Saturday 6 August 2016

Understanding Surety Bond In Los Angeles

By Shervin Masters


A surety bond is referred to as surety in some cases. It is a promise from a guarantor, also called a surety, to an obligee to pay them a given amount in cases a second party does not fulfill certain terms. The terms are usually contractual and need to be fulfilled by a principal, the second party. Thus, sureties are simply a way of protecting obligees against losses they may suffer if a principal fails to honor terms of a contract.

In the United States, it is very common for one to post a fee so that an individual accused of a crime is released from jail or prison. This practice is however still not very common in the rest of the world. This is one major example of a surety bond. When in need of experts in matters related to surety bond in Los Angeles, there are many places to find help. Los Angeles is home to many people whose specialty is in this field.

Simply put, a surety bond is a contract that involves three parties, that is, the principal, obligee and the surety. Obligee is the party or individual receiving the obligation while the principal is the party expected to carry out contractual obligations. The purpose of sureties is to assure the obligee that the principal will carry out the obligation they owe to them.

Various parties can receive these bonds from different sources including individuals, banks, and companies. When issued by banks, they go by the name bank guarantees while when issued by companies, they are known as sureties or bonds. They function to show credibility of principals and their ability to fulfill their obligations in a contract so as to attract obligees into contracting with them.

The bank or company offering protection must be paid a premium by the principal before rendering services. In case the principal defaults, it is upon the bank to investigate the claims of breach of contract, often launched by an obligee. The investigation helps to determine if the claims are valid or not.

If it is determined that the contract was breached, the bank or company is under the obligation of paying the obligee the sum agreed. This sum is often agreed upon at the time the contract is formed, but may also change depending on certain factors. One among the factors is the extent to which the principal had already performed the contract.

Once the amount owed to the obligee has been settled, it is upon the principal to reimburse the company/bank. The reimbursement must include all expenses such as legal fees that the bank/company incurred when settling the owed amount. Some cases exist where the loss incurred by a principal is as a result of the actions of another party. In such situations, the company/bank may step in to help in recovering the cost of damages from the party.

In some cases, sureties may turn out to be insolvent upon the principal defaulting. In such a case, the bond is rendered nugatory. For that purpose, sureties on a bond must be insurance companies that have been verified by government regulations, private audits or both for insolvency.




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