How many times have you heard of a contractor advertising that he or she is “bonded”? Do you know what that means? Most don’t, including the contractors themselves!
What does it mean to be bonded?
When a contractor states they are bonded, they are referring to a surety bond (whether they know it or not). So you may ask, what is a surety bond? A surety bond is promise of performance. It guarantees that the contractor will perform accordingly. However, you will need to find out specifically what their bond is guaranteeing. To do so, you will have to read a copy of the bond, as it will state exactly what the bond is guaranteeing (typically the terms of a license filed with a state or local municipality).
How does the bond protect the public?
So what does the bond do if the contractor does not perform properly? It protects the contractor’s clients by paying out an amount up to the total bond amount. However, most bonds do have aggregate language in them. This means that a $10,000 bond can only pay out $10,000 total. So if there are 6 people making $2,000 claims, the bond will not be able to pay all their requested amounts. The surety will then pursue the contractor for repayment of the claim amounts as well as any associated legal fees.
How do I get bonded?
Whether you are a contractor or any other profession required to post a bond, the process is the same. First, you must submit an application. Once approved, you will be required to pay your annual premium and sign an agreement (usually) that you hold the surety company harmless in the event of a claim. Once the agency has payment and a signed agreement they can issue the bond to you.
Are there any specialty programs available?
Yes there are! As of recent our agency teamed up with some of the nations biggest surety companies to create a specialty contractor license bond program. It allows us to write contractor license bonds at lower rates than our competitors for almost any situation. Whether you have low credit, no credit, bankruptcies, tax liens, bond claims, child support, etc. We can help! Start now by applying online.
why are the surety companys taking advantage of the hard times
hard to understand why my bond went from 79 dollars a year to 1334 . and there all the same all in conspiracy with the state of california but thats are govenor who i voted for
go figure
Comment by dominick — June 16, 2010 @ 12:42 am
Dominick,
I can understand your frustrations. Let me clarify the situation of the surety bond market…
Bonds are NOT insurance, but actually a form of credit. They make a guarantee on behalf of your company. Therefore, if your company's assessed risk increases, you may no longer fall under a standard market program. The rate filings for high risk programs have been in place for years, it is not a reflection of the current economic conditions. It actually takes up to a year for a surety to file new rates within a state.
Ask your bond agent why you were dropped from the previous program you were written through. By correcting those problems, you should see a more reasonable rate again.
Comment by Michael Weisbrot — June 16, 2010 @ 5:00 pm
Suppose that a contractor does not fulfill his obligation to fully perform to a contract. And, a person goes thru the steps of requesting restitution, but gets no satisfaction. How does a person put a lien on the contractors' bonding.
Comment by B Eastwood — January 14, 2011 @ 1:34 pm
I am assuming the contract wasn't specifically bonded….
If it wasn't, you need to see if the state or local municipality required a bond to be filed with their contract license. If there is a bond in place, you should be able to make a claim with the government department requiring it.
Comment by Michael Weisbrot — January 14, 2011 @ 2:49 pm
My contractor was not bonded who put my fence up, now my neighbor is bringing me to small claims court for property damage. Shouldn't the contractor be liable bonded or not?
Comment by John — September 27, 2011 @ 4:06 am
John,
This is a question that would be best answered by your legal counsel.
Comment by Michael Weisbrot — September 27, 2011 @ 10:12 am