1. SBA Increases Surety Bond Program to $10 Million

    July 28, 2009 by Michael Weisbrot

    The SBA has increased their maximum bond amount for a second time this year. In February, we wrote an article on the stimulus bill which spoke of an increase from $2 to $5 million.

    Technically, the ceiling is still at $5 million (see: SBA FAQ). The changes allow up to $10 million only when “the contracting officer certifies that the guarantee is in the best interests of the government”. However, most news agencies are reporting it as a flat increase.

    The SBA surety program is quite paper intensive as is. Certainly, there will be more paperwork to show the contracting officer agrees that it is in the best interests of the government.

    One of the main differences in underwriting using the SBA program is how they calculate working capital.  Under the SBA program a bank line of credit is considered working capital, which is not the case with normal surety underwriting. This allows contractors to qualify for bond lines that are larger than they could obtain through traditional avenues. Unfortunately, the credit crunch has caused banks to reduce or close line of credits previously available to contractors.  Such changes to our financial system have had a direct impact on bond lines provided through the SBA program.

    This leaves me to wonder, would there be more benefit in reviewing the current SBA procedures rather than increasing the maximum bond amount? Sure, it wouldn’t look as good in the news headlines, but it might have more of an impact with the contractors they are trying to assist.






  2. Stimulus Package Impact On Surety Bond Industry

    February 18, 2009 by Michael Weisbrot

    The Federal government’s stimulus package will no doubt impact the surety industry. Will it mean business as usual for contract bond agents or a boom like we have never seen before?

    The sheer size of the bill is absolutely daunting to put it lightly. The bill includes roughly 130 billion in funds towards construction related projects. It is the largest infrastructure investment seen in this country for the last 50 years. Unfortunately, it is impossible to come up with an exact number for construction spending, as the bill allows some departments freedom to use the funds for non-construction related expenses (see: Revovery Bill).

    Stimulus Package Details

    The website www.recovery.gov is dedicated by the government to keep Americans in the loop on where funds are being spent; it is currently vague at best with a bar graph including some categories of where funds are to be spent. A link below the graph titled “learn more” shows us the same figues in a bubble chart. I doubt showing the same information in a different chart format will appease many.

    In all fairness, the bill was just passed yesterday so it might be a bit early to expect detailed information on the www.recovery.gov site. However, I am sure people will begin to demand more details to be provided since this is suppose to be an attempt at transparency through the use of the web.

    The Engineering News Record posted an article on 2/13/09 entitled, The Stimulus Bill Compromise, Sector by Sector. They did a better job at breaking out the spending, specifically what applies to the surety industry. According to ENR, the major categories are appropriated as follows:

    Transportation – $49.3 Billion
    • Highways: $27.5 billion
    • Transit: $8.4 billion
    • New discretionary grant program: $1.5 billion for highways, transit, rail, seaports, other projects. U.S. Dept. of Transportation would choose which projects would be funded
    • Airport Improvement Program construction grants: $1.1 billion
    • Rail: $9.3 billion, including allocations for Amtrak and high-speed rail
    • Port, transit, rail security: $300 million
    • DHS/Transportation Security Administration, procure, install airport explosives-detection, baggage-scanning equipment, $1 billion
    • Coast Guard, bridge alterations $142 million
    • Coast Guard, acquisition, construction, improvements $98 million
    ENERGY – $30.62 Billion
    • Electricity grid, including “Smart Grid” activities: $11 billion
    • Home weatherization assistance: $5 billion
    • Energy efficiency and conservation grants: $6.3 billion
    • Renewable-energy loan guarantees: $6 billion
    • Carbon capture and sequestration demonstration projects, $1.52 billion
    • Clean Coal Power Initiative, round III $800 million
    WATER AND ENVIRONMENT – $20.1 Billion
    • DOE environmental cleanup: $6 billion
    • EPA Clean Water and Drinking Water funds: $6 billion
    • EPA cleanup, including Superfund: $1.2 billion
    • Agriculture Dept., rural water and waste disposal facilities: $1.28 billion appropriations, to support $3.8 billion in loans and grants
    • Corps of Engineers civil works: $4.6 billion
    • Bureau of Reclamation: $1 billion
    BUILDINGS – $13.365 Billion
    • GSA federal buildings, energy-efficiency upgrades: $4.5 billion
    • Border stations, ports of entry: $300 million
    • Facilities on federal and tribal lands:$3.1 billion
    • Fire stations (federal grants): $210 million
    • GSA new Dept. of Homeland Security headquarters, $450 million
    • GSA U.S. Courthouses, other federal buildings, $300 million
    • Agriculture Dept. bldgs/facilities $ 200 million
    • Agriculture Dept. rural facilities $130 million (supports $1.234 billion in loans)
    • NIST construction $360 million
    • NOAA procurement, acquisition and construction $430 million
    • NASA construction (hurricane damage repairs) $50 million
    • National Science Foundation academic facilities modernization $200 million
    • NSF major research equipment and facilities construction $400 million
    • DHS consolidation $200 million
    • DHS ports of entry $420 million
    • Smithsonian facilities, $25 million
    • National Institutes of Health, grants for construction, renovation of non-NIH research facilities, $1 billion
    • NIH buildings and facilities (construction, renovation) $500 million
    • Social Security Administration, National Computer Center replacement, $500 million
    • State Dept. Capital Investment Fund, $90 million
    SCHOOLS – Unknown

    Roughly $39.5 billion out of the $53.6 billion total for the State Fiscal Stabilization Fund is set aside for local school districts. These funds allow for school modernization, but a precise amount for construction purposes is undecided at this time.

    HOUSING/HUD $9.6 Billion
    • HUD Public Housing Capital Fund: $4 billion
    • HUD redevelopment of abandoned and foreclosed homes: $2 billion
    • HUD energy retrofits, “green” projects in HUD-assisted housing projects: $250 million
    • HUD Community Development Block Grants (housing, services, infrastructure): $1 billion
    • HOME investment partnerships program $2,250
    • Lead paint abatement $100
    Defense & Veterans – $7.78 Billion
    • VA: $1.25 billion for hospital and other medical facility construction and upgrades
    • DOD: $4.240 billion for “facilities sustainment, restoration and modernization,” includes energy-efficiency improvements, plus repair and modernization of DOD buildings, including medical facilities.
    • DOD: $2.33 billion for facilities projects, including housing, hospitals, child-care centers, other military “quality of life” projects.
    OTHER – $100 Million
    • Security, border fencing, infrastructure, technology $100 million

    Below you will find a chart that breaks out the details of spending towards construction. The size of the chart speaks to the size of the bill, as we could not fit the graphic properly on the blog. Please click here for a full sized version of the chart.


    Bull Or Bear Surety Market?

    All of this government spending must lead to a large surge in surety premium, right? Of course, but will it offset the slump seen due to the current economic conditions? John Welch, President of CNA stated the following during CNA’s 2008 4th qtr. earnings call on 2/6/09:

    “The infrastructure part of the stimulus package from best I could tell looks to be anywhere $70 to $80, $90 billion, which is good and it’s great and we need it, but it still is relatively a small part of the overall construction spending in a full year.”

    Does this mean that an expert such as Mr. Welch is bearish on a surety premium boom? Think again…In the same CNA meeting Mr. Welch stated:

    “Our production was supported by the continued spending on public construction offset to some degree by the drop off in the private market. While there are strains on public construction spending, talk of a government stimulus package including public infrastructure spending give us some encouragement going forward.”

    In other words, we are going to need to wait to see how this all plays out.

    SBA Changes

    The SBA announced today that they will receive $730 million from the bill. What does this mean for the surety industry? How about a raise on the maximum allowable contract amount for the SBA Surety Bond Program from $2 million to $5 million, a 250% increase. In special circumstances, the SBA can now even consider contracts up to $10 million, or a 500% increase! The additional funds will also be used to expand the program further.

    Conclusion

    The economy has seen better days. Every day on the news we all hear about more layoffs from industry to inudstry. Hopefully the stimulus bill is the begining of our road to recovery.

    As one might guess, there is no clear answer on how the surety industry will weather this recession. Even the experts cannot predict what is going to happen, as this is uncharted territory for our industry and the country as a whole.

    Personally, I am an optimist and see the surety industry getting through this crisis better than most other industries. This is something we will all have to watch as it unfolds.

    Are you bullish or bearish on the surety industry? Leave a comment below!






  3. Why are Contract Bonds Required for Public Construction Projects?

    February 12, 2009 by Heidi Wolf

    Practically all of the public construction jobs in America are done by private sector firms. The jobs are typically rewarded to the lowest reactive bidder through the open competitive sealed bid system. Bid bonds play a crucial role in making this system work.

    A bid bond is in place to keep irresponsible bidders out of the bidding process by guaranteeing that the lowest bidder will enter into a contract and supply the required performance and payment bonds. If the lowest bidder fails to follow through with these commitments, the owner is protected, up to the amount of the bid bond, typically for the difference between the low bid and the next higher responsive bid.

    A performance bond backs up the contractor’s guarantee to perform the job description according to the contract’s terms and conditions, final price, and within the allotted time frame. This type of bond protects specific workers, material suppliers, and subcontractors against nonpayment. Since mechanic’s liens cannot be placed against any public property, the payment bond may be the only protection these claimants have if they are not paid for the goods and services that they provide to the project.

    In the majority of cases, contract bonds are required by law for public construction projects. Many bonds are required by a township, borough, or municipality. Since these laws have been in existence for many years, few contractors give much thought as to why such laws are even in place. Some contractors who are unable to obtain the required bonds argue that the laws are unfair because they are denied when applying for types of contract bonds. Let’s take a look at what gave rise to these laws that require contractors to obtain bid or performance/payment bonds in order to perform public construction projects.

    More than 100 years ago, the federal government became nervous regarding the high failure rate among the private firms it was using to perform public contract jobs. It uncovered the fact that the private contractor often was in debt when the jobs were awarded, or got into debt before the job was finished. As a result, the government was repeatedly left with unfinished projects, and taxpayers were obligated to cover the additional costs resulting from the contractor’s default. Since government property is not subject to mechanic’s liens, the workers, material suppliers and subcontractors were without a solution if they were not paid for their services. To protect itself and those who worked on the projects, the government attempted to use individuals to serve as sureties. However, most of the individual sureties failed to follow through with their commitments, many times because they did not have the financial resources to cover their obligations. So, in 1894, Congress passed the “Heard Act� to allow the use of corporate surety bonds to protect privately performed federal construction contracts. In 1935, the Heard Act was replaced by the “Miller Act�, which is the current law that requires performance and payment bonds on federal construction projects.

    It is imperative to note that contract bonds are not intended to protect the contractors that are required to obtain them. These bonds are in place to protect the owner (or obligee) of the construction project against contractor failure and to protect workers, material suppliers, and subcontractors against nonpayment.






  4. Contractor License Bonds, Not To Be Confused With Contract Bonds

    January 26, 2006 by Michael Weisbrot

    Many contractors are new start up companies with owners that know little about surety bonds. Often, a contractor states they “need to be bonded”. Many that make the assertion do not know what it means to be “bonded”. Below, we will review what a surety bond is and the most common bond types required of contractors.

    The first thing that a contractor must understand is that a bond is three-party agreement. Therefore, a bonding company will only write a bond when it is required by another party. In other words, a contractor can not obtain a bond just to claim he/she is “bonded”. Often, people make the mistake that anyone can be bonded for any reason. This of course is not true, as surety bonds require three parties and not everyone qualifies. Surety bonds are a form of credit, not insurance. Therefore, the underwriting used in surety bonding is often similar to underwriting for issuing other forms of credit such as a loan.

    Contractors usually require either a contractor license bond (a specific bond type) or a contract bond (a general bond category). Both bond types guarantee precisely what their name suggests. A contractor license bond guarantees the contractor will operate per the rules and regulations of the state and is to be filed with their license. This type of bond can be required by the local or state government. A contract bond guarantees a specific contract. Contract bonds are a category of different bond types. Some examples of contract bonds are bid bonds, which guarantee a contractor will provide a performance bond if awarded the job. Performance bonds are a type of contract bond that guarantee the performance of the contractor on the job cited in the contract. There are many other types of contract bonds, but bid and performance are the most common.

    At times, a contractor will be required to obtain a letter of bonding capacity from their bond producer/agent. Bonding capacity refers to a contract bond line, which consists of a single and aggregate limit the contractor is held to. For example, a contract may have a $200,000 single and $400,000 aggregate bond line. In this case, the contractor is only approved for jobs under $200,000 and may not have more than $400,000 of bonded work at any given time. Bond limits make it vital for the contractor to have a good line of communication with their bond agent/producer. This will allow the contractor to make the best use of his/her surety credit at all times.

    Regardless of the surety bond type, it does not protect the contractor. In fact, in the event of a claim the surety will look to the contractor for payment of the claim and any attorney fees associated with it. A bond is form of credit and should not be viewed as property and casualty insurance. The bond is required in order to protect the obligee (usually the government), or in other words, the party requiring the bond.

    With thousands of bond types available, stating “I need to be bonded” is very vague. If you need to obtain a bond, you will need to inform the bond producer what type of business you operate and who is requiring the bond of you. The answers to these two questions should be enough for your bond producer to know what type of bond you are in need of.














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