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New developer risk management initiative launched in Calgary

A common practice in cities across Canada is that residential land developers are required to post letters of credit (LOC) prior to securing land development approvals to offset potential risks posed by such costs as site servicing and deferred levy payments. “The letter of credit is a form of security where, in the event the developer does not complete the project according to the agreement, the City can call on the letter of credit as security,” says Fraser de Walle, senior vice-president, national residential construction project leader with Marsh Canada, a major surety company, working in insurance brokering and risk management. “It’s all about transfer of risk and when the City allows developers to develop land, they incur risks that they must protect themselves against.” While it is good business practice for cities to protect themselves, and therefore, their taxpayers from risks associated with some developments, a letter of credit ties up developers’ capital, which could be better spent on other projects. In the middle of March, the City of Calgary became the only top-10 major city in Canada to forgo the LOC in favour of a Developer Surety Bond, says de Walle “A Developer Surety Bond provides protection to the City, guaranteeing that the developer will complete the project development,” he says. “Developer Surety Bonds are commonly used throughout the United States but are just now starting to be accepted by municipalities in Canada. The City of Calgary is trailblazing this initiative among the major cities in Canada.” Hand-in-hand with BILD Calgary Region, de Walle and the City of Calgary administration have been working on the initiative since April 2018 and it’s a win-win situation for developers, the City and new home buyers. “The Developer Surety Bond acceptance by the City of Calgary is a major positive progressive move by the City to create business opportunities and support industry and city teamwork towards new home purchase affordability in our city,” says de Walle. “There are several positives to the City accepting a bond as an alternative to the LOC. A bond is classified as off-balance sheet security, meaning it does not tie up capital in the same way that an LOC does. When that capital is freed up, a developer can pay down costs and invest in new projects and/or innovation and in an economy like we are in today, the opportunity for a developer to free up capital is significant. “And it does affect the home buyer because when a developer is more liquid and has better access to capital, this will improve their business conditions and aid in improved affordability for the consumers.” The move is the latest in a business-friendly relationship that has formed between BILD Calgary Region and The City of Calgary. BILD was formed three years ago with the amalgamation of the Canadian Home Builders’ Association Calgary Region and the Urban Development Institute-Calgary. “By removing financial barriers for business owners, our aim is to strengthen Calgary’s reputation as a great place to invest in land development and redevelopment,” says Darren Lockhart, managing director of Calgary Approvals, adding the City’s decision to accept bonds issued by a surety company comes after consulting with stakeholders in the industry. “The City is working to make improvements for businesses in Calgary that make it easier to invest. “Our hope is that this business-friendly change will allow our developer partners to invest those funds into projects that make Calgary one of the most livable cities in the world.” Another benefit is, in the event of a company transferring their ownership, bonds can be transferred in a manner similar to letters of credit. For companies that choose to use surety bonds to secure their development obligations, the City’s security reduction process will continue to be the same as with letters of credit. Once the Final Acceptance Certificate has been issued, bonds will simply expire after one year; no further action is required by a developer. The LOC system will remain in place, as not all developers will be approved to have access to the use of the Developer Surety Bond, says de Walle. “The bond promotes good development, meaning companies that have a solid balance sheet and history will be more quickly approved for the bond,” he says. “There may be some cases where a developer would need to use a combination of LOC plus a bond. Or there may be some cases where the developer cannot get approved for a bond — these would be the same developers that may have issues gaining access to capital from the bank.” In the end, the initiative benefits all involved. “For the City of Calgary, it removes barriers to entry for good development. Acceptance of the bond promotes growth and sends a message to the development industry that the City of Calgary is open for business, innovative and listening to the needs of the development industry,” says de Walle. “A Subdivision Security Bond provides the same quality of financial protection as a Letter of Credit. The bond pre-qualifies the developer, providing assurance to the City that the developer is qualified to successfully complete the development. The developer is motivated to perform the development obligations due to the indemnities provided to the surety by the developer.” https://calgarysun.com/life/homes/new-developer-risk-management-initiative-launched-in-calgary

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Study predicts high costs for pre-trial release

The report said the bail system costs taxpayers far less. As Florida lawmakers consider expanding pre-trial release programs, a new University of Tampa study suggests that the cost could be prohibitive. David Krahl, assistant professor of criminology and criminal justice, said sticking with bail will save the justice system considerable dollars. His study shows surety bonds cost the state almost nothing. Other forms of unsecured pretrial release, meanwhile, cost more than $95 million over a three-year period. “The notion that large numbers of defendants are languishing away in jail simply because they cannot afford the cost of a surety bond to secure their pretrial release is sheer fiction,” Krahl said. The professor presented his findings last month to the Professional Bail Agents of the United States. Now, bail bondsmen in Florida are pointing to the data as one more sign that reform remains unnecessary. But state Sen. Jeffrey Brandes, a St. Petersburg Republican, disagrees. He continues to make the case for pre-trial release. His legislation (SB 534) already passed through the Senate Criminal Justice Committee unanimously. It now heads to Appropriations Subcommittee on Criminal and Civil Justice. Brandes has maintained establishment of a supervised bond program will allow law enforcement to manage jail populations. It will also allow incarcerated individuals to return to families and jobs faster. “It will be a great tool for everybody,” Brandes said. “It will help sheriffs manage jail populations, and it will help individuals get back to life quicker.” That also means less will be spent on bail bonds, which brings obvious financial consequence for the industry. But bail bondsmen say it’s not just self-interest driving their opposition. In fact, they say bail continues to be the best option for many low-level offenders. https://floridapolitics.com/archives/291696-university-tampa-pre-trial-release291696

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legislation

North Dakota Modifies Surety Bond Requirements

North Dakota has modified the surety bond requirements under the Money Brokers Act. Presently, the law requires a surety bond in an amount not less than $25,000. N.D. Cent. Code Section 13-04.1-04.01(1). Effective August 1, 2019, the new minimum amount of the bond will be $50,000. https://www.natlawreview.com/article/north-dakota-modifies-surety-bond-requirements

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Contractor defaults on Truro Township fire station [Westfield]

The opening of a new Truro Township fire station on East Main Street in Reynoldsburg has been delayed again, this time until August, because the general contractor, Palmetto Construction Services LLC, abandoned the project last month. The opening of a new Truro Township fire station on East Main Street in Reynoldsburg has been delayed again, this time until August, because the general contractor, Palmetto Construction Services LLC, abandoned the project last month. The station has already faced weather delays. Its original December 2018 completion date was moved to January 2019 because heavy rain the previous spring delayed foundation work. The opening date was moved again to April this year before Palmetto backed out of the project. Palmetto “voluntarily defaulted” on its contract to build the $3.9 million Fire Station 161 in February, Truro Township fire Chief Jeff Sharps said. A Feb. 6 letter sent by email and certified mail to Sharps said the Columbus-based company “is unable to complete the … contract and does voluntarily default said contract.” The letter was signed by Casey Cusack and Jerry Diodore, both principals in the company. An email to the company seeking comment was not answered; a recording on the company’s telephone line said the voicemail box was full and could no longer accept messages. Administrator Jason Nicodemus said Truro Township had paid Palmetto $1,611,744. Fire Station 161 is about 50 percent complete, Sharps said, but construction has continued because the project’s surety bonding company, Ohio Farmers Insurance Company-Westfield Group, took over for Palmetto in mid-February and has retained most of the subcontractors Palmetto originally hired. Since the Westfield Group took over, there has been a “lot of movement at the station,” Truro Township trustee Pat Mahaffey said. “They didn’t really miss a beat. Three days later, there were people on the job and there’s been a steady stream of workers in there ever since. “Construction isn’t a perfect science and it’s unfortunate that Palmetto had this problem … but we made sure we had a good bonding agent in place. Because of the surety bond, the delay is not expected to increase construction costs, officials said. “When we were vetting the prospective bidders, the township did everything it could in terms of our due diligence,” Sharps said. “Nothing that we saw gave us any indication that this was going to happen or we wouldn’t have picked (Palmetto). “We are doing anything and everything in our power to make that opening date,” Sharps said. “This project has gone slowly but if we can get it done by August, we’re looking at about 18 months since we demolished the old station. We’re making sure we’re spending the taxpayers’ money properly. That station has to be built right and it’s got to last.” https://www.thisweeknews.com/news/20190306/contractor-defaults-on-truro-township-fire-station

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With 7.5% Growth Rate Surety Market to Reach US $28.77 Billion by 2027

Surety Market to 2027 – Global Analysis and Forecast by Bond Type. In terms of revenue, the global Surety market accounted for US$ 15.33 Billion in 2018 and is expected to grow at a CAGR of 7.5% over the forecast period 2019–2027, to account for US$ 28.77 Billion in 2027. Pune, India — (SBWIRE) — 03/06/2019 — The report highlights the trends prevalent in the global surety market and the factors driving the market along with those that act as deterrents to its growth. Currently, the surety market penetration rates in the North America region is higher than any other markets across the globe. This is attributed to most of U.S. State governments’ laws that mandate surety bonds. Both the U.S. and Canada Surety markets are majorly ruled by insurers, while banks also play a significant role. However, SAM and APAC region is anticipated to grow at the highest CAGR. The global surety market by geography is segmented into five regions including North America, Europe, Asia Pacific, Middle East & Africa and South America. Market is currently dominated by North America followed by Europe however, the market in South America is growing at a highest CAGR. Some of the major companies operating in the market include AmTrust Financial Services, Inc.; Crum & Forster; CNA Financial Corporation; American Financial Group, Inc.; The Travelers Indemnity Company; Liberty Mutual Insurance Company; Hartford Financial Services Group, Inc.; HCC Insurance Holdings; IFIC Surety Group; and Chubb Limited among others. Merger and acquisition is expected to be the key growth strategy to be adopted by players for next two-three years. However, this strategy could impact competition, it is also expected to generate new market as well as product opportunities as recently combined companies will thrive to maintain position and profitability. The major companies operating in the market include AmTrust Financial Services, Inc.; Crum & Forster; CNA Financial Corporation; American Financial Group, Inc.; The Travelers Indemnity Company; Liberty Mutual Insurance Company; Hartford Financial Services Group, Inc.; HCC Insurance Holdings; IFIC Surety Group; and Chubb Limited among others. The report focuses on an in-depth segmentation of the Surety market based on bond type. The geographic segmentation of the report covers five major regions including; North Americas, Europe, Asia-Pacific (APAC), Middle East and Africa (MEA) and South America (SA). The regional market has been further bifurcated by respective countries. By bond type, contract surety bond accounted for the largest share of the surety market in 2018. Read more… http://www.digitaljournal.com/pr/4194681

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Arch Insurance awarded $39 million in stadium indemnity dispute

A Connecticut construction firm must indemnify an Arch Insurance Group Inc. unit for $39.1 million in connection with the building of a minor league baseball stadium, a federal district court has ruled. Arch Insurance Co., a unit of Jersey City, New Jersey-based Arch Insurance Group, had issued surety bonds to North Haven, Connecticut-based Centerplan Construction Co. in connection with its construction of the Hartford Stadium, according to Wednesday’s ruling by the U.S. District Court in Hartford, Connecticut, in Arch Insurance Co. v. Centerplan Construction Co. et. al. The stadium, which is known as the Dunkin’ Donuts Park, is the home field of the Hartford Yard Goats of the Eastern League baseball team. General indemnity agreements were issued in connection with the surety bonds that obligated Centerplan and its related companies to indemnify Arch for any losses and expenses it sustained because of the bonds, according to the ruling. In June 2016 the city of Hartford terminated Centerplan’s design-build agreement for the stadium’s construction citing “continued defaults,” according to the ruling. Arch entered into a takeover agreement with Hartford and the Hartford Stadium Authority to complete the stadium’s construction. Arch filed suit against the defendants in U.S. District Court in November 2016 on charges including contractual indemnification. The indemnity agreements govern Arch’s right to indemnification, said the ruling. “Because the Defendants have failed to provide evidence from which a jury could reasonably conclude that Arch acted on the Hartford Stadium and performance bonds in bad faith, there is no dispute as to an issue of material fact, and Arch is entitled to indemnity for payments on these claims as a matter of law,” the ruling said, in awarding the insurer $39.1 million. https://www.businessinsurance.com/article/20190215/NEWS06/912326741/Arch-Insurance-awarded-$39-million-in-minor-league-stadium-indemnity-dispute

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Surety Outlook 2019: The Peak of the Cycle

By the end of 2018, the construction and surety industries remained robust and resilient. For most contractors, backlogs are as strong as they have been in over a decade, margins have returned to pre-recession highs and work is abundant. For surety companies, profits are at an all-time high, loss margins remain low and demand for bonding, along with total spending in the building industry, continues to grow across the nation. According to the U.S. Census Bureau, total construction spending in 2017 was $1.24 trillion and is expected to grow to over $1.35 trillion by the end of 2018. Along with construction spending, the surety industry’s historic results have continued to improve. Since 2012, the direct written premium for the industry has grown from $5 billion to over $6.2 billion at the end of 2017, an increase of over 23 percent. And the industry does not appear to be slowing down any time soon, with projected direct written premiums of more than $6.5 billion in 2018. The continued results and positive forecast for both underwriters and contractors have many wondering, “When is the market going to reach its boiling point and how do I prepare for the inevitable decline?” Many subcontractors, overextended with work opportunities and thin on resources, have started to show signs of struggling and an increase in defaults. This growing frequency of subcontractor defaults has resulted in some of the industry’s largest sureties experiencing significant general contractor failures domestically and internationally. Rather than speculate, surety reinsurers are beginning to institute firmer underwriting compliance standards for front-line sureties. In response, surety underwriters are depending even more on their clients and agents to proactively manage their operation and risks associated with growth in an expanding economy. “Best-in-class” contractors are using the market’s positive growth and outlook to focus on what they do best and intelligently grow their backlogs, rather than over extending themselves by taking on work far outside their abilities and capacity. As growth continues, three main questions continue to be at the top of all contractors’ and underwriters’ minds: labor shortages, material costs and governmental policies. CONTINUING LABOR SHORTAGES The ability to attract and retain skilled labor is the number one concern of general contractors, subcontractors, suppliers and vendors. Although the quantity of skilled labor has increased in recent years, it has not kept up with the increase in construction spending. As a result, the industry is experiencing one of the largest labor shortages in history. The 2008 recession saw backlogs shrink and contractors were focused on managing overhead and ensuring sustainability. To survive, many had to make difficult decisions to lay off key employees, opting to keep only the most vital roles filled. Many of the employees who were laid off were unable to find work and forced to retire or seek employment in other industries. At that time, training and developing the construction industry’s future work force and leaders were non-existent. In addition, high schoolers became more focused on four-year college placement as opposed to joining the workforce immediately upon graduation or learning a trade. Today’s contractors are feeling the long-term effects of this mass exodus in the construction labor market and, now with demand at an all-time high, contractors simply don’t have the supply of skilled labor to match the need. The year 2018 marked that largest gap in growth between new construction employment and construction spending since post-recession. Read More … http://constructionexec.com/article/surety-outlook-2019-the-peak-of-the-cycle

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report

Surety Market to Achieve Significant Growth in the Near Future

AmTrust Financial Services; Crum & Forster, American Financial Group; The Travelers Indemnity Company; Liberty Mutual Insurance Company Surety Market report aims to provide a 360-degree view of the market in terms of cutting-edge technology, key developments, drivers, restraints and future trends with impact analysis of these trends on the market for short-term, mid-term and long-term during the forecast period. Further, the report also covers key players profiling with detailed SWOT analysis, financial facts and key developments of products/service from the past three years. Global surety market is expected to grow from US$ 15.33 Bn in 2018 to US$ 28.77 Bn in 2027 at a CAGR of 7.5% between 2019 and 2027. The report aims to provide an overview of the global surety market with detailed market segmentation. Also, it analyzes the current surety market scenario and forecasts the market till 2027. The report covers market dynamics affecting the surety market during the forecast period. Furthermore, the report analyzes the competitive scenario, geographic trends, and opportunities in the surety market with respect to all geographic regions. The report also includes the detailed company profiles of the key players in the surety market along with their market strategies. The report also provides the SWOT analysis for all company profiled in the report. Request Sample Copy is Available at: bit.ly/2Sug3do The report enables you to: Formulate significant competitor information, analysis, and insights to improve R&D strategies Identify emerging players with potentially strong product portfolio and create effective counter strategies to gain competitive advantage Identify and understand important and diverse types of Surety under development Develop market entry and market expansion strategies Plan mergers and acquisitions effectively by identifying major players with the most promising pipeline In-depth analysis of the product’s current stage of development, territory and estimated launch date Surety market is experiencing good growth across all the geographical regions of the globe, with the increasing demand for infrastructural development as well as residential construction. Furthermore, the rising adoption of public-private partnership model is another factor fueling the growth of the market. The major companies operating in the surety market include AmTrust Financial Services, Inc.; Crum & Forster; CNA Financial Corporation; American Financial Group, Inc.; The Travelers Indemnity Company; Liberty Mutual Insurance Company; Hartford Financial Services Group, Inc.; HCC Insurance Holdings; IFIC Surety Group; and Chubb Limited among others. The report focuses on an in-depth segmentation of the Surety market based on bond type. The geographic segmentation of the report covers five major regions including; North Americas, Europe, Asia-Pacific (APAC), Middle East and Africa (MEA) and South America (SA). The regional market has been further bifurcated by respective countries. By bond type, contract surety bond accounted for the largest share of the surety market in 2018. Don’t miss out on business opportunities in Surety Market. Speak to our analyst and gain crucial industry insights that will help your business grow. Currently, the surety market penetration rates in the North America region is higher than any other markets across the globe. This is attributed to most of U.S. State governments’ laws that mandate surety bonds. Both the U.S. and Canada Surety markets are majorly ruled by insurers, while banks also play a significant role. However, SAM and APAC region are anticipated to grow at the highest CAGR. Read More… https://www.openpr.com/news/1578564/Surety-Market-to-Achieve-Significant-Growth-in-the-Near-Future-AmTrust-Financial-Services-Crum-Forster-American-Financial-Group-The-Travelers-Indemnity-Company-Liberty-Mutual-Insurance-Company.html

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legislation

Iowa Attorney General issues warning over post cards

DES MOINES, Iowa — Iowa Attorney General Tom Miller is busy making sure Iowans know a scam when they see one. Miller is cracking down on contractors. He proposed a new law that would require contractors to have a $75,000 bond they would pay customers if they fail to complete a job properly. The Attorney General’s office says the number of complaints against contractors rose 28 percent in the last year alone. The Attorney General isn’t only cracking down on contractors. Miller also wants to find out if you or someone you know has received a postcard that he says is not from the federal government. The cards were sent to more than 61,000 Iowans. There’s a picture of the US Capitol on it. It’s stamped “official business” and promises free government benefits. But, it’s actually an insurance pitch. The Missouri company who mailed the cards has been ordered to stop. The company also has to pay a $5,000 fine. https://www.kcci.com/article/brewery-gaining-national-attention-for-infusing-native-american-roots-in-beers/26304952

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Trade credit claims spike points to growing insolvency risk

The economy could see more businesses becoming insolvent, with the number of trade credit insurance claims shooting up 41% in the December quarter from a year earlier. Data collected by National Credit Insurance (NCI) puts the value of each claim at about $97,000. Last year insurers paid out $64 million in trade credit claims, which was up 19% from 2017. “Our findings reveal a higher level of defaults from overdue payments and collection activity,” NCI MD Kirk Cheesman said. “Generally, an increase in these areas typically results in increased insolvency activity within 6-12 months.” The data indicates businesses are becoming caught up in the patchy economic conditions, which saw many retailers closing down during the December quarter – a period when consumer spending is usually at its strongest because of the festive season. Tasman Market Fresh Meats and Laura Ashley were among the big names that went out of business last year. “When it comes to overdue debts, we’re finding that businesses are increasingly willing to take early collection action against their customers and suppliers,” Mr Cheesman said. “And if they’re not paid promptly, they’re increasingly taking legal action.” The NCI Trade Credit Risk Index, a forward-looking indicator of company insolvencies, went up 4% to 798 points in the December quarter, the highest score in three years. The index is derived from combining insurance claims, collection actions and overdue payments data. It may be the ideal time for companies to review their trading terms to prepare for the worsening business outlook. “When companies collapse many others are left out of pocket, so it’s a good time for businesses to review their customers and suppliers and the credit levels they’re granting,” Mr Cheesman said. “All businesses need to remember that trade credit insurance is the best safety net against bad debts, enabling them to insure against customers defaulting on payments due to insolvency.” https://www.insurancenews.com.au/daily/trade-credit-claims-spike-points-to-growing-insolvency-risk

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