4 Questions (and Answers) About Indemnity Bonds

Question #1: What’s an indemnity bond?

An indemnity bond (also called a surety bond or fidelity bond) is a form of insurance purchased by one party to a contract as a means of compensating a second party to the contract, should the first party fail to deliver on its promises or perform its obligations. The bond is guaranteed by a third party (usually a bank) which agrees to pay the second party if the first party defaults.

Question #2: Under what circumstances would an indemnity bond be used?

There are many scenarios in which an indemnity bond might be required by one or more of the parties to a transaction. For instance, bid bonds are commonly used in situations where projects are offered through a bidding process. Bid bonds ensure that the successful bidder follows through on the promises set out in its bid.

Payment bonds are used extensively in construction projects to guarantee that the general contractor pays all of its subtrades and suppliers, to protect the project owner against exposure to lien claims.

An indemnity bond could be used to avoid double payment by a company redeeming its shares in the event of a lost share certificate, or to indemnify a freight carrier for delivery of a shipment of goods if the bill of lading is lost.

Question #3: Is an indemnity bond the same as a personal guarantee?

No. A guarantee is a promise to pay the indebtedness of a corporation or business if it’s not able to meet its financial obligations, up to the full amount of the debt. An indemnity is a promise to protect the indemnified party against any losses it may suffer in connection with the transaction, without limit.

Question #4: Do I have to get a lawyer to prepare the bond?

No, you can purchase a bond from any financial institution or insurance company. But you should review it with your lawyer so that he/she can explain exactly what the legal implications are.

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Professionally Managed vs. Self Managed Condos – Pros & Cons

As a condo owner, I’ve been asked on several occasions at AGMs to consider the benefits of having a professional property management company take over running our self-managed condominium. Every unit owner in our building knows that this will mean an increase in our monthly condo fees, but will the benefits make the extra costs worthwhile? Let’s look at the pros and cons of each type of condo management.

1. Cost

apartment condos

@2007 Heather Cuthill

There’s no doubt that hiring a property manager will cost more than having the condo board manage the building. The condo fees will need to cover those costs, and no unit owner likes to hear that his or her fees are going up. So self management is an attractive option to the owners in general.

However, if  you calculate the value of the time the Board members put into looking after condominium issues, it becomes apparent that there’s also a large personal cost to those folks that the other owners don’t see.

And the condo association will still have to hire professionals to look after legal and accounting issues, as well as contractors and suppliers for building maintenance and repairs. These are jobs that Board members cannot do themselves unless they have the skills, training and expertise.

2. Service Levels

Individuals who serve on condo boards are typically career people who work during the day and must rely heavily on contractors and resident volunteers to take care of situations that arise while they’re at work. This can be frustrating to an owner who has a plumbing problem and can’t reach the Board members directly.

In emergency situations when time is of the essence, it’s very important for the affected parties to contact plumbers, electricians, or other service people quickly to mitigate the damage as much as possible. This could be difficult in a self-managed scenario if it occurs at a time when all Board members are at work or away (such as over Christmas or a long weekend – we had just such an instance during my last stint on my condo board).

That’s when a professional property manager, with a 24/7 emergency line, is ideal. Owners can rest easy knowing that no matter what happens, they’ll be able to reach someone to deal with the problem – day or night.

3. Disputes, Violations and Sanctions

Managing a condo sometimes means acting as a collection agency, an enforcer, or an arbitration panel. Imagine having to fine one of your neighbors because they’ve violated the Bylaws. They won’t think kindly of you for doing so.

Those are the kinds of situations that condo boards frequently have to deal with. If the sanction is coming from one of your neighbors instead of a third party management company, it’s much more personal and is more likely to result in a strained relationship between the parties, if not an outright rift.

It’s also stressful for the Board members when they have to deal with unpleasant matters like collecting overdue fees and assessments or issuing warnings to fellow owners over infractions. A property management company can handle these situations in an impersonal and detached manner, which allows the Board to maintain a neighborly relationship with the other owners.

4. Community Involvement

A self managed building relies heavily on its volunteers. Getting other owners involved in running the condominium creates a deeper sense of community and instills an even greater pride of ownership among the unit owners. The people in our building routinely volunteer to look after flower beds, help out with sanding of the parkade ramp in winter, run the trash compactor, and sort recyclables.

A condo management firm does not have the same relationship with the owners that the Board members do, and in a self managed condo the Board has the opportunity to solicit help and support from other unit owners in a way that an outside management company could not accomplish.

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Can an Employee Sue Me if He/She is Injured at Work?

In any workplace that employs a large number of employees or in a job that has certain hazardous elements (like construction, welding, mining, etc), it’s a certainty that from time to time someone will be injured on the job.

hard hat and hammer

Image by adamr, courtesy of freedigitalimages.net

As the employer, it’s your responsibility to provide your employees with a safe workplace and with the tools, equipment and training they need to reduce the likelihood of injury. But if an employee is injured at work, he or she cannot sue the employer but instead must make a claim through Workers’ Compensation.

What You Need to Do if a Worker is Injured or Becomes Ill

Get medical aid immediately. When an injury accident occurs or if someone becomes ill because of the work environment, make sure the worker receives immediate first aid and medical attention. Call 911 if it is a medical emergency. Do whatever is necessary to ensure that the employee is treated promptly and receives all the necessary care. If it’s not an emergency, advise the employee to see a doctor right away to have the injury or illness assessed and treated.

Put everything in writing. The next step is to fully document the incident and file a written injury report with Workers’ Compensation. Interview anyone else who was involved or who witnessed the incident and get their statements in writing. As soon as practicable, provide the injured employee with the appropriate Workers’ Comp claim form.

Cooperate with authorities and principals. Provide all paperwork and information requested by Workers’ Compensation, the appropriate insurance carriers, medical service providers, and legal counsel with respect to the employee’s injury.

What to Do After the Fact

Accommodate the employee’s recovery. If the employee’s condition is such that he/she cannot return to work right away, advise him/her as to how much sick leave he/she is eligible for. If there are certain activities that the employee will not be able to perform until fully recovered, discuss with the employee how his/her job duties could be modified and whether there are other tasks that the employee would be able to do until the recovery is complete.

Remedy any contributing factors. If the injury or illness was a result of health and safety violations in your workplace, address those violations immediately so that no one else is hurt as a result.

Provide adequate training. Make sure that all of your employees are properly trained for the jobs they perform. If their job entails handling hazardous materials, for instance, hold mandatory safety meetings and presentations to educate your workers in each type of substance they will be dealing with, correct storage methods, and how to avoid accidental exposure.

Make rules. Draw up a written policy covering the specific types of workplace issues your employees will face, and what the consequences will be if they fail to follow the safety rules you’ve established.

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