“Form 14 Fidelity Bonds Are Hard to Place Because Broker-Dealer enterprises Combine High Velocity Asset Flows, Insider Access, Cyber-Enabled Deception, and Litigation Prone Coverage Triggers That Concentrate Severity and Constrain Market Capacity. We write them, but there is an art… Continue Reading →
2026 EBSA Cybersecurity Enforcement and ERISA Fidelity Bonds: Compliance, Claims Causation, and Control Frameworks. First installment of our ERISA bond special report. Plan sponsors have always understood that the ERISA fidelity bond is mandatory, but too often it is treated… Continue Reading →
Surety Bonds in Public Construction The importance of surety bonds in public construction work is a cornerstone of modern infrastructure development, serving as an indispensable risk management tool that safeguards public funds and guarantees project delivery. In an era of… Continue Reading →
ERISA Fidelity Bond Impact Analysis—H.R. 2988’s Fiduciary Reforms vs. ERISA Bond Compliance Under ERISA § 412 H.R. 2988, as reported in the House on December 30, 2025, is best analyzed as a fiduciary-governance proposal rather than an ERISA fidelity bond… Continue Reading →
Predictions of rising surety capacity demand in 2026 are often described as a general consequence of higher infrastructure spending. That explanation is largely accurate, but it understates the specific mechanism most likely to shape surety markets in 2026. The sharper,… Continue Reading →
Effective January 26, the Kentucky Department of Financial Institutions (DFI) will begin accepting Electronic Surety Bonds (ESB) through the Nationwide Multistate Licensing System & Registry (NMLS) for firms applying for or renewing a Federal Student Loan Servicer License. This change… Continue Reading →
The rapid expansion of global data center infrastructure has accelerated demand for reliable construction financing, risk transfer mechanisms, and comprehensive performance guarantees. Data centers are capital-intensive facilities that require rigorous engineering standards, continuous operational resiliency, and synchronized performance among multiple… Continue Reading →
The use of pay-if-paid clauses in construction subcontracts has long been a point of tension between prime contractors and subcontractors. These provisions condition a general contractor’s payment obligation on receipt of payment from the project owner. They are used strategically… Continue Reading →
Surety companies participating in the customs bond class have taken a win. United States v. Aegis Security Insurance Company (No. 20-03628) and its follow-up decision in 2025 (No. 22-00327) are landmark cases from the U.S. Court of International Trade. The… Continue Reading →
A court decision by the High Court of Oklahoma has given our industry a win. In Flintco LLC v. Total Installation Management Specialists, Inc., 2025 OK 35 (May 28, 2025), the Oklahoma Supreme Court addressed a controversy that had arisen… Continue Reading →
Statutes of repose serve as critical legal boundaries, delineating the time frame within which claims related to construction activities must be initiated. These statutes are designed to provide finality and predictability, shielding contractors and related parties from indefinite liability. However,… Continue Reading →
The contract surety industry faces a complex economic landscape marked by inflation, interest rate fluctuations, and supply chain disruptions. These factors collectively exert pressure on contractors’ financial stability, increasing the likelihood of defaults and claims, and compelling surety companies to… Continue Reading →
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