Subdivision Developer Bonds provide municipalities with protection from financial loss caused by developers failing to abide by and fulfill the terms outlined in a subdivision agreement. These types of contract surety bonds tend to provide more sustainable security solutions than letters of credit. The actual Interesting Info about Subdivision Developer Bonds.
Choose a bonding company with industry knowledge and an efficient process. They will offer competitive rates while helping you avoid expensive delays.
The Purpose
Subdivision Developer Bonds provide local governing authorities with assurances that a developer will abide by and fulfill his or her obligations set out in a subdivision agreement and required bond forms while assuring buyers of lots within it that public improvements mandated in its agreement will be built as promised. Compared with letters of credit, bonds enable land developers to access cash more quickly while offering more sustainable security to obligees.
Principals, builders, or individuals needing bonds will often be required to submit financial statements that show both personal and business finances in order to be fully underwritten for bonds. Additionally, an engineering estimate must be provided, which gives a basic estimate of what costs should be expected during and upon completion of the project.
Payment bonds are frequently required for material suppliers, laborers, and subcontractors to protect them in case their contract with the principal is canceled. Claims against payment bonds are reviewed by experienced staff from surety companies before being settled; this helps prevent frivolous or fraudulent claims from being paid out.
Given the considerable risks involved with these bonds, many surety companies require that principals use an experienced construction project management firm. Furthermore, bonding companies may require evidence that work will be completed in phases so liabilities can be closed out more rapidly.
The Process
Subdivision developer bonds provide contractual surety that assures a municipality (obligee) that landowners/developers will correctly complete public improvements for new development projects. They work similarly to site improvement bonds but specifically target new development.
Attaining a subdivision bond begins by reaching out to a reliable surety agency. A good agency will guide you through the application and questionnaire processes and ask for specific details regarding both business and personal financial data relating to all principal owners/principals, including three fiscal year-end financial reports, concurrent personal financial statements, resumes on all principal owners/principals as well as completed projects lists, banking relationships, business continuity plans as well as copies of any trust, partnership or operating agreements that need to be submitted as supporting documentation.
Additionally, an underwriter will require assurance from both the engineer and architect that their estimate accurately represents what will be needed to complete a project. They’ll want proof that funds for the completion of the said project exist through firm bids or signed contracts with trade contractors; additionally, performance and payment bonds from them may also be necessary to guarantee satisfactory performance.
Once a claim is resolved, the principal will need to reimburse the surety company for all amounts claimed plus interest and fees associated with its settlement. An issue of claim may cause delays on projects; however, this should actually serve as an incentive for principals to complete work according to their Subdivision Agreement with municipalities on time and within its terms.
The Cost
Subdivision Developer Bonds, commonly referred to as plat bonds, completion bonds, or construction performance bonds, guarantee that land developers will complete various improvements for site development projects like streets, curbs, sewers, and utilities regardless of whether the property sells. Municipalities often require these bonds to ensure that these essential public systems will still meet the requirements when constructed by land developers.
Claims against subdivision developer bonds can be filed by parties who have been wronged to seek financial compensation up to the total amount of the bond, much like other construction/contract bonds. But unlike other types of surety bonds, in a claim situation involving this type of Subdivision Developer Bond, the claimant may not assume that the surety company will suffer financial loss when claims against it arise; rather, obligations such as Municipalities that require these bonds pay out claims up to that limit from the principal.
Surety companies that issue bonds typically conduct extensive background investigations of applicants and their businesses before providing bonds, as well as proof of sufficient funds allocated towards bonded projects – this may include bank statements showing enough funding or letters from reputable banking institutions that confirm a separate account has been opened specifically for the project. To reduce risk exposure, surety companies that issue such bonds typically require extensive background investigations on bond applicants as well as evidence that sufficient funds have been set aside for such endeavors.
The Benefits
Once upon a time, developers planned neighborhoods by purchasing land and then hiring contractors to build them. Now that construction takes place in more varied ways, the lines between those who develop properties and those who make them have blurred somewhat. But no matter who does what, all involved with subdivision development need to remember they may need developer bonds for any such ventures.
Bonds ensure that improvements are completed on the property as requested by municipalities requiring bonds. If this doesn’t occur on time or adequately, municipalities that require the bond can file a claim with their surety company to recover any financial loss caused by developer failure.
As soon as a surety company settles a claim, its principal must recompense them plus interest and fees to the surety. This ensures that settlement money won’t be used to cover personal losses instead of being put towards fulfilling all necessary obligations and improving infrastructure within their municipality.
Subdivision bonds offer more flexible terms and an expedited approval process compared to letters of credit without tying up working capital. Furthermore, these forms of credit do not require that individuals or businesses undergo financial assessments as part of the application process.
