Surety bonds are a unique form of insurance that involves a three-party agreement. They are typically required by law to ensure that a person or business completes a task or conducts business according to laws and regulations.
A surety bond legally promises someone that the bonded principal will fulfill certain obligations and that they will compensate the obligee if necessary. This is unlike a traditional insurance policy, where the insurance company expects to suffer losses.
What is a surety bond?
A surety bond is a written agreement between three parties. The principal (the company or individual requiring the bond), the surety company (insurance company) and the obligee (the party guaranteed by the bond). The surety bond guarantees that obligations will be met. This could mean fulfilling a contract with a local government agency, complying with court orders or meeting the terms of a construction project.
A big misconception about surety bonds is that they are insurance. While they can help protect your small business from certain perils and losses, surety bonds are more like a guarantee that you will do what you say you will do.
If a customer feels they weren’t paid for services you promised, they can file a claim with the surety bond and be compensated up to the covered amount of the builder bonds in California. However, just like an insurance policy, you will have to pay back the money you are obligated to pay under the bond in order to prevent future claims by others.
A surety bond is a type of security that is more flexible than other forms of collateral, such as cash or property. This is because a surety bond allows the principal to use assets that are not directly tied up in the case of a claim, rather than being required to put up assets as security.
What is the obligee of a surety bond?
A surety bond legally binds together three parties: the principal, obligee and surety company. The obligee is the party that requires the bond in order to conduct business or complete a project. This could be a government agency, private developer or another individual or entity that wants a guarantee that the principal will meet their contractual commitments or comply with certain laws.
The bond protects the obligee from financial harm should the principal fail to honor their agreed upon obligations. The obligee then files a claim with the bond’s provider, who verifies the claim and then pays it out to the obligee up to the bond amount.
Unlike traditional insurance, which is a two-party contract, a surety bond is a three-party agreement that legalizes the responsibility of one party to pay for the losses of another. There are hundreds of different types of surety bonds, spanning a wide variety of industries and legal situations.
Each industry and governing authority set its own surety bond requirements, so contact the relevant regulating body for more information about your specific bonding needs. For example, motor vehicle dealers in New York must be bonded to sell vehicles. Viking Bond Service can help you obtain the right bond for your situation. Get started now by filling out our quick and easy online application.
What is the principal of a surety bond?
The principal is the person or business named on a surety bond. They are the one who promises to meet the obligations outlined in the bond’s criteria, like following state laws regarding insurance agents. In cases where a claim is paid out, the principal is responsible for the claim amount back to the surety company.
Usually, the obligee is the party that requires the principal to obtain the bond, like a government agency or employer. This is the party who will benefit from the bond as it protects them against fraud, dishonesty, sudden bankruptcies and other liabilities that can be associated with a business.
Surety bonds are more flexible than other types of security and are a great alternative to putting up assets as collateral. As an added benefit, the principal can keep their own assets free to use for other purposes if they choose to obtain a surety bond instead of a deposit.
Before a principal can purchase a surety bond, they must be approved by the surety company that issues it. This process is called underwriting and it’s designed to assess the risk of a particular applicant and ensure that they can cover any claims made against them. The underwriter will look at the principal’s financial background and credit history to determine if they are eligible for a surety bond.
What is the surety company’s role in a surety bond?
The surety company acts as the financial backer of the bond. The principal contacts the surety agency to obtain a bond for an obligation such as fulfilling a contract, meeting state regulations or conducting business in a certain way. The surety company reviews the principal’s qualifications to ensure that they can fulfill the obligation and meet any required conditions.
If the obligee feels that the principal hasn’t met their obligations, they can file a claim with the surety company seeking financial compensation for damages. The surety company then investigates the claim and makes a decision on whether or not it will pay out the claim. The principal is then responsible for reimbursing the surety company for any claims paid out on their behalf.
Unlike insurance policies where the insurer is on the hook if something goes wrong, a surety bond’s liability is limited to the bond amount. The official surety bond document typically includes a one or two page “bond form” with information on the bonded person, their owners and the surety company.
There are thousands of different types of surety bonds and requirements vary widely by state and industry. Check with the relevant regulatory authority in your area to find out more about specific bonding requirements for your business. Often, bonding is combined with other forms of insurance to create comprehensive risk management strategies for businesses.