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SURETY AND FIDELITY BONDS
A Surety
Bond is a three-party agreement whereby the surety guarantees to
the obligee (the project owner) that the principal (the contractor)
is capable of performing the contract in accordance with the
contract documents.
Performance of the contract, which is the subject of the bond,
determines the rights and obligations of the surety and the obligee.
There are Contract
Surety Bonds and Commercial Surety Bonds.
Contract Surety Bonds include:
A bid bond
provides financial assurance to the owner/obligee that the bid has
been submitted in good faith, and that the contractor/principal
intends to enter into the contract at the bid price and ultimately
provide the required performance and payment bonds.
A performance bond protects the owner from non-performance
and financial exposures should the contractor default on the
contract. It is directly tied to the underlying contract and if the
contractor is unable to perform the contract, the surety has
responsibilities to the owner and contractor for project completion.
A payment bond, sometimes called a labor and material bond,
protects certain subcontractors, laborers, and material suppliers
against nonpayment by the contractor. Generally, these claimants may
seek recovery directly from the surety company under the payment
bond. It also protects the owner from these subcontractors asserting
their right to file a lien against the owner’s project for
non-payment.
A maintenance bond guarantees against defective workmanship
or materials for a specified period.
A subdivision bond guarantee to a city, county, or state that
the principal will finance and construct certain public improvements
to the infrastructure such as street, sidewalks, curbs, gutters,
utility sewer and drainage systems.
Commercial Surety
Bonds include:
License and permit
bonds, which are required by state law or local regulations in
order to obtain a license or permit to engage in a particular
business, e.g. contractors, motor vehicle dealers, securities
dealers Blue Sky bonds, employment agencies, health spas, grain
warehouses, liquor, and sales tax.
Judicial and probate bonds, also referred to as fiduciary
bonds, secure the performance on fiduciaries' duties and compliance
with court order, e.g. administrators, executors, guardians,
trustees of a will, liquidators, receivers, and masters. Judicial
proceedings court bonds include injunction, appeal, indemnity to
sheriff, mechanic's lien, attachment, replevin, and admiralty.
Public official bonds, which guarantee the performance of
duty by a public official, e.g. treasurers, tax collectors,
sheriffs, judges, court clerks, and notaries.
Federal (non-contract) bonds are those required by the
federal government, e.g. Medicare and Medicaid providers, customs,
immigrants, excise, and alcoholic beverage.
Miscellaneous bonds, e.g. lost securities, lease, guarantee
payment of utility bills, to guarantee employer contributions for
Union fringe benefits, and workers compensation for self-insurers.
EXAMPLES
OF SURETY AND FIDELITY BONDS |
Adjusters surety bonds |
Farm Products Brokers bonds |
Photocopiers
surety bonds |
Appraisers surety bonds |
Fidelity Dishonesty bonds |
Plumbing Contractors bonds |
Auctioneers surety bonds |
Games of Chance surety bonds |
Postal Contract Station bonds |
Auction Company surety bonds |
Immigration Consultants |
Private School surety bonds |
Auto Dealers surety bonds |
Immigration Assistant NY |
Private Sewage Disposal |
Auto Registration Service |
Insurance Adjusters bonds |
Private Water Systems bonds |
Auto Title surety bonds |
Insurance Agents surety bonds |
Process Servers surety bonds |
Billboards surety bonds |
Insurance Producers bonds |
Public Adjusters surety bonds |
Screen Actors Guild bonds |
Insurance Brokers surety bonds |
Public Officials Fidelity bonds |
Care Facility surety bonds |
Inventory Service fidelity bonds |
Roofing Contractors bonds |
Certificate of Title surety bonds |
Janitorial Fidelity bonds |
Sales Tax surety bonds |
Contract surety bonds |
Legal Document Assistant |
School Bus Drivers bonds |
Contractors Bid surety bonds |
License bonds (misc) |
Secondary School surety bonds |
Contractors License bonds |
Liquor License & Permit bonds |
Tax Preparers bonds |
Contract Payment bonds |
Lost Trust Deed surety bonds |
Tax Preparers E&O Insurance |
Contract Performance bonds |
Mortgage Bankers surety bonds |
Transportation
Broker |
Deferred Deposit surety bonds |
Mortgage Brokers surety bonds |
Truckers Highway surety bonds |
Delayed Deposit surety bonds |
Motorcycle Dealers bonds |
Truckers Permit surety bonds |
Dry Cleaners bonds |
Notary Public surety bonds |
Unlawful Detainer Assistant |
Employee Dishonesty bonds |
Notary Public E&O Insurance |
Utility Deposit surety bonds |
Employment Agency bonds |
Payday Loan surety bonds |
Vehicle Registration Service |
ERISA Pension Trust fidelity |
Permit Bonds (misc) |
Wholesale Auto Dealers bonds |
Escrow Agents surety bonds |
Pet Sitting Fidelity bonds |
Wholesale ATV Dealers bonds |
Escrow Company fidelity |
Pharmaceutical bonds |
Wholesale Motorcycle Dealers |
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H.B. 985
concerns surety bonds for construction or maintenance contracts.
A surety bond shall be required of the successful bidder in an
amount equal to the awarded contract price. However, the
department may choose, in its discretion and applicable only to
multiyear maintenance contracts, to allow for incremental annual
contract bonds that cumulatively total the full, awarded,
multiyear contract price. For a project for which the contract
price is $250,000 (currently $150,000) or less, the department
may waive the requirement for all or a portion of a surety bond
if it determines the project is of a noncritical nature and
nonperformance will not endanger public health, safety or
property. (5-4-07: In House; taken up, concurred; Committee
substitute passed as amended; ordered engrossed, then enrolled)
H.B. 1077 relates to the city of Key
West; removes certain surety requirement; provides that board
may accept lowest cost or best bid; revises provision relating
to contracts. (5-2-07: In Senate; withdrawn from Rules; placed
on local calendar; read second and third times; Committee
substitute passed; in House; ordered enrolled)
H.B. 1153 relates to Hillsborough County
Aviation Authority; amends a special act regarding the award of
contracts; increases the minimum amount at which certain
contracts are subject to competitive bidding or require sureties
($15,000 to $50,000). (5-2-07: In Senate; withdrawn from Rules;
placed on local calendar; read second and third times; passed;
in House; ordered enrolled)
H.B. 1217 relates to winery shippers;
provides requirements for licensure; shippers must file a $5,000
bond. (5-4-07: Died in Jobs & Entrepreneurship Council)
H.B. 1283 relates to black business
investment; provides that the Board is authorized to establish,
with or without public or private partners, guarantor funds to
assist qualified black business enterprises in obtaining surety
bonds and other credit instruments when required. (4-30-07: In
Senate; read third time; Committee substitute passed; in House;
ordered enrolled)
H.B. 1285 relates to construction liens;
requires a performance bond for certain contracts with private
entities for specified public works projects; requires that
certain notices by claimants be in writing; provides for owner
and contractor to agree to furnishing of payment bond. (5-3-07:
In Senate; read third time; Committee substitute passed; in
House; ordered enrolled)
H.B. 1381 relates to branch insurance
agencies; authorizes certain licensed agents to be agent in
charge of branch locations under certain circumstances; provides
limitations; provides that public adjusters shall maintain the
$50,000 bond unimpaired throughout the existence of the license
and for at least one year after termination of the license.
(5-2-07: In Senate; read third time; Committee substitute
passed; in House; ordered enrolled)
H.B. 1395 relates to Coral Springs
improvement district; increases minimum contract bid amount and
provides additional requirements for procurement of goods or
services. (5-2-07: In Senate; withdrawn from Rules; placed on
local calendar; read second and third times; Committee
substitute passed; in House; ordered enrolled)
H.B. 1447 relates to video lottery; each
video lottery retailer shall post a bond in an amount determined
by the department which is sufficient to guarantee the payment
of revenue due in any payment period. (5-4-07: Died in Jobs &
Entrepreneurship Council)
H.B. 1489 relates to public project
construction bonds; specifies amounts, criteria and requirements
for payment and performance bonds. (5-3-07: In House; concurred;
Committee substitute passed as amended; ordered engrossed, then
enrolled)
H.B. 1505 relates to regulation of
venomous reptiles, including requirements for licensing for
capturing, keeping, possessing, transporting or exhibiting them;
increases the bond from $1,000 to $10,000. (5-1-07: Substituted
by S.B. 2766; laid on table)
H.B. 7075 is similar to H.B. 985.
(5-4-07: Died in Conference Committee)
S.B. 126 relates to winery shippers;
requires licensees to file a $5,000 bond for payment of all
taxes, unless the volume of business is such that a bond of less
than $5,000 will be adequate, in which case a lesser bond will
be accepted but not less than $1,000. (5-4-07: Died in Criminal
Justice)
S.B. 698 relates to Florida Commercial
Anti-Pornography Act; provides that in an action brought under
this section, upon a motion filed by the party against whom the
action is brought alleging that the action is frivolous, without
legal or factual merit, or brought for the purpose of
harassment, the court may, after hearing evidence as to the
necessity therefor, and after review of the alleged pornographic
materials, require the party instituting the action to post a
bond in an amount not to exceed $ 10,000, which the court finds
reasonable to indemnify the defendant for any damages incurred,
including reasonable attorney's fees. (5-4-07: Died in Commerce)
S.B. 1270 provides that contractors paid
from university funds shall give bond for the faithful
performance of their contracts in such amount and for such
purposes as prescribed by § 255.05 or by rules of the board of
governors relating to the type of contract involved. It shall be
the duty of the university board of trustees to require from
construction contractors a bond adequate to protect the board
and the board's funds involved. (4-24-07: In House; read third
time; Committee substitute passed; in Senate; ordered enrolled)
S.B. 1810 creates the Florida Security
and Immigration Compliance Act; prohibits public employers and
the Department of Transportation from entering into contracts
for physical performance of services within the state with
contractors not registered and participating in the Federal Work
Authorization Program by a specified date; provides procedures
and requirements regarding registration of contractors and
subcontractors. (5-4-07: Died in Military Affairs and Domestic
Security)
S.B. 1928 relates to transportation.
Notwithstanding § 255.05, the Orlando-Orange County Expressway
Authority may waive payment and performance bonds on
construction contracts for the construction of a public
building, for the prosecution and completion of a public work,
or for repairs on a public building or public work that has a
cost of $500,000 or less, and when the project is awarded
pursuant to an economic development program for the
encouragement of local small businesses that has been adopted by
the governing body of the Orlando-Orange County Expressway
Authority pursuant to a resolution or policy. (5-3-07:
Substituted by H.B. 985)
S.B. 2090 relates to public building
construction bonds; increases from $200,000 to $500,000 the
value of such contract for a county, municipality, political
subdivision or public authority which may be exempted from the
requirement to execute payment or performance bonds. (5-4-07:
Died in Regulated Industries)
S.B. 2376 clarifies provisions that
require contractors who contract with state or local government
for certain public buildings or public works to provide
performance and payments bonds equal to the full contract
amount; allows set off in amount of certain bonds required to be
provided by subcontractors. (5-1-07: Substituted by H.B. 1489)
S.B. 2380 requires eligible nonpublic
schools to demonstrate fiscal soundness by being in operation
for one school year or provide the Department of Education with
a statement by a CPA confirming that the nonpublic school
desiring to participate is insured, and the owner(s) have
sufficient capital or credit to operate the school for the
upcoming year serving the number of students anticipated with
expected revenues from tuition and other sources which may be
reasonably expected. In lieu of such a statement, a surety bond
or letter of credit for the amount equal to the scholarship
funds for any quarter may be filed with the Department. (5-2-07:
Substituted by H.B. 7145)
S.B. 2766 is the Senate companion to H.B.
1505. (5-2-07: In House; read third time; amendment failed;
Committee substitute passed; in Senate; ordered enrolled)
S.B. 2768 is the Senate companion to H.B.
1285. (5-2-07: Substituted by H.B. 1285)
S.B. 2804 relates to transportation;
provides that surety bonds for construction or maintenance
contracts shall be required of the successful bidder in an
amount equal to the awarded contract price; however, the
Department may choose, in its discretion and applicable only to
multiyear maintenance contracts, allow for incremental annual
contract bonds that cumulatively total the full, awarded,
multiyear contract price. For a project for which the contract
price is $250,000 (increased from $150,000) or less, the
Department may waive the requirement for all or a portion of a
surety bond if it determines that the project is of a
non-critical nature and nonperformance will not endanger public
health, safety or property. (5-4-07: Died on calendar)
S.B. 2860 is the Senate companion to H.B.
1283. (4-27-07: Substituted by H.B. 1283)
S.B. 2880 is related to S.B. 2804.
(5-4-07: Died in Transportation)
S.B. 2930 is related to H.B. 1153.
(5-4-07: Died in Rules)
S.B. 2934 is related to H.B. 1077.
(5-4-07: Died in Rules) |
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Risk
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Administration |
Outsourcing |
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M&A Review |
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