Michigan's public works bond statute (MCL 129.201, et seq) requires that contractors furnish a payment and performance bond executed by a surety authorized to do business in Michigan. Many contracts also require that the contractor furnish payment and performance bonds executed by a surety listed on Treasury Circular 570.
In 1993, the Michigan Supreme Court held in Kammer Asphalt Paving v East China Twp[1] that local governments contracting for improvements have a duty to verify the validity of bonds furnished by contractors.
If you receive a contractor's payment and performance bond, how do you know whether it complies with these requirements? How do you check on a bonding company whose name doesn't sound familiar? How you verify the financial strength of a surety?
There are 3 ways to verify this information about a surety --
Michigan
The State of Michigan, Department of Insurance and Financial Services (DIFS) maintains an online database of insurance companies that are registered to conduct business in the State of Michigan. The search interface is somewhat confusing, but if you search using the last field on the form, you should be able to find the surety you are looking for.
There are 3 ways to verify this information about a surety --
Michigan
The State of Michigan, Department of Insurance and Financial Services (DIFS) maintains an online database of insurance companies that are registered to conduct business in the State of Michigan. The search interface is somewhat confusing, but if you search using the last field on the form, you should be able to find the surety you are looking for.
If you don't find the surety, it means they are not registered to conduct business in Michigan. Take this finding as a red flag. Note too that individual sureties are not listed here and not permitted under Section 4 of Michigan's bond statute.
For insurance companies that are registered to conduct business in Michigan, you get the usual information about state of incorporation, and registered agent. Here's a sample report for Hartford Fire Insurance Company, a surety that is active in Michigan.
Treasury Circular 570
Treasury Circular 570 is a list of acceptable sureties on federal bonds maintained by the U.S. Department of Treasury. A surety that isn't on this list is probably very small, or one that should not be accepted or relied upon. It raises a red flag in my mind when I don't find a surety on this list.
Treasury Circular 570
Treasury Circular 570 is a list of acceptable sureties on federal bonds maintained by the U.S. Department of Treasury. A surety that isn't on this list is probably very small, or one that should not be accepted or relied upon. It raises a red flag in my mind when I don't find a surety on this list.
A.M. Best Company
A.M. Best issues financial-strength ratings measuring insurance companies’ ability to pay claims. If the contract requires that a surety bond be furnished by a surety with a particular rating (ie., AA or B+), you can verify this rating online through A.M. Best.
Checklist
By popular request, we're posting a checklist you can use when reviewing the next payment or performance bond submitted on a project.
Notes: [1] See, Kammer Asphalt Paving Co, Inc v East China Township Schools, 443 Mich 176, 190-191; 504 NW2d 635 (1993) (finding that Michigan’s Public Works Bond Act (MCL 129.201, et seq) imposes upon a governmental unit the duty to verify the validity of a payment bond furnished by a general contractor of a public works project).
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