But is the guarantor`s right to reimbursement under the IGA absolute? No, but Cagle Construction, LLC v. The Travelers Indemnity Co. illustrates why contractors should understand the scope and application of their GANs when applying for bondage. To make this agreement clear and legal, the guarantee companies require customers to sign a clearing agreement. How does the guarantor compensate for its losses if a contractor does not comply with its obligation? Through the compensation agreement required before the issuance of a guarantee. When you obtain a guarantee for your business, three parties must be involved: the company issuing the bond, sometimes referred to as an underwriter; Your company, the customer; and a government agency or other party applying for the loan, the recipient. Although a valid guarantee requires only these three parties, it is often a fourth party – the person entitled to compensation. The role of the beneficiary of the compensation is exclusively to cover all losses suffered by the guarantee of the guarantee, such as. B unpaid premiums, court costs or lawyers` fees. Although you get collateral, most bond companies require you to sign a clearing agreement.
However, there are some cases where a signed netting agreement is not required. B for example for bonds that do not require a credit check. As a general rule, if you buy a higher-risk bond, you should expect an IAM requirement. The above-mentioned persons entitled to compensation are obliged to protect the guarantor against any loss or expense incurred by the guarantor as a result of the issuance of the surety on behalf of the entrepreneur. These losses include what is paid to carry out the project, as well as any costs that the guarantor may have to pay to investigate the claim itself. Cagle Construction admitted that it had been “ordered on site”, but denied being in default with any of the contracts. The court ruled that Cagle was required to repay the warranty because GAI`s indemnification obligation was triggered by the GDoD`s assertion that Cagle Construction was in default, whether cagle Construction was actually in default or not.  Yes, each insurance company has a specific GIA. In fact, some insurance companies have multiple GIA forms that can be used to get compensation from you or your business. The most popular GIA is a so-called abbreviated compensation agreement. These are used for bonds with a relatively low risk, both in terms of the size of the bond and the nature of the risk. They are usually less than a page long and include the basic terms that the warranty company wants to insure.
The second form of GIA is what is called a long-term compensation agreement. These arrangements are used for larger amounts of bonds and often with clients who need multiple collateral. The GIA long form usually consists of several pages of information that govern the relationship between the warranty and the customer. “[Cagle] shall indemnify and hold harmless the Guarantor from and against any and all claims, demands, liabilities, costs, costs, costs, suits, judgments and expenses that the Company may pay or incur as a result of the performance or performance of these Obligations,. . . including legal fees,. .
. and cost.. bringing actions to enforce the obligation of one of the indemnified parties under this Agreement. In the event of payment by [the Guarantor], [Cagle] accepts the Voucher or any other proof of such payment as prima facie proof of its reasonableness and [Cagle`s] liability to Surety. A general indemnification agreement is a separate legal contract between the guarantor and the contractor that ensures that the person entitled to compensation (contractor) assumes full responsibility and provides legal protection to the person entitled to compensation (guarantor) in case he or she has to pay a claim to the surety. Your old republic surety representative can answer all your questions about compensation. Compensation agreements are a common practice in the surety industry. Once you understand the need to have them, you will find that they are an integral part of the bonding process. At the same time, you need to know what you are signing and what consequences it can have if you do not fulfill the obligations of a debt contract. The Contractors of Cagle Construction, LLC v. The Travelers Indemnity Co.
This case shows, for example, how important it is to review and understand a GAI before it is signed. In practice, a contractor`s ability to negotiate a IGA with warranty is limited. But a contractor may be able to get the peace of mind of agreeing to certain changes to the AGI, including removing the language that the AGI was signed “under seal.” Cagle did not believe that the guarantor was entitled to a refund for at least three reasons. First, Cagle argued that Cagle Construction had never defaulted on GDoD`s construction contract. Second, Cagle argued that the amount paid by the guarantor to complete the work was unreasonable. Third, Cagle argued that the guarantor had not brought his action within the period of 1 year after the substantial closure required to be entitled to a public construction payment guarantee under Georgian law. It may sound harsh, but when you think about what causes an entrepreneur to fall behind in a job, it`s often because of bankruptcy or bankruptcy. In this case, all remaining assets are subject to claims from multiple creditors, not just the guarantor.
In order to protect its interests, the guarantor needs a personal guarantee that the losses will be reimbursed by the entrepreneur. The court also rejected Cagle`s position that the guarantor had overpaid to complete the work because the GVA provided that “[i], in the event of payment by the guarantor, [Cagle] agrees to accept the voucher or other evidence of such payment as prima facie evidence of the reasonableness of that payment and [Cagle`s] liability to [Gulf].” The court held that the guarantor`s statement of costs was sufficient to establish a right to compensation, unless Cagle could either provide the guarantor`s bad faith or provide direct evidence that the guarantor had not actually incurred the costs, even though the work could have been completed at a lower cost. As a rule, the parties who sign the indemnification agreement are the main company (principal of the obligation), the owner(s) personally and the spouse of the owner. Often, spousal compensation is a point of contention, but it is very important that the guarantee guarantees it, which prevents the transfer of property between the owner and the spouse to protect both parties. A general rule in the industry is that the owner`s ownership of 10% or more of the main company is claimed for compensation. After the completion of the projects, the guarantor of cagle demanded reimbursement of the cost overrun. Cagle refused to pay. The guarantor then sued Cagle for reimbursement under the terms of the GAI. Cagle`s last claim was that the guarantor`s claim for compensation was time-barred by the one-year limitation period for public construction payment bond claims under the Little Miller Act, O.C.G.A. of Georgia § 13-10-65. The court noted that the guarantor`s action was brought under the terms of the GAI that the parties had separately entered into guarantees for the four contracts, which meant that the limitation period for a claim under the Little Miller Act was not applicable.
Thus, the guarantor`s claim for damages under the GAI was a contract claim, not a claim for payment security. Although this is a standard part of the warranty, contractors should carefully consider a clearing agreement. There are a number of enforceable rights that go to the warranty, so it is best to understand the terms of the agreement before signing it. Here are some of the provisions you should be aware of: A key difference between insurance policies and bonds is that guarantors do not expect to incur a loss under the bonds they issue. Before agreeing to bind a contractor, warranties generally require those who have a financial interest in the contractor to sign a general indemnification agreement (“GAI”). GAI shall provide the guarantee with a means of repayment in the event that it incurs costs and losses in respect of the obligations it issues to the contractor. The warranty compensation agreement is always in writing and is often included in the bond application you complete for your company`s warranty. In some cases, the only requirement for a surety company clearing provider is to sign the agreement. For example, if your business is a licensed external debt collector in Texas, your business must receive an authorized bond of $10,000 as a condition of obtaining the license and submit it to the Secretary of State. In this situation, the surety company may only need your signature on the agreement, which compensates it for losses on the bond. However, if your business includes title insurance and is required to post the maximum license bond — $100,000 — required by Texas law, that bond company may require a guarantee from you, such as.
B a letter of credit, money or a pledge of real estate equity to secure the compensation agreement. If the security is held jointly with your spouse, the surety company requires that your spouse also sign as a person entitled to compensation. Cagle Construction could also have asked the guarantor to allow Cagle Construction to continue to perform the contracts once the guarantor has taken over the contracts. Warranties generally have the right to require the owner to allow the principal to continue the performance of the bond contract, which would have allowed Cagle Construction to avoid the unreasonable costs it subsequently claimed the guarantor had incurred. What is a compensation agreement? The indemnification contract is a separate contract that transfers the risk from the guarantor to the customer. If the creditor or any other party to the security suffers loss or damage, he may make a claim against the security […].