1 / 20

Protection for Third Party Vendor Contracts

Protection for Third Party Vendor Contracts. Surety Bonds For Public Entities. Why Bonds Are Required. Miller Act of 1935 For federally funded public works projects over $150,000 “Little Miller Acts” For state & local public works projects. What is a Surety Bond?. Principal (Vendor).

nancybryant
Download Presentation

Protection for Third Party Vendor Contracts

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Protection for Third Party Vendor Contracts Surety Bonds For Public Entities

  2. Why Bonds Are Required • Miller Act of 1935 • For federally funded public works projects over $150,000 • “Little Miller Acts” • For state & local public works projects

  3. What is a Surety Bond? Principal (Vendor) Obligee (Public Entity) Surety (Guarantor)

  4. Surety Bonds Vs. Traditional Insurance

  5. Elements Of Prequalification Capital Capacity Character

  6. Capital: Financial Strength Capital • Financial statements • Net worth • Cash flow • Indemnity

  7. Capacity: Ability to Perform Capital • Financial statements • Working capital • Net worth • Cash flows • Indemnity Capacity • Resumes • Contingency plan • Business plan - short & long term • Equipment

  8. Character: References & Reputation Capital • Financial statements • Net worth • Cash flows • Indemnity Capacity • Resumes • Contingency plan • Business plan - short & long term • Equipment Character • Reputation • Relationships • References

  9. Role of the Underwriter • Review obligations • Determine the risk • Provide qualified principal to owner Underwriter

  10. Underlying Agreement • Primary instrument to establish risk associated with the guarantee • Requirements contained in the contract documents

  11. Functions of Surety Bonds • Competitive bidding process • “On time performance” • Save tax dollars • Protect taxpayer dollars Surety Bonds

  12. The Advantages Of Surety Bonds • Qualified vendors • Competitive pricing • Timely contract performance • Quality product • Financial recourse • Insulates public officials • Efficient management of public works administration • Protect taxpayer dollars Surety Bonds

  13. Surety vs. ILOC ILOCBond • Financial prequalification Yes Yes • Capabilities prequalification No Yes • Review of contract documents and guarantee forms No Yes • Guarantee completion No Yes • Warranty period covered No Yes • Cancellable Yes No/Yes • 100% coverage No Yes • Impact on bank line Yes No

  14. An Owner’s Guide To The Surety Claims Process

  15. When Problems Arise .... • Keep the surety informed of the principal’s progress • If principal defaults, submit written declaration of default • Allow the surety time to investigate the claim Obligee

  16. Surety’s Responsibilities In a Claims Situation • Principal’s contractual obligations • Obligee’s contractual obligations • Principal’s defense • Whether the obligee has met its obligations Surety

  17. Managing The Claims Process • Be cognizant of legal position • Avoid improperly worded letters • Written notice of known problems • Ask for a specific response Obligee

  18. Surety Responsiveness • Be reasonable in your expectations • Be diligent in providing notice & maintaining records • Contact insurance commissioner Obligee

  19. The Advantages Of Surety Bonds • Qualified vendors • Competitive pricing • Timely contract performance • Quality product • Financial recourse • Insulates public officials • Efficient management of public works administration • Protect taxpayer dollars Surety Bonds

  20. Your Surety Professional Is Your Consultant Financial Security Qualified Principals

More Related