March 2005

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   Remember The Parable Of The Cow In The Ditch

In the March 21, 2005 edition of Fortune Magazine, Anne Mulcahy, CEO of Xerox, stated that the best business advice she has received came from an incredibly simple common sense story. “When everything gets really complicated and you feel overwhelmed, you gotta do three things. First, get the cow out of the ditch. Second, find out how the cow got into the ditch. Third, make sure you do whatever it takes so the cow doesn’t go into the ditch again.”

When Mulcahy talks about the turnaround at Xerox, she starts with the cow in the ditch, “The first thing is survival. The second thing is, figure out what happened. Learn from those lessons and make sure you’ve put a plan in place to recognize the signs, and never get there again.”

After conducting interviews the past few weeks with surety executives for our annual NASBP State of the Industry Report, the consensus is that our industry has “gotten the cow out of the ditch.” While 2004 probably will be another losing year for the industry as a whole, most companies with whom I met experienced improved results in 2004 and expect 2005 to be the first profitable year for the industry over the past five years.

For those of us who experienced the softened underwriting environment of the mid to late 90s, I believe we have a fairly good idea how the “cow got into the ditch.” But, are we doing whatever it takes so that the “cow doesn’t go into the ditch again?”

FMI’s 2005 U.S. Markets Construction Overview states “Eventually, the wisdom of focusing on profitability rather than growth will govern industry behavior. If cycles do repeat, however, then just as soon as profit-mindedness sets in, revenue growth ambitions will ignite the traditional industry practice of pencil sharpening.” While this is applicable to the construction industry, this is also very descriptive of the surety industry.

Our industry is experiencing several fundamental changes including consolidation, automation, return on capital expectations, credit modeling, agent/broker compensation, banking and insurance relationships, and increased expectations from our contractor clients. Are you prepared to succeed in this new environment? At our annual meeting in San Diego in a few short weeks, these and other important topics will be addressed.

It has been an honor to serve as your president this past year, and I am certain that the leadership that follows is committed to professional development, the promotion of our product, and the profitability of our industry. Let’s “keep the cow out of the ditch!”

Craig E. Hansen is Senior Vice President responsible for the bond department of
Holmes Murphy & Associates, Inc., in West Des Moines, IA. He can be reached at chansen@holmesmurphy.com

 

 

 

 

 

 

   A Change In The Way AIA Documents Look 

The American Institute of Architects (AIA) family of contract documents are commonly used throughout the construction industry and referred to as “standard” forms.  We all know, however, that these “standard” forms are seldom used without any changes.  It is common for parties to modify AIA contract documents.  Contractors, lawyers, bond producers, and others are familiar with reviewing AIA forms for these changes.  It was easy to see the changes because the modified forms showed deleted text from the original form with a line through it, and new text was underlined.  The result was often cumbersome to read, but the modifications to the document were crystal clear.  The following is an example of how the AIA represented modifications in contract clauses:

§ 1.3.2 INSTRUMENTS OF SERVICE

§ 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect’s consultants are Instruments of Service for use solely with respect to this Project.   The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights.  See Exhibit A.

Recently, however, the AIA changed its software and now gives the user the option of eliminating the red line version of the contract.  The contract can now be printed with the changes appearing as the unmodified text used to look.  The only way to spot a change is to look for a little vertical line in the left hand margin of the page.  This line indicates that changes have been made to the document but does not tell you anything about what was changed.  An example of the new modified language follows:

§ 1.3.2 INSTRUMENTS OF SERVICE

§ 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect’s consultants are Instruments of Service for use solely with respect to this Project.  See Exhibit A.

The language on the first page of the new AIA forms informs the reader of this change and of the existence of a change summary sheet that should be included as the last page of the contract form.  That said, when this summary sheet is not provided or when the reader only has parts of the contract, the new forms require the reader’s best attention to detail to figure out what has been changed.  And as we all know, small changes in contract language can profoundly effect what that language does.

Sureties and bond producers are used to easily seeing the changes in AIA forms.  With the new software, however, anyone reviewing these forms needs to know what to look for, or they will run the risk of missing important changes in the documents.  You may want to keep a copy of the unmodified AIA forms in your office so you can compare that language with the modified documents you will undoubtedly see in the future.

NASBP’s General Counsel is Susan McGreevy of Husch & Eppenberger LC, Kansas City, MO.

 

   Wm. J. Angell Surety School, February 2005 — A Shared Experience

Students traveled from all over the country to attend NASBP’s February 2005 Surety School, which took place in Houston, TX. The distinguished faculty conducted interactive sessions during the week for Level I and Level II sessions.  John Hannum, Executive Vice President of the ICW Group, presented the luncheon keynote address.

Each level and team of the surety school selected an “Outstanding Student” for recognition during the graduation dinners. This year’s honors went to: Level I/Yellow Team- Tammy Wheeler (Lincoln General Insurance Company.); Level I/Red Team-Barry Page (Surety Solutions Insurance Services); Level II/Blue Team- Bill McGowan (M.B. McGowan & Associates Insurance Agency, Inc.); and Level II/Green Team-Keenan Lehmann (Merchants Bonding Company).

Congratulations to all February graduates and special thanks to the terrific faculty for all their long hours and hard work!

View photos from the School

 

     Free Web Seminar on March 29th On How to Access Online Construction information

Online Preconstruction Information Advantages 

Free web seminar hosted by iSqFt with
insight provided by Craig Hansen

Tuesday, March 29
1:00 – 2:00 p.m. EDT

Timely, accurate information provides more accurate project underwriting. Join iSqFt, the market leader in preconstruction management services, for a free web seminar to learn how access to online construction information can benefit your agency.

Craig Hansen, NASBP president and iSqFt user, will also discuss how Holmes Murphy & Associates, Inc. is using this technology and the specific benefits they are receiving.Some of what you’ll learn includes:

·    How to obtain accurate, proper bid documents online when you need them and without having to depend on (or wait for) the contractor.

·    How to discover if your clients are actually bidding projects, without having to ask them.

·    How to track bid results online, quickly and easily.

This web seminar is free and open to NASBP members.

To register for this valuable and informative presentation,
call (800) 364-2059 Ext. 8203.

 

   Message from Swiss Re:

This is to alert surety bond brokers and their clients of fraudulent Powers of Attorney (POA) activities by an entity falsely claiming to be acting on behalf of Swiss Re. The fraudulent POA used in connection with surety bond and/or financial guarantee obligations purport to appoint International Risk Management LLC and Mr. Robert J. Ellington to act on behalf of Swiss Reinsurance America Corporation and claims Leland E. Clarke certified these POAs. All of the instances to date involve International Underwriters AG, Frankfurt, Germany as the originating underwriting entity. These Powers of Attorney are not valid and Swiss Reinsurance America Corporation hereby disclaims any liability or obligation arising out of or in connection with such Powers of Attorney, and states that Mr. Leland E. Clarke is not and has never been an officer of Swiss Reinsurance America Corporation. In addition, Swiss Reinsurance America Corporation has no business relationship with either International Risk Management LLC, Robert J. Ellington or International Underwriters AG.

Should you come across any such Powers of Attorney, please contact Swiss Re immediately at: 212-317-5663.

Increasing Your Bottom Line

There are many opinions as to what it means to increase an agency’s bottom-line.  Many agencies like to compare their pre-tax profits as a percentage of revenues to that of other agencies.  However, pre-tax profits in a privately owned agency are normally only an indication of how much the agency owner(s) choose to retain.  The real reward of ownership is better illustrated by adding executive and production payroll to pre-tax profit and dividing the sum by revenues to get a percentage.  This is truly a measurement of the short-term rewards provided by the agency to those producing results – the producers and owners.  This calculation is called the Reward Ratio.  The average agency has a Reward Ratio of 37 to 39 percent.

Over the years it has been proven that those agencies with the highest Reward Ratio also have the most value.  This is based on a study MarshBerry conducted that analyzed the performance of agencies valued over the last couple of years.  To offer an additional perspective, consider that every agency (100%) sold by MarshBerry over the years for two-times revenues or higher, boasted a Reward Ratio of 50 percent or more.  There simply is no question that this ratio correlates directly to value.  In fact, if we could use only one ratio in an insurance agency to speculate on its value, it would be the Reward Ratio.

The Reward Ratio is a much better way of measuring how well an agency is doing than comparing an agency’s pre-tax profit.  But, what are those agencies with the highest Reward Ratio doing that others are not?  They are able to manage and control expenses.  To illustrate which expenses are most important, expenses will be divided into two major categories for this discussion:  1.) payroll expenses and 2.) non-compensation expenses.  Non-compensation expenses include the categories of selling, operating and administrative expenses.

Payroll expenses include the payroll categories of owner/producers, service personnel and agency support payroll.  Typically, there is little difference in total payroll as a percentage of revenues between agencies, which is usually 55 to 57 percent of revenues.  However, when looking at the individual payroll categories, the owner/producer payroll percentage is usually higher in agencies with a higher Reward Ratio and service personnel payroll, as a percentage of revenues, is measurably lower.  Therefore, a major reason owner/producers in the better agencies receive more payroll is because of their ability to effectively manage the payroll of the service personnel.

Many of you may conclude that the lower service personnel payroll percentage is due to paying service personnel less.  This is not what we have seen over the years when consulting with agencies.  Matter of fact, it is the exact opposite.  Higher quality, more professional service personnel are paid more, on average, resulting in a higher level of service personnel productivity that results in an overall lower service personnel payroll percentage.  It is the old adage; “You get what you pay for.”

Moving on to the other expense category, non-compensation expenses.  As mentioned earlier, this category includes selling, operating and administrative expenses. As one would expect, agencies with higher Reward Ratios are very good at controlling non-compensation expenses.  The difference is generally attributed to operating expenses, which is no real surprise.  But reviewing the expense items that make-up operating expenses, the difference is usually due to facilities (rent, utilities), equipment rental and maintenance and bad debts.

Therefore, one of the most important expenses for agencies to monitor, manage and control is operating expenses and another is service personnel payroll, which we discussed earlier.  These two expense categories are the most important, yet most difficult expenses to manage and control for an agency.  Because of their importance, they are combined to form a ratio called servicing costs.

To understand your performance and how it compares to other agencies, go the MarshBerry’s web site – www.MarshBerry.com – and click on “Financial” under On-Line Services.  There you will find a Calculating Tool called “Assess Your Agency’s Performance.”  This Calculating Tool provides benchmarks for the areas discussed in this article as well as other ratios that are important to the performance, and thus, the value of your agency.

_____________________________

Marsh, Berry & Company, Inc., founded in 1981, is a management consulting firm for the financial services industry and the preeminent provider of consulting services for independent insurance agency owners and brokers. Services include agency valuations, perpetuation planning, compensation strategies, financial management, strategic planning and mergers and acquisitions.

MarshBerry.com, an on-line agency management resource, can help NASBP members improve sales, boost employee performance and measure their value.

For more information, or to subscribe to MarshBerry.com, please login to NASBP’s “Members and Affiliates Only” site or contact Susan DeCourcey at 202/464-1177 or sdecourcey@nasbp.org.

 

   New Mexico’s on Verge of Requiring Subs to Obtain Bonds

The New Mexico Legislature has passed legislation (S. 814) requiring subcontractors to provide performance and payment bonds for public works contracts in excess of $50,000. The bill now heads to Gov. Bill Richardson for his approval. The April issue of Pipeline will report on the final status of this bill and other bills from other states.

 

   Briefly Noted

< NEWLY HIRED

Please join us in welcoming Tiffanee Saunders to the Headquarters staff. Tiffanee will officially assume her position as Public Policy Analyst on March 31, and will be working with Connie Lynch in Government Relations. Tiffanee began her career as a Legislative Assistant for the late Rep. Norman Sisisky (D-VA) and has had two different positions with the American Insurance Association (AIA). Her most recent position was as Communications Coordinator in AIA’s Government Affairs department in which she managed the content for the State Affairs portion of the AIA website, tracked federal legislation, and managed daily federal and state PAC activities. Her career also includes working as an Editor for the American Council of Life Insurers.

< POSITIONS

INDIANAPOLIS, IN – Large independent agency with national account exposure seeking SURETY SPECIALIST.

· Responsibilities: New business development, and maintaining large book of existing accounts. Work closely with existing construction team producers, bond department personnel, and surety company underwriters.
· Requirements: Excellent knowledge of surety/insurance industry. Minimum 3-5 years surety underwriting experience on a company level, or prior agency/brokerage experience in sales and service of surety accounts, with emphasis on contract surety. Strong analytical, marketing and communication skills essential. Ability to recommend and develop creative solutions to clients’ individual needs. Position requires some travel.
· Contact: Submit resume to Surety2005@aol.com.

LOCKTON COMPANIES is seeking a Surety Account Administrator for its Chicago, IL office.

· Responsibilities: To provide the surety unit technical and service support in the new and renewal process; prepare bid, final and miscellaneous bonds; promptly file bonds and correspondence; and process client billing statements.
· Requirements: High School diploma or equivalent education and/or experience; company or agency experience in commercial insurance & surety services; Detailed-oriented, with organization and time-management skills; and ability to organize and prioritize workload to meet time sensitive deadlines.
· Contact: Visit the website at www.lockton.com Careers, Apply Now to apply online, fax resume to 312-681-6900 Attn: Courtney Dunlap, or email resume to courtney.dunlap@lockton.com.

OLD REPUBLIC SURETY COMPANY has an opportunity for a Surety Bond Field Underwriter in its Phoenix Office.

· Responsibilities:   Market and underwrite both contract and non-contract surety and fidelity bond renewals and submissions primarily in Arizona, New Mexico and parts of Nevada.
· Requirements: Several years of experience underwriting and marketing all types of surety bonds, strong analytical and communication skills, and knowledge of the business climate in the area.  Bachelor’s Degree or equivalent highly preferred.  Travel throughout the territory required 4-5 days per week.
· Contact: Janell Manson, HR Director at 262/797-2643, e-mail manson@orsurety.com or fax resume to 262/797-8874.  Visit www.orsurety.com for more company information.

CNA SURETY CORPORATION, one of the largest U.S. surety companies, currently has contract underwriting opportunities in the following locations:

· Albany, NY – Underwriting Support
· Chicago, IL – Underwriting Consultant (Home Office)
· Columbus, OH – Underwriting Consultant
· Phoenix, AZ – Underwriting Assistant
· Quincy, MA – Underwriting Technician
· San Antonio, TX – Underwriting Technician

Contact: Rick Shapren, Human Resources Coordinator, via e-mail richard.shapren@cnasurety.com, or fax resume to 312-755-3737. Visit www.cnasurety.com for more company information. EOE

   NASBP Welcomes New Members

NASBP welcomes the following new Members who has joined the Association since the last issue of Pipeline.

Surety Solutions Insurance Services
332 East Bidwell Street
Suite A
Folsom, CA  95630
Key Contact: John T. Page
www.surety1.com

Willis Construction Practice
25 B Vreeland Road
Florham Park, NJ  07932
Key Contact: Mark E. Reagan
www.willis.com

 

   SIO Needs Your Help 
The Surety Information Office (SIO) is in the process of updating the popular booklet, Surety Bonds at Work. This compilation of 30 surety claims case studies communicates the value and importance of bonding projects to public and private owners by sharing real-world examples of how sureties stepped in and ensured completion on bonded projects that ran into problems.

Nearly 10,000 copies of this full-color, 16-page booklet have been distributed since its publication. SIO would like to add new case studies to share with the next 10,000 public and private owners and bankers. No case study is too small, and there is no need to include the actual names of the parties or surety involved. The bond premium, project costs, and amount (if any) paid by the surety would be especially useful to educate readers on the value of surety bonds.

What SIO needs:

  • Examples of sureties funding a contractor through completion;
  • Cases where a replacement contractor was employed;
  • Situations in which the surety provided technical assistance;
  • Projects that were completed by the surety;
  • Scenarios where the surety prevented a default through mediation or other action;
  • Examples of when the owner’s cooperation expedited the claims process;
  • Any other examples where the surety’s action saved a project.

For more information, or to submit a case study, please contact SIO at 202-686-7463; sio@sio.org. Your help is greatly appreciated!

Keep an Eye Out for SIO’s Newest CD
Those attending NASBP’s annual meeting in San Diego will have the opportunity to be the first to try out SIO’s newest contract surety promotion tool, “Surety Bonds: A Guide for Private Owners.” The interactive CD-ROM was created with Macromedia Flash software and communicates the value of surety bonds to private projects owners and bankers.

Stay tuned for more information about this cutting-edge promotional tool.

Publish Date
March 1, 2005
Issue
Year
2005
Month
March
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