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When building, it pays to have insurance in place. Among the best
insurance policies for construction that an owner can buy are the
Performance, and the Labour & Materials Bonds.
We explained how the owner is protected during the bid stage by a bid
bond. Once the tender process has been completed and the contractor is
prepared to sign the contract to build, it’s time to exact the next stage
of protection.
Most often, Performance Bonds and Labour & Material Bonds are used in
tandem. Each has a specific purpose and together they provide insurance
that the building will be completed and that the suppliers and
contractor’s direct subtrades to the general contractor are paid.
These bonds are usually based on a percentage of the construction cost –
most often either 50% or 100%. The costs of these bonds are provided to
the contractor similar to insurance quotes and charged to the
contractor by the insurance company often as a cost per thousand of
construction cost. That
bond cost is included in the tendered amount charged by the contractor to the
owner/purchaser.
First, the Performance Bond is an insurance policy designed to ensure that
the construction project is completed. Should the contractor default for
any reason, the bonding company will provide the extra funding as may be
required to finish the project.
The Labour and Materials Bond is a policy designed to guarantee the all of
the materials and services that the contractor solicits are paid for. Now
I understand that some may say that contracts requiring Statutory
Declarations cover this – and that is true.
However, if the contractor signs the ‘Stat Dec’ but does not pay trades or
suppliers, there can be a wad of litigation with a tremendous amount of
accounting required by the owner. This can cause a horrific burden on a
company’s administration. With an L&M Bond in place, the responsibilities
are handed down to the bonding company.
Needless to say, bonding companies scrutinize contractors carefully before
awarding them bonding. And the status of existing bonds with those
companies is monitored as well to ensure that contractors do not extend
themselves beyond the limits that the bonding company seems prudent.
With these bonds in place, the owner can go about the business of
administering the construction work without the worry of the contractor
defaulting or not paying subtrades and suppliers.
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The next protection that the owner will require is to get completed building insurance quotes (and of course contents insurance quotes).
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