1. How does the surety evaluate a contractor to decide if surety wants to provide bonding? What factors surety consider for the decision to bond a contractor? Describe. What is the most common option for surety intervention in case contractor defaults on a bonded project?
Answer:
Surety bonds are a standard requirement for companies operating within the construction sector. Such guarantees, frequently confused with insurance, work more like a credit form — a promise that the construction firm will conduct a contract in compliance with all relevant laws and regulations. In other words, a project owner will file a lawsuit to recover all financial damages if a corporation does not meet its obligations according to the terms of the bond.
A company's following three Cs are evaluated by surety experts before providing a bond to the contractor:
Capacity: Will the contractor have the technical expertise, knowledge, resources, experience, and personnel required for completing the project? This question is resolved by analyzing work-in-process (WIP) records as well as previous contracting jobs completed. To assess work cost consistency and productivity, WIP schedules are analyzed for contract rates, billings to date, costs to pay, and projected costs to complete.
Capital: Is it a financially viable company? Given that there is the financial risk associated with construction projects, a company must be able to demonstrate its ability to satisfy commitments, retain sufficient working capital, and produce positive cash flows. The evidence of financial health for a company is usually demonstrated in the financial statements checked or audited by a company. Since financial statements play a significant role in deciding if a security bond will be issued, it is vital for companies to work with reputable accounting firms specialized in the accounting industry and to consider the viewpoint of an underwriter.
Character: What kind of credibility does the contractor have within the construction industry? Character is assessed by evaluating the history and relationships of an entrepreneur; a reputation for taking uncommon or excessive risks; integrity; adherence to obligations; and past and current lawsuits against the company.
Surety place emphasis on six key factors when creating a bonding decision:
Profitability and Job Estimates:
The gross profit rate of a contractor and net profits as a percentage of revenue will be comparable with industry averages. Sureties would like to learn that the contractor benefits from bidding and completing work. When a project's cumulative gross profit margin is less than the initial estimate, then sureties will doubt the ability of a contractor to predict job costs. Actual work margins will be in line with or higher than the projected margins at project initiation when completing the task.
Main Indicators for Performance:
Sureties can evaluate month-to-month and year-over-year KPIs to assess if the performance of a contractor is in line with past periods, metrics on similar companies, and patterns in the field. Sureties want continuity in results so that the contractor performs in the same industry as well or better than other firms.
Billings:
Overbilling or backing up raises red flags. When a contractor charges more than the expenses incurred so far, the disparity exceeds a project's overall gross income. This excess sum is known as "job borrowing."Sureties closely track work borrowing as they see it as a sign it contractors borrow from one job to pay for another. Billing less than stated in a contract can mean that the contract contains unapproved change orders, or the contractor overestimates the benefit.
Ratios on liquidity:
Liquidity ratios (current, fast, and operating cash flow) calculate the capacity of a company to meet debt obligations. Sureties look at the equity levels of a business to determine whether the firm is heavily leveraged and use a large proportion of its income to pay off debt. Contractors working with a low debt-to-equity ratio are more appealing to leverage.
Working Capital:
To order for a contractor to realize the anticipated profit margin on a project, having ample working capital (total assets minus total liabilities) to cover short term expenses is necessary. Otherwise, you might need to fund the project, which would raise costs and reduce profits.
Financial Statements and Management Reports:
Accurate and accurate financial statements and management reports are critical. Contractors must have a certified public accountant, specializing in construction accounting, audit their financial statements. It will include guarantees that the financial statements represent the real story about the financial health of the company.
Contractors are often defaulted by project owners, however, when the security inspects the claim they find that there was no fault with the contractor and thus no valid reason for claiming the bond. On the other hand, the protection takes over and applies one of the solutions listed below if the contractor is found to have defaulted. What happens to you, as a contractor, depends primarily on how you go about it.
Surety intervention in case contractor defaults on a bonded project for the below scenarios:
Economic difficulties:
Financial factors that may cause contractors to default may include issues with cash flow, bankruptcy, or even bad accounting. At many times, if you face major losses when working on the project, you will also be forced to voluntarily leave a project by default.
Problems relating to performance:
Quality issues apply to a project's prompt and competent implementation and all of its contractual conditions. If you are unable to conduct projects in such a way for whatever reason, you can run into difficulties, delays, and strained relationships with both subcontractors and project owners. Additional reasons for contractor default due to poor results include work behind budget, bad management and preparation procedures, inadequately trained, or insufficient personnel.
Overextension:
Over-extension will occur if you lack a reasonable view of what you are capable of, and overstretch your resources and personnel to handle too many tasks at once. Once this occurs, tasks begin to fail and efficiency decreases because most contractors seek to handle too many fronts at the same time. At this point, in particular, if a considerable amount of time has passed without finishing the job, the project owner typically defaults on a contractor.
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