June 8 – 10, 2014 Demystifying Surety, the Product and its Value Joanne Brooks Vice President and Counsel The Surety and Fidelity Association of America.

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Presentation transcript:

June 8 – 10, 2014 Demystifying Surety, the Product and its Value Joanne Brooks Vice President and Counsel The Surety and Fidelity Association of America

The Fundamentals of Surety Bonding Proverbs 11: Heard Act 1935-Miller Act Current Law $150,000 Performance $30,000 Payment Little Miller Acts State Law Thresholds vary Prequalification Capital (Credit) Capacity (Capability) Character (Reputation) Claim Services Performance-protecting taxpayer dollars with a contract completion focus Payment-protecting subcontractors/suppliers

Contractor Failure Rates Building, heavy/highway, and specialty trade contractors In BusinessSurvivorsFailure Rate 853,372 (2002)610,357 (2004)28.5% 850,029 (2004)649,602 (2006)23.6% 1,155,245 (2006)919,848(2008)20.4% 897,602 (2009)702,618 (2011)21.7% 918,483 (2010)696,441 (2012)24.2%

Large Established Contractors Fail Too Morrison Knudsen ( ) Guy F. Atkinson ( ) J.A. Jones (1890’s-2003) Modern Continental ( ) Ballenger ( )

What Surety Companies are Looking for: Sustainability Profitability Continuity Proven track record Pay subs timely Responsible Reference

Surety as a Tool to Build Sustainable Contractors Economic Empowerment Job Creation Sustainability Legacy Wealth

How Does Bonding Benefit the Contractor Bonding capacity can increase your project opportunities Objective 3 rd party with a broader perspective-evaluating contractors is what they do Trusted advisor An advocate Access to expertise in accounting, law, engineering, with deep relationships and understanding of surety and construction

The Surety Industries Commitment to Small, Emerging and Minority Contractors SBA-Surety Bond Guarantee Program- bonds issued by surety companies and guaranteed by SBA MCDP-created by the SFAA to provide assistance to small, emerging and minority contractors Partnership with US DOT BEP

Runway to Success Get a Professional Bonding Agent Work with someone with a proven track record Follow the advise given Get a Construction CPA Know Your Credit Score Nothing beats a failure but a try…let a surety professional assess your bondability Bonding is a process get started now!!