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GRANT THORNTON LLPS
2005 SURETY CREDIT SURVEY FOR CONSTRUCTION CONTRACTORS
The Surety Information Office
(SIO) has augmented the results of Grant Thornton
LLPs 2005 Surety Credit Survey, which examined
the bond producers perspective of the surety
marketplace for the construction industry, with
insights from top surety company personnel. Since
Grant Thorntons last survey was produced
in 1996, the marketplace has changed dramatically.
Through the mid- and late-1990s, contractors were
able to get bonds without much difficulty or restriction.
Today, however, the surety market is recovering
from record losses resulting from aggressive underwriting
policies in the late 1990s and the declining economy
of the early 2000s.
The end result? A tight market with strict underwriting
criteria and higher premiums.
Findings from Grant Thornton LLPs 2005 Surety
Credit Survey show how the economic environment
affectsand will continue to influencecontractors,
what factors bond producers consider important
to obtain surety credit, and how contractors can
improve their ability to obtain credit in the
current marketplace.
Competitive and Economic
Environment
Competition is the name of
the game in construction. The construction marketplace,
regardless of capacity or available jobs, is a
highly competitive environment where companies
are tempted to underbid and over-promise to win
contracts.
According to the survey, nearly half (47%) of
the bond producers surveyed described the construction
marketplaces current competitive environment
as about the same as a year ago, while
21% say it is better. Almost one-third (31%),
however, characterize the competitive environment
as worse than the recent past.
Grant Thornton survey respondents predict a brighter
economic outlook in the near future. The majority
(56%) of responding surety bond producers say
that in 2004 the economic environment improved
over the prior year or two for construction companies
and 66% say the environment will improve in 2005.
John Welch, president and CEO, CNA Surety, says,
The climate appears to be improving in regard
to availability of work. Nearly all sectors are
showing gains. The downside is that in some markets,
labor and material shortages are becoming a problem.
Subcontractor coverage is also problematic in
some areas.
James Altman, chief underwriting officer, Chubb
Surety, adds, Some construction sectors
will show improvement, but state budget issues
are still weighing heavily on the market.
Tim Mikolajewski, vice president contract surety
with Safeco Surety, offers the most optimistic
viewpoint on the economic environment for construction
in the coming year: We see it as good with
a trend towards extremely good.
While local and state governments are decreasing
the number of new jobs they undertake, an upswing
in opportunities in the private sector should
continue to fuel not only the opportunity for
growth, but also competitiveness in the construction
marketplace.
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About The Survey
Grant Thornton LLPs 2005 Surety Credit
Survey for Construction Contractors: The
Bond Producers Perspective, is the
first of its kind in nine years. Members
of the National Association of Surety Bond
Producers (NASBP) were invited to participate
in the online survey between December 8,
2004, and January 13, 2005.
NASBP members provide surety bonds for
the construction industry, an important
element in construction funding. A total
of 308 completed surveys were submitted,
resulting in a margin of error of ±5.5%.
In describing their business, bond producers
were asked to characterize the sources of
their own revenue according to types of
clients. Three-quarters (74%) of bond producers
report that a major portion of their revenue
is derived from general building contractors.
Half (47%) report that a major portion of
their revenue is generated from specialty
trade contractors. More than one-third of
bond producers report deriving a major portion
of their revenue from either heavy/highway
contractors (37%) or utilities (35%).
In 1996, Grant Thornton conducted a similar
survey of surety bond producers. When appropriate,
2005 responses are compared to 1996 responses
in the report.
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Respondents to the survey
indicate that the quest to use capacity may also
be stimulating competition for financially stressed
contractors. On average, respondents report that
15% of contractors are experiencing unusual
financial hardship. Surety bond producers
most often cite low profit margins
(64%) as a major cause of the difficulties faced
by financially distressed contractors in todays
market.
According to the study, low profit margins were
also the leading cause of financial difficulties
cited in 1996 (45%), but for very different reasons.
In the mid-1990s, work was abundant. Contractors
tried to get higher margins, but couldnt
because they encountered difficulty in both managing
the volume of work and finding qualified laborers
and supervisors. Today, the market is coming out
of a trench and contractors are bidding low to
get enough work to utilize available capacity,
thereby intensifying competition.
Dennis J. Perler, president, Liberty Mutual Surety,
says, Diverse factors have increased the
risk of doing business for contractors: increased
project risk due to onerous contracts and highly
demanding owners, unanticipated costs of higher
material prices eroding finances and reduced availability
of qualified trades due to demand.
William Cheatham, president of Zurichs surety
unit, sees financial problems stemming from the
same historical reasons that contractors in difficult
situations have encountered, which include inadequate
net worth and working capital, and operating on
low profit margins. While sureties can identify
these problems and share the information, it is
not their role to solve them. Surety companies
are in the business of extending credit, and like
other institutions in this area, are looking for
financially sound clients.
Regarding their own market, surety bond producers
are fairly comfortable that demand will be the
same or increase over the next three years. More
than one-third (35%) see the demand for bonds
increasing and 42% say demand will stay the same.
Henry
W. Nozko, Jr., president, ACSTAR Insurance Co.,
notes, The demand for bonds will increase
during the next three years. The billions of dollars
of losses paid by the surety markets during the
last few years would have been dollars lost by
obligees. As a consequence, demand for bonds is
on the rise. The cost of a surety bond as compared
to the guarantee provided remains to be an inexplicable
bargain.
According to CNAs Welch, The demand
for bonds should increase in line with growth
in the construction industry. We may also see
increased use on the private side as lenders become
more concerned about select overheated markets.
Bond
producers are not quite as united in their thinking
about bond supply. They are almost evenly split
regarding how much aggregate surety capacity will
be available in the next three years. This was
not the case in 1996 when more said surety capacity
would increase (1996- 42% vs. 2005 - 32%), providing
further evidence of the market changes since 1996s
boom time for surety bonds.
This shift in available capacity may be a result
of surety company consolidation or of surety companies
and reinsurers leaving the marketplace. As a result
of periods of record losses over the past several
years, there are fewer surety companies (and reinsurers
of surety credit) making bonds available to the
construction industry. In the past two years,
however, some new reinsurers have entered the
surety market, adding to available capacity and
enabling sureties to reduce the risk they retain.
Construction Surety
Credit Availability
Consistent with the changed marketplace since
1996, 49% of surety bond producers say it is difficult
for their construction clients to obtain surety
credit, compared with 14% who said it was difficult
in 1996. On the opposite end of the spectrum,
12% say it is easy to obtain surety credit today,
while 58% felt the same in 1996.
However, looking at respondents expectations
for the near future paints a somewhat more optimistic
picture. More than one-quarter (27%) anticipate
that it will be easier to obtain credit for their
clients next year. Six in 10 (58%) of the bond
producers anticipate that the ease or difficulty
of obtaining surety credit will not change next
year, while only 12% anticipate that it will be
more difficult next year.
Safeco Suretys Mikolajewski explains, For
financially strong contractors, surety bonds will
be readily available. For those that have struggled
financially or not shown commitment to building
their companies financially, obtaining surety
bonds is and will continue to be challenging.
The ability to obtain surety credit for construction
clients may depend on the type of project in which
the contractor is engaged. Three-quarters (78%)
of the bond producers say it is challenging to
obtain bonding for hazardous waste projects. About
three in 10 respondents say that petrochemical
(34%), telecommunication (31%) and powerplant
(28%) projects are difficult to bond.
According to ACSTARs Nozko, We view
petrochemical and powerplant projects as more
difficult to bond than hazardous waste projects.
However, all are problematical for good reason.
One solution to providing more bonds for these
classifications is to restructure bond forms and
construction agreements to mitigate the exposure
of the surety to a more practicable level of risk,
while providing real protection and coverage for
the bond obligee. We have had several successes
in this regard during the last several months.
Edward J. Heine, executive vice president, Payne
Financial Group, and president of the National
Association of Surety Bond Producers, points out,
Environmental/hazardous waste projects are
difficult to bond for several reasons. There are
legal liability issues that may broaden the liability
of a surety under their bond. The class requires
a specialized approach and there are only a few
underwriting companies that have the dedicated
resources for this market. Those that do participate
appear to be profitable and provide much needed
capacity. Powerplant projects are typically large,
multi-year jobs with broad contractual liability.
Surety capacity is available for this class. Underwriting
standards are high, and the market is limited
to a few surety companies that have the expertise
and appetite to serve the needs of the contractors
that specialize in this arena.
About half of the bond producers surveyed report
it is easy today to obtain surety credit for projects
in the areas of water/sewer (43%), heavy/highway/transportation
(45%), commercial/industrial (46%), and government
(50%).
These findings are consistent with the general
marketplace perception that the smallest and largest
construction companies inherently come with more
risk. This is because smaller companies can lack
established business processes and larger ones
can generate large claims.
The outlook is different for medium-sized contractors,
however. Almost two-thirds (62%) say there will
be no change to the ease of obtaining bonding.
The expectations of medium-sized contractors are
rosier than those of smaller or larger contractors
because they typically offer more diversity in
the scale and scope of projects.
Liberty Mutual Suretys Perler says, In
todays market, sufficient surety capacity
is always available for qualified, experienced
and well-capitalized contractors. Some stress
remains at the high and low end of the capacity
ranges with limited surety capacity available
for entry-level contractors with programs less
than $5 million and larger contractors with programs
in excess of $250 million. At both ends of the
capacity range, those contractors that can demonstrate
superior capabilities and non-leveraged financial
conditions are better positioned to obtain surety
capacity. The tight surety market makes it more
important for a contractor to chose a strong surety,
remain close to its surety underwriters, and protect
the relationship by being open and candid.
NASBPs Heine adds, The outlook for
the near future for all industry segments is stable.
A solid financial condition that supports a contractors
business plan will be the most critical factor
in obtaining surety credit. For the largest of
contractors, future consolidation could have an
impact on industry capacity. However, we see efforts
being made to attract new capacity to meet the
capacity requirements of the marketplace.
Construction
Surety Credit Requirements
Construction companies seeking
surety bonds in 2005 may encounter more roadblocks
than they did in 1996. To help guide construction
companies through the process, bond producers
are doing more legwork and advising contractors
on steps to take to become more bondable.
The strength of the balance sheet and financial
statement presentation are frequently identified
as important to bonding companies (98% and 97%,
respectively). Bond agents are united in advising
their clients to prepare proper financial statements
(95%), regularly produce interim financial statements
(94%) and use certified public accountants familiar
with the industry (92%).
A history of successful projects (81%)
and consistent profitability (78%) are considered
important, and many respondents are advising clients
to develop business plans (53%) and reduce overhead
expenses (50%).
The reputation of the contractor is widely
seen as important to getting credit (66%), and
agents often tell their clients to communicate
potential problems early (82%) and improve the
frequency and the quality of job status reporting
(78%).
Experience in a specific geographic area
is identified as important to obtaining surety
credit (59%), and four in 10 (41%) bond producers
advise their clients limit their entry/expansion
into new geographic areas to avoid overextension
of company resources in unfamiliar territories.
Chubbs Altman emphasizes three key points
to improve surety capacity: First, contractors
should work with an agent or broker who brings
added value to the purchase process, such as market
and industry knowledge. The producer should be
able to offer invaluable advice and insights into
how to build capacity. Second, its important
to evaluate the surety, taking into consideration
the management, financial results and long-term
viability. Third, contractors need to build a
solid balance sheet and track record of success.
According to William A. Marino, chairman and CEO
of Allied North America, In the currently
tight surety marketplace, the contractors that
are most successful with their surety partners
are the ones that leave nothing to chance. They
have a clearly defined business plan that is discussed
regularly with their surety and all deviations
from this plan are carefully measured. They know
their costs, and given the strength of financial
controls in place, are capable of compiling accurate
forward-looking financial projections. Their actual
results consistently track favorably to the communicated
projections. The recurring theme here is that
the most successful contractors surround themselves
with professionals that are capable of supporting
the information needs of their planning process
and also provide the necessary guidance to accurately
quantify risk and the exposures inherent in the
construction business.
Three-fourths of surety bond producers in the
survey also report that sureties required personal
guarantees in the past year. This is further reinforced
by the seven in 10 (72%) respondents who say more
than 80% of bonding arrangements require personal
indemnification. In the next three years, 58%
anticipate personal indemnification requirements
will remain at current levels, while 35% expect
requirements will become more demanding.
According to CNA Suretys Welch, We
do not see the need for personal indemnity lessening
over the next few years. Larger, well-capitalized
companies may have the ability to obtain bonds
without personal indemnity. However, each case
will stand on its own.
This sentiment is echoed by Zurichs Cheatham.
There may be some cases where the capital
investment is adequate to avoid the need for personal
indemnity. However, indemnity is viewed as a reflection
of a contractor's confidence in his or her own
company, and sureties want to extend credit to
contractors with consistent successful results.
Respondents to the Grant Thornton survey indicated
that size appears to affect the requirement for
personal indemnification. Bond producers who have
a larger percentage of small clients more often
report that personal indemnification is required.
Conversely, when a major portion of their clients
are larger contractors, these agents are less
likely to report that sureties require personal
indemnification.
Conclusion: Dotting
the Is and Crossing the Ts
During the surety market of the mid- and late
1990s, contractors were able to obtain surety
bonds without much difficulty. In 2005, however,
the surety marketplace is on the cusp of recovering
from the after-effects of years of record losses,
repercussions from Sept. 11, 2001, and the economic
downturn of the late 1990s and early 2000s.
As a result, surety bond producers and surety
company personnel are guardedly optimistic about
future bond capacity and demand, but foresee a
future that will continue to be challenging for
contractors.
Todays more rigorous underwriting processes
have led bond producers to not only guide construction
companies through the process, but also to provide
advice on how to become more bondable.
To position themselves as attractive candidates
in a still tight bonding market, sureties are
urging construction companies to achieve internal
efficiencies, report consistent profitability
and create an environment of effective project
management. Contractors that have the appropriate
processes in place to communicate accurate and
timely informationboth good and badto
sureties have an advantage over those who do not.
Most importantly, construction companies must
produce solid, complete and properly presented
financial statements.
Companies with less-than-pristine past records
may have more difficulty obtaining surety credit.
Presenting a surety with a statement that reflects
a past problem that has been resolved, however,
is less damaging than a statement that includes
current financial uncertainties.
Although some clouds of uncertainty continue to
hover over the surety market, surety bond producers
foresee a brighter future ahead. As the market
improves, construction companies have the opportunity
to dot the is and cross the
ts on their business processes
and financial statements to make themselves more
attractive to sureties today and in the future.
To obtain a copy of the full
text of Grant Thornton LLPs 2005 Surety
Credit Survey for Construction Contractors, visit
http://surveys.gt.com/formprocess/surety.asp.
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Proper Financial
Statement Presentation
Properly presented financial statements
are integral to the process of obtaining
surety credit. Solid financials show the
bond producer and underwriter that the construction
company is financially qualified to perform
the project and presents minimal risk of
future claims.
Bond producers want construction companies
to present the highest caliber financial
statement possible. Today, this means financials
that follow Generally Accepted Accounting
Principles (GAAP) and financials audited
or reviewed by an accounting firm familiar
with construction accounting and recognized
in the surety industry.
Related to GAAP, almost all (98%) bond
producers consider it essential for financials
to be prepared using the percentage-of-completion
accounting method and 86% say related-party
disclosures are essential.
Bond producers also look for industry-specific
disclosures, including a contracts-in-progress
schedule (97%), financial disclosures or
footnotes (94%) and a completed contract
schedule (86%). Three-quarters (78%) want
to see backlog information.
Providing a complete financial presentation
can make the process of obtaining surety
credit much smoother. Surety companies are
requesting more information and looking
at it more closely than during the looser
market of the mid- and late-1990s.
To mitigate future risks, underwriters
are taking the necessary steps to ensure
they bond only contractors that can meet
their obligations.
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Executive Viewpoints |
Henry
W. Nozko, Jr., President
ACSTAR Insurance Co.
We view the longevity and continuity of a construction
company, its shareholders and management as the
most important qualifier for surety credit, followed
by experience with similar type projects, experience
with location and project size. Analysis of a
companys financial information completes
the process. To improve their surety capacity,
I would recommend a construction contractor build
a long-term relationship with its surety market.
One close and solid functioning relationship is
worth more than a thousand promises of more and
cheaper bonds.
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William A. Marino,
Chairman and CEO
Allied North America
The continued consolidation of the surety industry
has placed greater pressure on those remaining
in the business to support the needs of the contractors
that have been displaced by these exiting carriers.
Simply stated, there is no viable market for contractors
with a story that is capable of providing
meaningful capacity. The force at work here is
survival of the fittest. The sureties with the
strongest books of business will be able to generate
the returns necessary to receive the continued
financial support of their corporate parent. Underwriters
are unwilling to support surety programs for firms
that could potentially negatively impact the results
of their respective books of business.
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Geoffrey Heekin, Managing
Director
Aon Surety
There appears to be no reason to suggest that
the surety market will be any less discerning
with regards to the extension of surety credit
during the foreseeable future. Surety credit must
be extended in a more disciplined, cost-effective
manner than it has before. In order to provide
adequate liquidity and scale in the risk-capital
community to support surety risks, pricing must
evidence a greater appreciation for the risk/reward
quotient that exists in the construction industry.
While the surety underwriting process contemplates
a variety of variables, the most critical remains
the proven operational capabilities and adequate
financial resources to operate the business with
minimal reliance on outside funding.
James Altman, Chief
Underwriting Officer
Chubb Surety
The surety industry parallels the construction
industry and both are very cyclical. Overall,
2004 surety results were poor or marginally profitable
and there is some concern that there may be more
departures from the market if unfavorable results
continue. There is a need for positive results
based on profitability and pricing, as well as
solid underwriting standards. While some aspects
of these underlying drivers have improved in recent
years, more will have to be done.
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John Welch, President
and CEO
CNA Surety
The surety industry continues to be under the
microscope of those who invest in it. The industry
obviously needs a good run of moderating loss
activity, but realistically also needs more rate
adjustments and a further paring back of costs.
Whether this can be accomplished is yet to be
seen. Contractors should protect their bond capacity
as a valuable resource and be sure they have chosen
a company that is committed to the business.
Dennis J. Perler,
President
Liberty Mutual Surety
Like the contractors we support, sureties are
subject to economic cycles that periodically separate
stronger from weaker companies. In the last year
alone, five sureties indicated they would exit
surety as a product. Despite this lost capacity,
it is important for contractors to recognize that
many insurance companies still strongly support
surety and that the better companies will invest
the necessary capital and in the people, technology
and claims handling capabilities. Stakeholder
and credit rating agency pressure to achieve target
returns on capital will continue to weed out under-performing
sureties with poorer credit quality portfolios.
By aligning with a responsible underwriting surety,
a contractor is better positioned to have stable
and consistent surety capacity critical to long-term
success.
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Edward J. Heine, Executive
Vice President
Payne Financial Group
and President, National Assn. of Surety Bond Producers
There appears to be a consensus of opinion within
the surety industry about one thingthe surety
industry has to generate profitable results, as
a whole, in order to be able to provide the capacity
and responsiveness that our customers require.
The departure of several surety companies and
reinsurers from the industry and the consolidation
within the primary market create a smaller foundation
for our business, but the overall industry is
still a strong credit facility that is well capitalized.
Overall, the market appears to be stable, returning
to profitability and able to serve most of our
customers with the capacity they require.
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Tim Mikolajewski,
Vice President Contract Surety
Safeco Surety
The top reason that financially distressed contractors
experience difficulties today stems from cash
flow problems, which are caused by a variety of
reasons: job loss, claims on a particular project
where contractor hasnt been paid and uncollectible
receivables that the contractor cant turn
into cash. In terms of a companys size,
there is no question that consolidation will affect
large contractors the most. There should continue
to be good competition and capacity in the small
and medium contractor market.
Thomas M. Kunkel,
President and CEO
St. Paul Travelers Bond
Surety companies that are successful in todays
market will continue to attract capital, maintain
the support of senior management and provide capacity
to the market well into the future. Companies
that are unsuccessful or perform in a marginal
fashion will eventually elect or be forced to
utilize their capital elsewhere.
Consolidation will continue to occur as marginal
performers exit the business or are acquired by
more successful companies with ample capital.
It could also continue as a result of ongoing
consolidation of the property and casualty insurance
industry.
William Cheatham,
President
Zurich North America Surety
Ten years ago most claims occurred from existing
active accounts. Today, our experience is that
approximately 50% of claims originate from accounts
that are no longer customers. By identifying high-risk
clients using credit-analysis tools, Zurich is
able to mitigate claims. Contractors should be
aware that such sophisticated credit-rating applications
may become more standard in the surety industry.
Overall, the three most important factors for
contractors to obtain bonds are: consistent profitability,
quality senior management team with a business
plan that is consistently executed and adequate
working capital and net worth.
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Why is Co-Surety Relevant
in Today's Surety Market? |
By Roland
Richter, Vice President - Liberty
Mutual Surety
With fewer insurance companies
writing surety and diminished overall surety capacity,
many large contractors and their surety partners
are turning to co-surety as a vehicle to maintain
a contractor surety relationship and develop additional
capacity. So what factors have made co-surety
a viable option and what are the risks of co-surety?
The broader use of co-surety today is a direct
result of larger single project and aggregate
work program size, industry consolidation, diminishing
surety capacity and reduced reinsurance capital
for surety. Generally reserved for larger contractors,
co-surety is the process by which one or more
sureties pool their capacity to jointly support
a larger program for a contractor. By definition,
co-surety is the apportionment of liability among
two or more sureties. Depending on the bond language,
each co-surety partner may either be jointly liable
for the full exposure or separately liable for
only their respective percentage share of the
exposure. Similar to bank syndication of loans,
co-surety allows sureties to retain contractor
relationships and develop additional capacity
through a process that limits exposure to the
surety while spreading risk to partners.
Single project sizes and contractor backlogs have
grown in recent years. The May 16, 2005, ENR Top
400 article listed 135 contractors with revenue
over $300 million, of which 74 were over $500
million and 34 over $1 billion. It is not uncommon
for mega construction projects such as major river
bridge crossings, Interstate reconstruction or
transportation initiatives to have single bond
requirements of $200 million or greater. Co-surety
is often the only option for contractors wishing
to pursue such backlogs or larger single projects.
Consolidation has been the greatest driver of
reduced capacity. Since 1997, among those companies
that were part of the top 10 largest surety writers,
two went insolvent, three were acquired and merged
into another company and two exited the product.
During this period, the market share of the top
five writers grew 15.18%, resulting in contractors
having access to fewer sureties willing to support
larger capacity programs.
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Aggregate
Surety Industry Market Share
|
| YEAR |
1997
|
2000
|
2002
|
2004
|
% CHANGE
|
| TOP 5 |
33.32
|
42.14
|
45.73
|
48.50
|
15.18
|
| TOP 10 |
52.71
|
60.05
|
64.41
|
63.90
|
11.19
|
| TOP 20 |
70.09
|
79.76
|
77.85
|
77.89
|
7.80
|
Source: The Surety
Association of America data 1997-2004,
www.surety.org
|
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Surety capacity is directly
related to surety results and over time surety
results have not been favorable. With five and
10-year weighted average loss ratios of 61.02%
and 46.59% respectively, most insurance companies
have failed to make target returns on the capital
they allocate to the surety line.
Reinsurance
companies have also contributed to reduced surety
capacity. As reinsurance companies follow the
fortunes of the companies they reinsure, many
reinsurers have lost substantial money on the
surety product over the past five years. With
high loss payouts and poor returns on capital,
over 12 surety reinsurers have exited this product
line since 2000. Among the remaining companies
reinsuring surety, only about 10 companies are
willing to provide the reinsurance capacity sureties
require to support bonding larger contractors
and projects. Many top surety writers have responded
to reduced surety reinsurance capacity by moving
their non-reinsured surety exposure to co-surety
partners, but this transition has set the foundation
for future surety reinsurance clash
capacity problems.
A reinsurance clash problem is when
a reinsurer greatly expands its exposure on specific
contractors due to a co-surety relationship. Reinsurers
develop exposure from each reinsurance program
they support. If the reinsurance company supports
a single surety on a large contractor, that reinsurer
is liable solely for its percentage share of any
potential loss within the maximum policy limits
of the reinsurance program. For example, Contractor
A has a $1-billion work program at the time of
default and generates a loss to the surety of
$400,000,000. If the surety had purchased a $100
million reinsurance policy with a $10-million-per-principal
retention deductible, then that surety would retain
the first $10 million in loss, recover $90 million
from reinsurers and retain the remaining $300
million of loss.
But should the same reinsurance companies support
three sureties with similar reinsurance programs
that were co-surety on the defaulted contractor,
the reinsurers would be responsible for separate
$90 million recoveries by each surety, resulting
in $270 million in total reinsurance losses on
the co-surety program as compared to a single
$90 million loss on the sole surety program.
The sureties collectively would retain the first
$30 million plus the excess exposure of $100 million
above reinsurance policy limits.
Should
the use of co-surety continue to expand, it is
possible that reinsurance companies will respond
to their expanding exposure by placing limits
on coverage for co-surety contractors and/or reduce
support for sureties actively using co-surety
as a risk mitigation vehicle. It is important
that contractors and agents considering co-surety
situations discuss with their sureties any potential
impact reinsurance may have on the future co-surety
relationship.
Another major risk to contractors is the credit
default risk the original surety takes on the
newer co-surety partners. In situations where
co-sureties are jointly liable to an owner, each
co-surety partner accepts the credit risk of having
to pay the liability of a co-surety that is unable
to pay a bonded claim. This credit risk is in
addition to the credit risk of the contractor.
Over the past five years alone as two top 10 sureties
became insolvent and another was placed under
state insurance department control, several sureties
have assumed the joint liability exposure of the
non-claim paying co-surety partner. When asked
to co-surety, a number of insurance companies
now require the newer co-surety partner to demonstrate
certain capital and credit rating requirements.
These credit security requirements limit the available
pool of insurance companies deemed eligible to
support co-surety.
Ultimately, co-surety is not a perfect solution
for all contactors. Surety capacity is a direct
function of the contractors qualifications,
experiences, character and financial strength.
For contractors having surety capacity problems
due to financial condition, litigation or some
other relevant business consideration, underwriting
concerns may make co-surety unworkable. Co-surety
can only add capacity to contractors that qualify
for additional capacity.
When viewing co-surety as an option, the contractor
and its surety bond producer should consider the
following issues:
Is my surety capacity limited due to underwriting
reasons or due to the capacity limitations of
the current surety?
Will the new co-surety share a similar
underwriting philosophy with the current surety?
Does the new co-surety follow good claims
handling practices?
Is the new co-surety as solid as the current
surety?
Does the new co-surety have reinsurance
restrictions different from the current surety?
Is there risk in maintaining multiple surety
relationships?
What are the business costs of managing
multiple reporting and underwriting processes?
What credit security requirements does
the current surety have for co-surety partners?
Is my surety capacity shortfall a short-term
or long-term concern?
Given that any strong contractor surety relationship
is based on open dialogue and transparency, it
is important that the contractor and its bond
producer engage the current surety in a discussion
regarding the merits of adding co-surety partners.
Most sureties want to retain good contractors
as customers and may be able to provide an alternative
solution to capacity concerns. For situations
where co-surety is the best option, the contractor,
producer and current surety should work together
to identify a new co-surety partner that is mutually
acceptable to all and shares the business and
underwriting philosophy of the parties.
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Opening Markets
to Emerging Contractors |
By Samuel A. Carradine, Director of Development
and Diversity, The Surety Association of America.
It is the goal of the surety industry to provide
bonds to any qualified and capable contractor.
While those contractors who are just setting out
in business and seeking their first bonds may
face a unique set of challenges, the surety industry
is working diligently to develop programs that
help the small and emerging sector of the construction
industry grow and prosper.
After successfully undergoing the thorough prequalification
process and becoming bonded, the contractor can
use the surety relationship and the requirements
for increased bonding capacity to benchmark the
growth of his or her business and to avoid the
pitfalls that beset many small contractors. As
more and more emerging contractors become bonded
and grow their bonding capacity, they provide
both public and private-sector owners with an
increasingly qualified and cost-effective pool
of contractors and subcontractors to bid on their
work.
Members of The Surety Association of America
(SAA) are committed to ensuring that bonds are
available and accessible to all qualified contractors.
Through its Office of Development and Diversity,
SAA is actively involved in a variety of programs
and activities to further the goals of access
to bonding and increased bonding capacity for
minority, women and other emerging contractors.
The Model Contractor Development
Program
Since 2001, SAAs Model Contractor Development
Program (MCDP) has sought to fulfill the following
objectives for small, minority, and women contractors:
Provide education about surety bonds and
help with bondability.
Identify resources available for obtaining
a first bond, such as the SBA Surety Bond Guarantee
Program and similar state and local programs.
Provide assistance and referrals for obtaining
appropriate accounting, project management and
financing expertise.
Assist with increasing bonding capacity.
Other components of the MCDP include networking
and outreach, and advocacy and policy development.
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Associations |
Surety
Information Office (SIO)
5225 Wisconsin Avenue NW, Suite 600
Washington, DC 20015-2014
(202) 686-7463
(202) 686-3656 Fax
www.sio.org
sio@sio.org
SIO is the information source on contract surety
bonds in public and private construction. SIO
is supported by The Surety Association of America
and the National Association of Surety Bond Producers.
The
Surety Association of America (SAA)
1101 Connecticut Avenue NW, Suite 800
Washington, DC 20036
(202) 463-0600
(202) 463-0606 Fax
information@surety.org
www.surety.org
The Surety Association of America (SAA) is a
District of Columbia non-profit corporation whose
members are engaged in the business of suretyship.
SAA member companies collectively write the majority
of surety and fidelity bonds in the United States.
The Surety Association is also licensed as an
advisory organization in all states, as well as
the District of Columbia and Puerto Rico, and
is the designated statistical agent for all insurance
departments, except Texas, for fidelity and surety
experience. The SAA represents its members on
matters of common interest before various federal,
state and local government agencies.
National
Association of Surety Bond Producers (NASBP)
5225 Wisconsin Avenue NW, Suite 600
Washington, DC 20015-2014
(202) 686-3700
(202) 686-3656 Fax
www.nasbp.org
info@nasbp.org
NASBP is the international organization of professional
surety bond producers and brokers. NASBP represents
more than 5,000 personnel who specialize in surety
bonding; provide performance and payment bonds
for the construction industry; and issue other
types of surety bonds, such as license and permit
bonds, for guaranteeing performance. NASBP's mission
is to strengthen professionalism, expertise and
innovation in surety and to advocate its use worldwide.
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2005 Surety Directory |
| CALIFORNIA |
COLORADO |
South
Coast Surety
(West Coast Bonds Only)
209 Avenida Fabricante,
Ste. 120
San Clemente, CA 92672
Phone: (949) 361-1692
Fax: (949) 361-9926
www.southcoastsurety.com
Contact: Steven Swartz, President
surety@southcoastsurety.com |
HRH
National Construction Practice
720 S. Colorado
Blvd, Ste. 600N
Denver, CO 80246
Phone: (800) 332-9950
Fax: (303) 302-4339
www.hrh.com
Contact: Kevin McMahon, Executive Vice President
Kevin.mcmahon@hrh.com |
| ILLINOIS |
INDIANA |
Mesirow
Financial
321 N. Clark St.
Chicago, IL 60610
Phone: (312) 595-6976
Fax: (312) 595-4374
www.mesirowfinancial.com
Contact: Jacqui Norstrom, Managing Director
jnorstrom@mesirowfinancial.com |
M.J.
Schuetz Agency, Inc.
55 Monument Circle,
Ste. 500
Indianapolis, IN 46204
Phone: (317) 639-5679
Fax: (317) 639-6910
www.mjschuetzagency.com
Contact: Vickie L. Wolcott, President
vwolcott@mjschuetzagency.com
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| OHIO |
|
Hilb
Rogal & Hobbs (HRH)
2245 North Bank
Drive
Columbus, OH 43220
Phone: (800) 837-0503 x4883
Fax: (614) 326-7857
www.hrh.com
Contact: Jack Kehl, Assistant VP, Surety
Jack.kehl@hrh.com |
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| special advertising sections |
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