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SubGuard Product |
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Traditional Bonds |
| 1. |
Definitions are vague or non-existent |
1. |
Terms and conditions generally are understood |
| 2. |
No legislative support |
2. |
State and Federal legislative support |
| 3. |
Untested in courts - no precedents |
3. |
Long history of case law clearly established |
| 4. |
Deductible and co-payment required before coverage is activated |
4. |
Coverage applies from first dollar |
| 5. |
Insured pays losses then tries to recoup |
5. |
Surety pays losses |
| 6. |
Insured takes over project and manages defaulting owner's obligations |
6. |
Surety may be called upon to take over, or otherwise arrange for, performance of contract |
| 7. |
Insured is responsible for gathering financial information and determining which subcontractors/suppliers are acceptable |
7. |
Surety provides underwriting and pre-qualification |
| 8. |
Coverage can be voided if procedures are not followed or if incorrect information is developed |
8. |
Once executed, a bond remains in force |
| 9. |
Policy can be canceled by the insurance company |
9. |
A bond cannot be canceled |
| 10. |
Insured commits to a 3 to 5 year term |
10. |
Owner not locked into an ongoing agreement |
| 11. |
Questionable degree of risk transfer |
11. |
Risk of contractor default transferred to surety |
| 12. |
Insured must pick an aggregate limit of liability and hope it is sufficient |
12. |
Owner can elect to have performance and payment bonds each equal to 100% of the contract price |
| 13. |
Insured is prohibited from disclosing existence of insurance contract to subcontractors/ suppliers |
13. |
Subcontractors are responsible for procuring their own bonds |
| 14. |
Administrative burden on prime contractor to secure financial information, review it and determine acceptability |
14. |
Minimal administrative burden: Set bond requirements and make sure subcontractor complies |
| 15. |
Claims-made policy (requires claims to be made during the policy period) - defective work discovered after the policy expires or is canceled would not be covered |
15. |
Bond continues to provide protection against legitimate claims until time for filing a suit as stipulated in the contract, bond or statute of limitations runs out |
| 16. |
Owner presumably could incur a concentration of risk with a potential unfunded liability which may require a CPA to footnote the audit |
16. |
No such condition exists with a bond |