: Releasing third-party indemnities once the contractor builds independence.

Collateral Security

• Forms of Collateral: Cash deposits, letters of credit.
• Usage and limitations: used if contractor can not reimburse surety, not favored due to potentially necessary use internally.

Subordination Agreements

• Prevents diverting funds without surety's consent, prioritizing payment of bills, and ensuring a stable contractor.

Making an Underwriting Decision - Overview

• Contractor eligibility for bonds.
• Surety underwriters evaluate each contractor's track record and stability.
• Key considerations, for example, factors that can effect eligibility (presence of past performance issues).

Challenges for New Contractors

• Disadvantages for new contractors (lack of proven track record, limited bonding).
• Role of Business Plans: Detailed plans with sales forecasts help but remain speculative.
• Strategies for new contractors: Leverage limited bonding, start with unbonded work to build credibility, and create relationships.

Contractors with Poor Records of Performance

• Disclosure of Past Issues: Firms must proactively disclose performance history.
• Demonstrating Improvement: Explain previous mistakes, lessons learned, and measures to prevent recurrence.
• Building Surety Confidence: Addressing past issues assures proactive problem-solving.

Issuing the Bond - Overview

• Surety reviews contract specifics to confirm alignment with established bond limits.
• Key Factors for Approval:
  • Nature of Work: Project location, bond limits, completion dates, conditions, and communication ability.
  • Relevance to Contractor's Expertise: Bonding approval is more likely if the work aligns with the contractor's experience.

Project Location

• Impact of Remote Locations
• Logistical challenges due to distance from resources and oversight can increase the risks for surety.
• Bond Limits and Completion Date
• Long-term projects carry greater risk because they use more working capital and take longer to complete.

Contract Conditions

• Owner Payment Schedule: Essential payments for effective cash flow management.
• Penalty Clauses: Increase surety potential liability.
• Communication and Cost Monitoring: Ensuring predictability and accuracy is crucial in managing surety risk.

Licence and Permit Bonds - Overview

• Purpose of Licence and Permit Bonds: Required by federal, provincial, and municipal laws—a revenue source for the government and a way to regulate business activities.

• Business Examples: Licenses and permits are necessary for various businesses (insurance brokerages, construction businesses).

Compliance Guarantees

• Compliance with Laws and Regulations: Bonds guarantee businesses comply with relevant laws and regulations (revoked licenses or penalties for non-compliance).
• Examples: Specific installation codes (plumbing, electrical), liquor laws.

Financial Guarantees

• Protecting Government Bodies: Bonds protect government from monetary damages.
• Example: Businesses bonded to guarantee the government receives tax revenue.

Indemnity Guarantees

• Protection for Third Parties: Bonds cover damages affected by third parties due to non-compliance.
• Examples: Public property, utility systems, vehicle oversized loads.

Summary and Characteristics of Licence and Permit Bonds

• Characteristics of License and Permit Bonds:
  • Bond limits are typically low and predefined by regulations.
  • Cover statutory obligations.
  • Match the term of licenses or permits.
  • Most bonds are cancellable with proper notice.

Judicial Bonds - Overview

• Definition and Purpose: Judicial bonds are prescribed by statute and used in legal proceedings.
• Types of Courts Involved: Probate courts (estate settlements, guardianship); Courts of equity (specific performance).

Court Bonds - Plaintiffs' and Defendants' Bonds

• Plaintiffs' Bonds: Required when a plaintiff seeks a non-monetary remedy (like specific performance).
• Guarantees plaintiff's compensation if the case is lost.
• Defendant's Bonds: Allow defendants to retain property or continue actions.

Attachment Bond

• Purpose of Attachment Bond: Required before a court seizes property on behalf of a plaintiff.

• Guarantee: Ensures defendant is compensated if the court rules against the plaintiff.

• Release of Attachment Bond: Allows the defendant to regain property possession.

• Guarantees plaintiff's compensation if they win.

Injunction Bond

• Purpose of Injunction Bond: Enforces/prevents actions during court proceedings.

• Preventing a demolition of a historically valuable building.

Appeal Bond

• Purpose of Appeal Bond: Required for a plaintiff or defendant who appeal legal decisions.
• Guarantees payment of all costs and judgments in case of failing the appeal.

Fiduciary Bonds - Overview

• Definition of Fiduciary Bonds: Bonds for people managing the affaors or property of others.
• Purpose: Guarantees that the fiduciary acts in the best interests of the beneficiaries.

Administrators and Executors Bonds

• Purpose: Guarantees faithful administration of a deceased estate.
• Responsibilities: Collecting assets, paying debts, court accountings, and distributing assets.

Guardians and Committees Bonds

• Purpose: Required when a guardian is appointed to manage a minor's or incompetent person's affair.
• Guarantee: Ensures proper management. Protects the individual's property and adherence to court directives.

Trustees in Bankruptcy Bonds

• Purpose: Manages liquidation and distribution of bankruptcy assets.
• Requirements: Trustees follow Bankruptcy Act and serve in creditors' best interests.

Miscellaneous Bonds - Overview

• Definition and Purpose: Covers diverse obligations imposed on one party by another.

• Common Examples: Customs and Excise Bonds, Lost Document Bonds, Consignment Bonds, Utility Payment Bonds, and Land Restoration Bonds.

• Customs and Excise Bonds: Guarantee payment of provincial and federal taxes.

• Lost Document Bonds: Replacement for lost documents (e.g., stock certificates).

• Consignment Bonds: Ensure goods return or payment of sales.

• Utility Payment Bonds: Ensure timely payment of utilities.

• Land Restoration Bonds: Guarantee land restoration.

Lost Document Bond

• Purpose: Used to ensure replacement of a valuable document (e.g., stock certificate).
• Types: Open Penalty (unlimited liability), Fixed Penalty (limited liability).
• Consignment Bond: Guarantees goods or proceeds are returned to the owner.

Utility Payment Bond

• Ensures payment to utility providers.

• Use Case: Required for businesses when receiving utility services.

Land Restoration Bond

• Guarantees land restoration to its original conditions.

• Example: Mining operations.

Interpreting Financial Statements - Work in Progress Reporting

• Challenge in Interpretation: Income reporting for work in progress varies, impacting financial assessments.

• Two primary accounting methods:

  • Completed Contract
  • Percentage of Completion.

Completed Contract Method

• Definition: Profit/loss recognized upon project completion; cost recording as incurred but income is delayed.
• Advantages and Disadvantages: Allows deferral of tax on project profits but distorts financial position by delaying income recognition.

Percentage of Completion Method

• Definition: Earnings calculated as a percentage of the contract price based on work completed.; recognizes profit or loss over time.
• Advantages and Disadvantages: Accurate picture of financial health; highlights potential cash flow issues (i.e. over-billing, under-billing).

Adjusting Completed Contract Statements

• Conversion to Percentage of Completion: Contractors can use the Percentage of Completion Method to convert figures from the Completed Contract Method.
• Identifying Financial Issues: Losses under Percentage of Completion Methods may not be reflected in Completed Contract reports.

Key Information for Underwriting (Work in Progress Report Essentials)

• Essential information for underwriting.
• Purpose: Comprehensive view of ongoing projects; assesses working capital and resource allocation.

Setting Bond Limits and Project Scope

• Setting Bond Limits: Limits are set based on job size, work in progress, and all bonded and unbonded work.
• Impact of Unbonded Projects: Unbonded job issues can affect the bonded jobs.
• Surety underwriters do not separate bonded from unbonded work for higher bond limits.

Maintaining Contractor Stability

• Importance of Contractor-Provided Guarantees: Surety confidence in contractor's potential for default and to avoid default (backup measures strengthen surety positions).
• Types of Backup Positions: Indemnity agreements, third-party indemnities, collateral security, and subordination.

Additional Business and Credit Information

• Fixed Asset Schedule: Lists original cost, book value, and market value of assets.
• Principal Suppliers: Information on suppliers and payment history.
• Insurance Coverage: Details on types, coverage amounts, and liability limits.

Business Planning and Financial Position

• Business Plan: Sales, profit forecasts, and expected return on working capital.
• Receivables and Payables: Details of receivables and payables; sureties assess payment reliability.

Determining the Bond Limits - Importance of Financial Statements

• Why Financial Statements Matter: Financial statements indicate financial health, providing bonding capacity.
• Key Financial Metrics: The focus is on working capital, net worth, and profitability.

Working Capital

• Definition and Formula: Working capital is calculated by subtracting current liabilities from current assets.
• Liquid Assets: Include cash, stocks, and accounts receivables.
• Factors Affecting Working Capital: Include factors like labor costs, material costs, and contractor payments.

Net Worth

• Definition and Formula: Net worth is total assets minus total liabilities.
• Importance of Retained Earnings: High retained earnings reflect growth and indicate bonding potential.

Profitability and Bonding

• Profitable operations enhance working capital and net worth, thus supporting bonding capacity.

• Persistent low profitability reduces bonding eligibility over time.

• Asset Injection: Contractors can increase their financial assets to meet surety requirements.

Project and Performance History

• Completed Work Record: Major projects, contract values, dates, and profits.
• Work in Progress Record (details on unfinished projects).

Test your knowledge on the key concepts of surety bonds, including their purpose, types, and essential terms. This quiz covers the underwriting principles known as the 'three C's' and explores the various types of surety bonds and their definitions.