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This report outlines the current surety issues affecting highway construction as discussed in the AASHTO Subcommittee on Construction. It highlights key financial indicators including a weak recovery, stagnant GDP growth, and concerns about the unemployment rate. The report emphasizes the importance of maintaining financial discipline amid tight budgets and discusses the implications of loss ratios in surety. Furthermore, it addresses significant topics such as alternative procurement methods, bond education, and the regulatory landscape necessary for safeguarding against fraudulent surety companies.
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Current Surety Issues in Highway Construction August 2, 2011 AASHTO Subcommittee on Construction
Agenda • Financial report • Current issues • Questions
Financial Report • Lagging indicator • Recovery – weak and slow • GDP growth – nothing to write home about
Financial Report • Lagging indicator • Recovery – weak and slow • GDP growth – nothing to write home about • Consumer Confidence Index • Unemployment – jobs, jobs, jobs
Financial Report • Lagging indicator • Recovery – weak and slow • GDP growth – nothing to write home about • Consumer Confidence Index • Unemployment – jobs, jobs, jobs • Tight budgets • Construction spending • Not out of the woods yet
Financial Report - Surety • 2009 loss ratio – 19% • 2010 loss ratio – 13.2%
Where are all the losses – the wet blanket • By no means a hot recovery • Maintain discipline? • Beware of the ramp up
Surety Issues • Waivers/threshold increases • Mentoring and technical assistance program • DOT/SFAA partnership • Bond Education Program • Workshops • Readiness
Surety Issues • Alternative procurement methods • PPP • Bond requirements • Size of bond • Negotiated delivery
Surety Issues • Mega projects • Capacity to meet need has expanded. • Right project/right contractor • Require largest amount reasonably available
Surety Issues • Long term warranties • > 5 years • Certainty of judgment is reduced. • Reduced certainty = increased risk • Availability affected • Alternatives • Reduce term of warranty • Annual renewable bond • Exclude from performance bond
Surety Issues • Onerous bond forms • Short response time • Terms that limit how a surety responds to a defaults • Automatic increases to the penal sum
Know Your Surety • Surety is insurance. • Oversight and regulation is critical. • Beware of the fraudulent surety. • Sources of information • SFAA • State insurance agency • Best
Contact Information • Robert J. Duke • Director of Underwriting/Assistant Counsel • The Surety & Fidelity Association of America • 202-778-3630 • rduke@surety.org