The History, Importance and Value of Surety Bond Requirements for Contractors

Author, Anne Wright, Surety Relationship Executive, Rancho Mesa Insurance Services, Inc.

Surety bonds, in the world of construction, guarantee that the obligations of the contract will be properly completed and all costs paid.

The concept of surety – which is a guarantee of one party for another party’s debts or obligations – literally goes back to ancient times. Whether the story you might find is a farmer in Mesopotamia in 2750 BC promising that another farmer will deliver on their obligation – or more recently (1600s) a guarantee that a ship would safely arrive at its cross-ocean destination with the goods promised – civilizations have long realized that an instrument of protection was important to ensure something was delivered as promised.

Here in the US, Congress passed the Heard Act in 1894 requiring surety bonds to guarantee completion of any projects funded with federal dollars. This was revisited and updated in 1935, under the Miller Act, which you may have heard of. Today’s federal requirements require a form of surety guarantee (i.e., corporate or individual surety bonds) for any construction projects over $150,000.

Individual public agencies (e.g., states, cities, universities, school districts, etc.) set their own guidelines for bonding thresholds. These have been referred to as “Little Miller Acts” for the local jurisdictions.

When it comes to private construction projects, it is not mandated by law but, rather, determined by an owner or often a lending institution whether they want a guarantee from the general contractor to the project owner. This serves as a form of insurance that guarantees job completion and payment of all associated costs, thereby ensuring the project is finished without any liens.

The surety process itself is a useful tool for owners, general contractors, and contractors needing bonds in order to be considered a good risk.  Which means they have proper processes in place to ensure a productive and, in the end, profitable project.

The processes that are typically needed for a contractor to get the best support, and often rate, from their surety relationship, all serve the contractor well in their overall business, too.

The process might be seen as a prequalification of a contractor’s ability to perform, but it also can set a contractor apart from competition who cannot claim to be bondable.

To some, the surety processes (e.g., producing trackable financial information, perhaps annual financials prepared by a CPA, getting a bank relationship in place for a line of credit, etc.) may seem to be an extra burden for some business owners, a benefit to the contractor is that it provides the business owner with certain accountability tools to make sure their jobs are managed properly, and accounted for properly, and allow them to see their businesses flourish. This is a tangible value to the contractor, and we, as surety professionals, appreciate being able to facilitate these processes and witness that success.

While you can see that the history of suretyship really started to protect the owner’s dollars at stake in the project, it has also served construction companies well to help them manage their business and related performance indicators.

To see how Rancho Mesa can assist with your surety needs, contact me at awright@ranchomesa.com or (619) 486-6570.