1. Surety & The US Nuclear Renaissance

    September 18, 2009 by Bryan Kelly

    A nuclear renaissance has begun in this country.

    Here is a cursory overview of what is coming and when, respectively: “Proposed New Nuclear Power Plants” and “First Wave or Second Wave?”. As you can see, the plans span decades. That is because nuclear energy facility construction requires years of wide-ranging and comprehensive planning, licensing and financing efforts. All of this is changing rapidly, but it is already underway. The extent of the work that will be bonded is not clear, but given the the risks, public responsibilities and probable general contractors, the use of construction contract surety bonds is likely. My personal opinion is that it is highly advisable, and I have written about it here:

    Surety Bonds for Nuclear Energy Facility Construction Cost-Savings.

    On a personal note, I should mention that before I had ever heard of a surety bond, I was involved in the tail-end of the last round of new nuclear construction in several capacities. I have been following the progress of the nuclear renaissance for about a year now, reading everything available and finally meeting some of the people involved in June. There is no primary source for this news and information, but there is an extensive blogosphere covering the developments. There are few traditional sources covering this other than highly-specialized, expensive paid sites and studies, very few of which specialize in the construction side of the nuclear industry, much less matters of interest to surety.

    I would summarize my findings simply by saying that it looks like there is a sizable new market opportunity awaiting, but it is fraught with unfamiliar risks, particularly in regard to construction standards as well as nuclear and environmental regulations, state, federal and local. This is a whole other world of construction, folks.

    “How big is that market?” I hear you asking. Well, $188 billion is one number that was floating around last last year. And at the National Press Club in July, Senator Lamar Alexander of Tennessee announced a $700 billion plan to almost double the number of reactors nationwide. There is similar legislation pending in Congress, e.g., the American Energy Act.
    I am loathe to put a number on it myself, and hereby chastise the mainstream construction press for being so late to the game reporting on this with any kind of comprehensive summary. The numbers on the board change frequently for reasons including: federal licensing, corporate fluctuations, financing, federal loan guarantees and state approvals, listed here in no particular order. But I would submit that they are indeed substantial.

    Due to their sheer size, complexity and duration, these projects do not easily lend themselves to bonding in their entirety. But some proportion of bonding is probably feasible for many of the subcontracts and large fabrications. In fact, “modularity” is a phrase used a lot in the renaissance circles, and that ties-in very well with surety, at least in my opinion. The overall financial guarantees for the general contracts with the utilities are mostly confidential, thus not revealed on the state utility regulatory websites. But just to give you number-hungry sureties one red-meat example, the first new project underway is Plant Vogtle 3 & 4 in Georgia, at $6.446 billion, so sharpen your pencils boys and girls. Other projects on the boards may be higher or lower, as some are expansions at existing facilities and others completely new. At least one of the general contractors involved has mentioned that there may be a need for financial guarantees for its subcontractors, citing surety bonds specifically. For a number of reasons, I think it can be expected that others will soon follow suit, if they have not already done so. You might want to give the old “heads-up” to reinsurers, as nuclear exclusions are prevalent in insurance and surely confusion will ensue among that quarter. Sureties which predominantly bond smaller subcontractors should also take note and dust-off the old guidelines from thirty years ago before they are blindsided. Questions may be forthcoming.

    Bear in mind, these are only the domestic projects, dwarfed by what is planned worldwide. China, India, Brazil, Italy, the UAE, Finland and even Saudi Arabia are all in the mix. Those of you in international markets may have even greater opportunities there.

    The surety industry has a lot to offer in this effort, as I’ve argued in the other post. I see it as an opportunity that should be explored.

    by Surety Insider






  2. Stimulus Package: Pros & Cons For The Construction Industry

    February 24, 2009 by Michael Weisbrot

    The stimulus package is absolutely gigantic. So much so, I thought I would create a list of pros and cons related to the construction industry pertaining to the bill. Many of the cons are items that the industry was pushing for, but did not get.

    Overall, the bill looks like a victory for the construction and surety industries. See below for details.

    PROS: CONS:
    The biggest investment in infrastructure for 50+ years
    No specified amount for school construction
    Passed with $8 billion towards high-speed rail (previous Senate version included $2 billion, while previous House version included $0)
    “State fiscal-stabilization� funds cannot be used for new construction of schools, only modernization
    General Stimulus: $110.7 billion (35%) is appropriated for projects in 2010 General Stimulus: Only $34.8 billion (11%) of the $308.3 billion will be spent on “shovel-ready� projects by 9/30/09, the fiscal year end for 2009
    Infrastructure Stimulus: 50% of funds spent on work to be started within 120 days of the enactment
    “Use it or lose it� policy for DOT, a 50% expenditure for within 120 days “Use it or lose it� policy is not in force for the following departments, but they must report to Congress on how they are spending their funds:
    DOD & VA – 30 days
    GSA – 45 days
    “Build America� tax-credit bonds can be issued by local and state governments in 2009 & 2010
    Small businesses may deduct income up to $250K of capital expenditures as well as a 50% deduction on depreciable assets (e.g. construction equipment)
    Businesses can carry 08’ operating losses to offset profits from previous years Only companies with less than $15 million in revenue can qualify
    A bill that requires public companies to withhold 3% of their contracts will no longer be effective for 2011 The bill will be effective for 2012





  3. Insurance and Surety Concerns For 2009 State Legislatures

    by Heidi Wolf

    Along with many other issues, The 2008 November Presidential election and economy has changed some of the makeup of the state legislative agendas. Like the battle of some in Congress to the industry’s use of information from credit reports, limitations on the use of credit scores are likely in many states in which the Democrats have gained control of both chambers of the legislature. So far, the legislation has been restricted mainly to personal lines insurance.

    Due to these recent changes, there are some added subjects that are expected in the state legislation in 2009 that have either been created or revitalized from the recent political and economic state of affairs. These subjects are listed below:

    Antitrust

    The Florida Senate Banking and Insurance Committee is revising the repeal of the insurance industry’s exemption under the Florida antitrust statute. The next Senate President kicked off this topic late last year. Application of the state antitrust laws to the insurance industry and to advisory and statistical groups, such as SFAA, is mainly unchartered waters. There is minor case law or enforcement of state antitrust laws against the industry, mostly due to state exemptions that reflect the federal McCarran Act.

    Bad Faith

    The trial bar is presumed to push bad faith legislation to Florida, Idaho, Louisiana, Michigan, Minnesota, Oregon and Washington. SFAA will evaluate all bills for application to both surety and fidelity bonds. The extra states in which there are concerns with the trial bar that could generate bad faith or other anti-tort development measures are: California, Colorado, Illinois, Nevada, New York, Pennsylvania, and New Jersey.

    Regulation of Credit Default Swaps (CDS) Given the position that credit default exchanges played in the meltdown on Wall Street, a few state insurance regulators may try to regulate CDSs as insurance, or as surety or financial guarantee, depending on the descriptions and other licensing and capital and financial regulations in their insurance code. A CDS is a contract under which the supplier guarantees the consumer to pay upon the event of a credit incident, usually a failure to pay, at an exact entity.

    The Missouri Insurance Department just released a bulletin affirming that it will standardize particular CDS as surety as of January 1, 2009, while the Department will use good judgment in its enforcement authority to the degree of any wide-ranging federal regulatory scheme is created for CDSs. Sellers of CDSs have to be licensed in Missouri, abide by the capitalization requirements, and agree to financial and market conduct regulation as insurers.

    New York will be a key state because New York law usually has governed regarding the regulation of surety and financial guarantees because of the extraterritorial statute the Appleton Law. While New York initially confirmed that it would look into regulating CDSs as insurance in some way, in more recent proof in Congress, the Department stated that it would wait to see what development federal regulators made on addressing these free products. The New York legislature will carry out a hearing on CDSs in early December. There was legislation initiated in Congress late this year to demand every swap and copy to be traded on a regulated exchange. A number of the federal banking and securities regulators have stated that they are in the process of working on a clearing house for these transactions so that all the suitable regulators will have information required to observe and reduce the risk in these connections.






  4. The Uniform Trust Act

    February 22, 2009 by Matt Gerdes

    In recent years trusts have been used more frequently, both in family estate planning as well as commercially in transactions. Along with the greater use of trusts came the understanding that trust laws were varied greatly from state to state and were considered thin at best. In an attempt to codify generally practiced and accepted common law principles regarding trusts, the National Conference of Commissioners on Uniform State Laws created the Uniform Trust Code (UTC) in regards to the creation of a uniform code for all fifty states.

    Most law governing the regulation of creation and administrative duties of trusts in the United States have become statutory at the level of the state. The Uniform Trust generally involves three parties in its creation as well as its regulation of administrative duties. The first is the grantor or settler who is the individual that has created the trust; a trustee who oversees and manages the trust and its assets; and a beneficiary who, much like the title suggests, receives the benefit of the administrated trust.

    The Grantor of a trust is simply the individual who has decided to create the trust by making a trust agreement which outlines the terms and conditions of the trust. Generally such a trust is revocable in that the Grantor retains the ability alter, change or revoke the trust at any time unless the terms of the trust specifically mentions otherwise.

    The Trustee is the person or persons who manage the trust and all of the duties that are required to make the trust function properly. Unlike the Grantor position, a trust may have only one trustee or multiple trustees. This position is responsible collect trust assets, pay expenses and enforce or defend claims in its interests.

    The Beneficiary as defined by the Uniform Trust Code is the person that has a present or future beneficial interest in the trust. These individuals are the holders of equitable title of trust assets and receive all the benefits of the trust property. The Beneficiary is also subject of the Trustee’s legal title ownership as well as control under the terms and conditions of the trust agreement dictated by that of the Grantor.

    To date, twenty states have adopted some substantive form of the Uniform Trust Code and executed the laws as they see fit. Despite the fact that an attempt has been made to make all participating states uniform in regards to the handling of these trusts, each state has adapted the law as they see fit. The three most recent states that have tried to pass this new bill would also require a bond from the trustee to regulate their duties if the court decides on the necessity of protecting the interests of the Beneficiary. The court would also be granted the ability to set the price of the bond, the terms of liability and alter or terminate the bond at any time. Only Arizona has passed and enacted this bill, while Connecticut and Oklahoma defeated it.






  5. Considerations when shopping for Surety Bonds

    February 20, 2009 by Matt Gerdes

    As a consumer of any type of purchase, the first thing that comes to mind for consideration is the final cost of the product. This same methodology rings true when shopping around for your surety bond needs, but this should not be the purchaser’s only concern. Aside from the bottom-line cost of the bond, there are several other factors that should be taken into account before settling down with the agency that is writing your bond. These include the surety’s financial strength, the requirements that must be met for the renewal of the bond, as well as attentiveness from the agency that will be writing the bond.

    A good rule of thumb when doing a background check on a potential surety is looking up the Federal Treasury list. Every year surety companies are rerated by organizations like A.M. Best. They are given a letter grade that corresponds with the information submitted. Any agent worth a grain of salt will have this information readily available for you, as they represent the surety.

    It is a good idea to find an agency that has experience in the industry that you are getting your bond in. The more experience the agency has will ease the transition and help with the expedition of the bonding for your industry.

    When it comes down to the requirements that must be met for the renewal of the bond, there is a considerable difference from company to company. Some sureties will ask for periodical financial updates on the account that they have with their clients. These include, but are not limited to business financial statements such as balance sheets and profit and loss statements, credit reports as well as personal financial statements for the owner’s of the company. These updates are used for the guidelines that are established by the bond companies themselves, if at any time the requirements are not met, the bond will simply be terminated despite the how long the bond has been continuing.

    Perhaps one of the most important and overlooked factors when determining a bonding agency is their customer service. Don’t be afraid to ask for referrals and client testimonials from the agency. Bond agencies should provide friendly customer care service. Another consideration should be the ability to quickly and efficiently turn bonds around and get them to their clients, especially if it is a contract bond. A strong relationship with a good agent can even yield helpful advice and alternatives even if they are unable to get to provide the desired bond.

    Just like anything else that is purchased, there is more to buying a surety bond then just the cost of the bond itself. It is always a wiser decision to weigh all of these factors when considering any potential agency providing bonds so that you get a complete package that is right for you.














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