Surety Bonds: Everything You Need to Know | Barlocker Insurance Services (2024)

If you’ve ever felt frustrated trying to figure out what precisely a surety bond is, don’t worry — you’re not alone. Surety bonds are confusing if you don’t already know what they are. We can help you break it down.

First, don’t think of surety bonds as a type of insurance. There are similarities, but the two aren’t the same.

A surety bond is a contract between three parties: the principal, the surety, and the obligee.

  • Principal — this is most likely your role in a surety bond. Principals are the people required to meet or fulfill the terms of the contract.
  • Obligee — an obligee is the party or group requiring the surety bond. They want to know you, the principal, will do the work you claim you can.
  • Surety — the group acting as the surety carries the responsibility of guaranteeing the contract’s terms are met.

Ultimately, a surety bond gives obligees a guarantee that the principal will complete the work or meet the statutes they are requiring. It may help to think of the surety as someone who is guaranteeing you fulfill your bonded obligation.

How do surety bonds work?

The surety bond process begins when an obligee requires a principal to acquire a surety bond. By doing so, the principal can show the obligee they can fulfill the obligee’s project or requirement.

For example, let’s say you own a construction company that’s working on a government-funded contract to build a road, and you are required to provide a surety bond. In this case, your company is the principal, and the government would be the obligee. A neutral third party, in this case, a surety bond company, would evaluate your business to determine whether your company would be able to complete the project as described in the contract.

What happens if I don’t fulfill the contract?

If your business is unable to meet all the contract requirements satisfactorily, then the surety company will step in to fulfill your obligations. After the surety fulfills the contract, your company — as the principal — is responsible for making the surety whole. The surety will look to you to reimburse the losses they incurred when fulfilling your obligation.

Surety bonds are issued for a set term — usually, one, two, or three years — or are set up to last until the initial contract or statute is fulfilled. They can also be extended to allow for a maintenance period if problems arise or the principal did not satisfactorily meet the initial terms.

What surety bond do I need?

The best way to find out your surety bond requirements is to contact the obligee requiring the bond and ask them directly what type of bond you need, and the dollar amount the bond needs to guarantee. Requirements vary among states, counties, and cities, so there’s no one-size-fits-all answer.

What information is required for a surety bond?

Unlike standard insurance, there’s a lot of documentation and information required to apply for a surety bond. The documentation required varies from bond to bond, but most companies ask for the following:

  • Personal and Corporate Financial Statements
  • Resumes for Key Personnel
  • References

Remember, this isn’t an exhaustive list. A lot of surety bond companies have additional requirements. It may seem like a hassle to provide all this documentation but keep the bigger picture in mind. With this documentation, you’re showing the surety bond company you are experienced and responsible enough to meet the contract’s requirements.

What’s the difference between surety bonds and insurance?

Even though you can usually purchase a surety bond through an insurance company, surety bonds and insurance are not the same. They are both forms of financial protection, but there are a few key differences.

  • Surety bonds ensure a commitment by the principal, and loss is not expected.
  • Insurance guarantees a coverage of losses and is meant to protect the consumer buying the policy.
  • Surety bonds require a one-time payment.
  • Insurance is often paid in monthly premiums.

What are the different types of bonds?

You can find thousands of different surety bonds specific to different situations. However, the bonds used most frequently are contract, commercial, court, and fidelity bonds.

  • Contract – generally required in the construction industry. Contract surety bonds ensure a contractor — the principal — will fulfill the contract.
  • Commercial – designed to ensure that licensed businesses will meet safety requirements set forth by public, legal, and government entities.
  • Court – meant to protect plaintiffs and defendants from fraud or financial harm.
  • Fidelity – helps protect businesses from losses occurring because of employee dishonesty and fraud.

Who needs surety bonds?

Generally, if you need a surety bond, you will be informed of the requirement along with any specific conditions the bond must meet. However, there are people and groups who will always require a surety bond. These people and groups may include:

  • Anyone applying for a license with their city or state
  • Construction companies working for government entities

As professionals in the field of surety bonds, we make it our business to know you and your concerns. We spend time learning and listening to better serve you, our clients.

We’d love to chat with you. Contact us today!

Frequently Asked Questions

  • What happens if I don't fulfill the contract?

    If your business is unable to meet all the contract requirements satisfactorily, then the surety company will step in to fulfill your obligations. After the surety fulfills the contract, your company as the principal is responsible for making the surety whole. The surety will look to you to reimburse the losses they incurred when fulfilling your obligation.Surety bonds are issued for a set term usually, one, two, or three years or are set up to last until the initial contract or statute is fulfilled. They can also be extended to allow for a maintenance period if problems arise or the principal did not satisfactorily meet the initial terms.

  • What are the different types of bonds?

    You can find thousands of different surety bonds specific to different situations. However, the bonds used most frequently are contract, commercial, court, and fidelity bonds.Contract generally required in the construction industry. Contract surety bonds ensure a contractor the principal will fulfill the contract.Commercial designed to ensure that licensed businesses will meet safety requirements set forth by public, legal, and government entities.Court meant to protect plaintiffs and defendants from fraud or financial harm.Fidelity helps protect businesses from losses occurring because of employee dishonesty and fraud.

  • What's the difference between surety bonds and insurance?

    Even though you can usually purchase a surety bond through an insurance company, surety bonds and insurance are not the same. They are both forms of financial protection, but there are a few key differences.Surety bonds ensure a commitment by the principal, and loss is not expected.Insurance guarantees a coverage of losses and is meant to protect the consumer buying the policy.Surety bonds require a one-time payment.Insurance is often paid in monthly premiums.

  • How do surety bonds work?

    The surety bond process begins when an obligee requires a principal to acquire a surety bond. By doing so, the principal can show the obligee they can fulfill the obligee's project or requirement.

    For example, let's say you own a construction company that's working on a government-funded contract to build a road, and you are required to provide a surety bond. In this case, your company is the principal, and the government would be the obligee. A neutral third party, in this case, a surety bond company, would evaluate your business to determine whether your company would be able to complete the project as described in the contract.

  • What surety bond do I need?

    The best way to find out your surety bond requirements is to contact the obligee requiring the bond and ask them directly what type of bond you need, and the dollar amount the bond needs to guarantee. Requirements vary among states, counties, and cities, so there's no one-size-fits-all answer.

  • Who needs surety bonds?

    Generally, if you need a surety bond, you will be informed of the requirement along with any specific conditions the bond must meet. However, there are people and groups who will always require a surety bond. These people and groups may include:Anyone applying for a license with their city or stateConstruction companies working for government entitiesAs professionals in the field of surety bonds, we make it our business to know you and your concerns. We spend time learning and listening to better serve you, our clients.We'd love to chat with you. Contact us today!

  • What information is required for a surety bond?

    Unlike standard insurance, there's a lot of documentation and information required to apply for a surety bond. The documentation required varies from bond to bond, but most companies ask for the following:

    • Personal and Corporate
    • Financial Statements
    • Resumes for Key Personnel
    • References

    Remember, this isn't an exhaustive list. A lot of surety bond companies have additional requirements. It may seem like a hassle to provide all this documentation but keep the bigger picture in mind. With this documentation, you're showing the surety bond company you are experienced and responsible enough to meet the contract's requirements.

Surety Bonds: Everything You Need to Know | Barlocker Insurance Services (2024)

FAQs

What is surety bond in insurance terms? ›

A surety bond is a promise to be liable for the debt, default, or failure of another. It is a three-party contract by which one party (the surety) guarantees the performance or obligations of a second party (the principal) to a third party (the obligee).

What are the three parts of a surety bond? ›

A Surety Agreement Defined

They differ from an insurance contract in that an insurance contract includes two entities (insurance provider and policyholder), whereas a surety bond involves three parties: the Principal, the Obligee and the Surety.

What is an important difference between surety bonds and insurance policies? ›

Who is protected with a surety bond vs insurance? Insurance protects the business owner, home owner, professional, and more from financial loss when a claim occurs. Surety bonds protect the obligee who contracted with the principal to perform specific work on a project by reimbursing them when a claim occurs.

What are the two common types of surety bonds What are they used for? ›

There are two main categories of surety bond: Contract Bonds and Commercial Bonds. Contract bonds guarantee a specific contract. Examples include Performance Bonds, Bid Bonds, Supply bonds, Maintenance Bonds, and Subdivision Bonds. Commercial Bonds guarantee per the terms of the bond form.

Are surety bonds risky? ›

Surety bonds offer assurance that the contractor is capable of completing the contract on time, within budget, and according to specifications. Specifying bonds not only reduces the likelihood of default, but with a surety bond, the owner has the peace of mind that a sound risk transfer mechanism is in place.

What is the primary purpose of a surety bond? ›

What Is the Purpose of a Surety Bond? Surety bonds provide financial guarantees that contracts and other business deals will be completed according to mutual terms. Their primary purpose is to protect consumers and government entities from loss due to poor workmanship, malpractice, theft and fraud.

What are the disadvantages of a surety bond? ›

Disadvantages of Commercial Surety Bonds:

Costs and fees: Obtaining a commercial surety bond may involve the payment of premiums and fees to the insurer, which can increase the costs associated with a transaction or project.

How do insurance bonds work? ›

An insurance bond is a bond that is designed specifically to protect an individual or organization against financial loss if certain circ*mstances occur, such as: the failure of another party to fulfill a contractual obligation; or. their employee commits fraud.

Why do we need surety? ›

A surety is a person who comes to court and promises to supervise an accused person while they are out on bail. A surety also promises an amount of money to the court if the accused doesn't follow one or more of the bail conditions or doesn't show up to court when required.

Who is one who is protected by a surety bond? ›

The surety bond protects the obligee by guaranteeing performance to the obligee if the principal does not fulfill their obligation. Obligated to be liable for the performance of a contract, debt or failure of a duty of another party.

What are the rights of a surety? ›

A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence of such security or not; and if the creditor loses, or, without the consent of the surety, parts with such ...

What are the duties of a surety? ›

A surety is an entity or an individual who assumes the duty of paying the debt in the event that a debtor fails or is not able to make the payments. The party which guarantees the debt is called a surety, or the guarantor.

What is the difference between a surety bond and general liability insurance? ›

The primary difference between liability insurance and bonds is which party gets financially restored from a claim or lawsuit. Surety bonds protect the interests and investments of the GC or Owner, while general liability insurance protects the insured from the financial effects of lawsuits.

Is a surety bond worth it? ›

Surety bonds provide financial assurance for both the obligee requiring the bond and the principal obtaining the bond. They can increase your credibility and the competitiveness of your bids.

How long is the term of a surety bond? ›

Surety Bond Duration

After you go through the process to gain a surety bond, the surety bond term will be set, and how long till it expires depends on when it was issued to you. Surety bonds, at a minimum, usually last one year, but it isn't uncommon for them to last several years from the issuing date.

Is a surety bond the same as a security bond? ›

Thus, the surety will simply issue the bond, like a performance bond or payment bond, based on the financial standing of the underlying entity being bonded. However, in a security bond, there is collateral that is required, offering an added layer of confidence for the project owner.

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