Surety bonds are designed to protect one party from an obligatory failure by another party. A surety bond is a promise made to one party, the obligee, to be paid a defined amount by another party, the principal, if the principal fails to meet some obligation agreed upon previously. For example, if the principal fails to fulfill the terms of a contract between the principal and the obligee, then a previously established surety bond would require the principal to pay the obligee a certain amount of money. These bonds protect obligees from accruing losses from the principal’s failure to meet his or her obligations.
Surety Bond Basics
Surety bonds are contracts made between three parties. These parties include the obligee, the principal, and the surety, the party who assures the obligee that the principal will perform the task agreed upon. The surety party is typically some type of bonding company. Principal’s usually make agreements with these bonding companies and pay the company an annual premium for the company’s assurance services and financial means to extend surety credit. When the obligee makes a breach of contract claim against the principal, then the insurer investigates these claims. If the surety determines that the claim is valid, then the amount specified in the surety bond will be paid by the surety. In turn, the principal will be required to reimburse the surety the amount paid to the obligee and any legal fees that may have been accrued. The crucial aspect of any surety bond is the penal sum. The penal sum is the amount defined in the bond to be paid to the obligee in the event the principal defaults on his or her obligation. In the United States, surety bonds are common and annual premiums amount to $3.5 billion.
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