How To Avoid Getting Trapped In A Surety Bond Dispute - Ontario Contractor Insurance (2024)

It is undeniably true that the surety bond is enormously beneficial for Canadian consumers. It can also be helpful for aspiring construction contractors, who want to attract new clients. Nonetheless, the surety bond places a great deal of strain on the contractor, while holding them to a much higher standard. If you’re unable to keep your client happy, there is a possibility that the client will file a complaint against you. This needs to be avoided at all costs. It is in your best interest to end disputes before the surety provider gets involved. Below, you’ll find tips for making sure that happens.

How To Avoid Getting Trapped In A Surety Bond Dispute - Ontario Contractor Insurance (1)

Understand The Bond You Have And How It Works

Just because you are paying for the bond and going through the whole rigorous process, it doesn’t necessarily mean that the bond is going to protect you. In fact, these bonds were designed to protect the customer and ensure that they are treated fairly. If at any point during the project, you aren’t holding up your end of the deal the customer can file a complaint against you that will result in fines and loss of work. This is why it is imperative that you completely understand the bond you are signing and everything that it stands for. The more you understand the laws, regulations, and requirements of the bond, the better you will be able to follow them.

Along with having to pay fines if a claim is successfully filed against you, there is a good chance that you won’t be able to get bonded again. Since obtaining bonds are a legal requirement for undertaking projects, it may be likely that you have to close down your business.

Consistently Speak With The Client

While it is true that your job is to get the project completed, you should never neglect the client. Keeping the client satisfied is recommended. One way to ensure this happens is by speaking with this individual every step of the way. By speaking with the client, you will be able to keep them up to date, while letting them know what has been done and what needs to be done. At the same time, your conversation will give you the opportunity to learn about your client’s complaints, if they have any.

Learning about the client’s grievances ahead of time will ensure you’re able to rectify the problem, before they can reach out to the surety provider. In the long run, this could help you save time and money.

How To Avoid Getting Trapped In A Surety Bond Dispute - Ontario Contractor Insurance (2)

Making Payments On Time

Being a general contractor comes with many responsibilities, with the main one paying suppliers, subcontractors and laborers. In order to prevent bond claims, you will need to make sure to pay our employees and all the above on time. There is nothing that will drive a supplier or subcontractor to file a claim against your surety bond faster than nonpayment. These individuals are working to provide the necessities to their family and employees, if you fail to pay them they will also be in arrears.

Make sure you fulfill your obligations to your subcontractors and suppliers, by paying them on schedule. This will prevent problems, while also ensuring these entities will be willing to work hard for you!

Reduce Open Projects

General contractors will tend to take on several projects at once. While this is okay, it can also cause some confusion and put you at risk of faltering one or all of the contracts. If you bid on a large development project and receive the winning bid, you should focus all of your attention on the project and avoid putting another project into production. Too many projects will only end in mismanagement and put you are risk of surety bond claims.

Strive For Excellence

When it comes down to it, Canadian consumers rely on their contractors to deliver a good performance. The project owner will not be able to fix problems with their properties. If they spot problems, they’ll file a complaint immediately. Therefore, you should always strive for excellence. While you might feel like you already deliver a good performance, you should remember that there is always room for improvement. Consult with your past clients and figure out precisely what you could’ve done better. This will help to ensure that your past mistakes are not repeated.

Remain On Schedule

Before the project gets underway, it is likely you will consult with the client and configure a schedule for the project at hand. While life is truly unpredictable, it is in your best interest to make sure your company does not stray from the path. Try your best to remain on schedule and always let your client know, if things must be prolonged. Telling them directly will ensure they do not file a complaint, if the deadline is passed and the project is not completed.

How To Avoid Getting Trapped In A Surety Bond Dispute - Ontario Contractor Insurance (2024)

FAQs

What rights does a surety have in the event of a contractor default? ›

In some instances, the surety may assist or even step into the contractor's shoes and pursue claims against the owner for project issues that may have been responsible for the default. In other situations, the surety may simply preside over the liquidation of the contractor's assets.

When the contractor fails to complete the work under the contract the surety bond protects the owner? ›

The performance bond protects the owner from financial loss should the contractor fail to perform the contract in accordance with its terms and conditions. The payment bond assures that the contractor will pay certain workers, subcontractors, and materials suppliers.

What is the maximum value of work that a surety will allow the contractor to undertake at any one time? ›

A surety will scrutinize your financial statements to set your bonding limit, which generally ranges from 10 to 20 times your adjusted working capital. Capacity. As mentioned, this is the maximum amount of bonding you can qualify for, based on your total ability to fulfill the contract in question.

Is a surety bond provided to a contractor for a project to assure that subcontractors, workers, and material suppliers get paid in a timely way for the job they accomplish? ›

Surety bonds provide financial security and construction assurance by assuring project owners that contractors will perform the work and pay specified subcontractors, laborers, and material suppliers.

How do you avoid surety? ›

Appointing the right guardian or conservator is an important step in avoiding surety bond fraud. Make sure you know who you are appointing to this position, and make sure that they are reputable and of good character.

When surety is not discharged from his liability? ›

Where a contract to give time to the principal debtor is made by the creditor with a third person, and not with the principal debtor, the surety is not discharged.

What is termination of surety liability? ›

The surety is discharged by any contract between the creditor and the principal debtor, by which the principal debtor is released, or by any act or omission of the creditor, the legal consequence of which is the discharge of the principal debtor.

When the surety becomes liable under the contract? ›

Liability of surety is same as that of the principal debtor. A creditor can directly proceed against the surety. A creditor can sue the surety directly without sueing principal debtor. Surety becomes liable to make payment immediately when the principal debtor makes default in such payment.

What are the 3 C's of surety? ›

A number of these factors fall under what the Surety industry calls “The Three C's”; Character, Capacity, and Capital. All three of these are important to the underwriting process. The principal needs to exhibit the Character, Capacity, and Capital to qualify for surety credit.

What is the surety clause in a contract? ›

A deed of suretyship is an agreement that is concluded by a creditor and a third party. The essentialia of this type of agreement are that the surety (third party) undertakes to be liable to the creditor for the due performance by the debtor of his or her obligations in terms of the principal debt.

What is a surety limit? ›

What Is a Surety Limit? A surety bond protects an obligee against losses, up to the limit of the bond. The bond amount is the monetary limit up to which the obligee requires the bond to be issued.

What is the purpose of a surety bond in construction? ›

A surety bond is a three-party agreement between a surety, a contractor, and an owner. The surety, (typically an insurance company) promises to satisfy the contractor's obligations if the contractor fails to perform in accordance with the construction contract.

What is a bond to protect a contractor from dishonest employees called? ›

A fidelity bond is a form of business insurance that offers an employer protection against losses that are caused by its employees' fraudulent or dishonest actions. Also known as an honesty bond, this form of insurance can protect against monetary or physical losses.

Which surety bond assures the owner that the contractor will fix any defects in the project that is discovered after the completion of the project? ›

A maintenance bond "insures" the owner of a completed construction project for a specified time period against defects and faults in materials, workmanship, and design that could arise later due to shoddy workmanship.

What happens when a contractor defaults? ›

If an owner decides to sue a defaulting contractor, they will need to prove that the contractor breached their contract. The owner will also need to prove that they suffered damages as a result of the breach. Once these elements are established, the owner can file a lawsuit against the contractor.

What are the rights and obligations of surety? ›

The rights and obligations of individual people can be thought of as the rules that each person needs as they relate to other people within the wider human community. People have rights to certain basic provisions and services; meeting these needs places obligation or responsibilities on others.

Is liability of surety conditional on default? ›

Liability of surety is same as that of the principal debtor. A creditor can directly proceed against the surety. A creditor can sue the surety directly without sueing principal debtor. Surety becomes liable to make payment immediately when the principal debtor makes default in such payment.

Is a surety liable from the moment the principal is in default? ›

A security agreement must be backed by a written record even if they creditor has possession of the collateral. A surety is liable from the moment of default whereas a guarantor is ordinarily only liable if the creditor cannot collect from the principal debtor.

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