Archive for March, 2014

Permit Bond Legislature Protects Shoreline and Hearing

Written by JoAnn Smith on March 31st, 2014. Posted in Bond Types, Hawaii, Latest News, Legislation, License and Permit Bonds, Surety Bond Blog, Washington

     permit bond legislature, permit bonds      
Hawaii shorelines need permit bond legislature protection
Permit bond legislature in Hawaii and Washington State is under consideration for two bills that protect taxpayers in very different ways. One of the bills will go a long ways towards helping people in Washington be assured that the hearing aide specialist they see is qualified to fit them correctly for their hearing aids.
 
Meanwhile, in Hawaii those taxpayers that love and enjoy the shoreline will be happy to know that they may well see an increased requirement for anyone who wants a permit for changes made along the shoreline that includes grading or removal of materials.

Washington Permit Bond Legislature

The Pacific Northwest state is considering legislature with House Bill 2108 that will create some new requirements for trainees interested in becoming a hearing aid specialist. Washington expects to have an increase in the senior population and those seniors prone to having a longer life. The result is that hearing aid specialists are being seen as a growth industry that will probably struggle to find enough qualified specialists to fill the need. Because of the growth of apprenticeships in the industry, Washington State is looking at permit bond legislature that will require apprentices to post a permit bond for a minimum of $10,000 as part of their licensing process to become an apprentice hearing aid specialist. The apprentices will be subject to all of the current laws regarding anyone who specializes in fitting and dispensing hearing aids.

Shoreline Protection in Hawaii with Permit Bond Legislature

Everyone knows that the shoreline of Hawaii is one of their biggest treasures; bringing in thousands of tourists each year. However, along with that natural beauty is the need to protect it when developers come along who want to change it in order to make it more accessible. As part of that change, many will seek permits to “grade and grub”, a process that removes trees and other vegetation and debris in order to create a level grade for seawalls and other structures when building near that shoreline. With the passage of House Bill 1537, a permit will be required to do this kind of work along any Hawaiian shoreline. This legislature will also require a permit bond, the amount to be determined at a later date.

Getting the Right Permit Bonds

As you can see from these two bills, permit bonds are becoming a popular way for state governments to create a certain level of control over the development of both human resources and physical infrastructure. This is why we are seeing an increase in the requirement of permit bonds for many types of business. If your industry is seeing changes in the form of new permit bond legislature, don’t get caught unprepared. Our fast and friendly customer service representatives can help you find the right kind of surety bonds, from permit bonds as part of that permit requirement to bid bonds to help you get the right project on time. BuySurety has been providing a wide array of businesses with the surety bonds they need to compete successfully for over two decades. Find out how quickly we can get you bonded at BuySurety today.

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Performance Bonds for Park Girl

Written by JoAnn Smith on March 27th, 2014. Posted in Latest News, New Mexico, Non-Construction Contract Performance Bonds, Performance Bonds, Surety Bond Blog

     performance bond
Did Park Girl have the right performance bonds?
While it may not be the Wild West any longer, New Mexico still manages to have some court cases that make you wonder if the laws aren’t just a bit different out there. That may well be the case of a former beauty queen whose trailer park has run afoul of the law. JoLeigh Ares operates a mobile home park under the business name of Park Girl. The business has been brought to court by several of its clients, who claim she has deceived them to the tune of $100,000 to $200,000. So far, the district attorney for the Corpus Christi area has filed 17 criminal cases against her. She claims, meanwhile, that her surety performance bonds in connection with the sales covered any and all contracts.

Performance Bonds in Question

The former beauty queen called Park Girl has stated that the county district attorney overstepped his boundaries when he charged her with 17 criminal counts of fraud. She claims it is all a matter of settling these disputes in a civil court case because they are simply disagreements on what her contracts stipulate. According to Ms. Ares, the contracts include an arbitration clause that every complainant could have invoked or they could have cancelled their contract with her. Instead they chose to bring it to court as a question of fraud. Performance bonds that were part of the contract, she claims, could have covered all disputes.

Legal Aid Steps In

When over 40 of her clients went to legal aid over the contracts, things began to get a bit ugly. This is when Park Girl claimed that the performance bonds that were part of the arbitration clause could have been called into the case. But since the state says it is not bound by the arbitration clause, the possibility of invoking the performance bonds became untenable and fraud was charged. Now Park Girl, the company and the ex-beauty queen, have filed for bankruptcy. Where this leaves the 40 original complaints remains to be seen.

Demanding Arbitration With Performance Bonds

Although there is some question of whether these particular performance bonds could be called in to resolve the disputes, it is a good example of why they can be so important in many types of businesses. Performance bonds can be used in contracts to ensure both parties will live up to the expectations outlined in the agreement. When they are not, the disputing party can use the leverage of the performance bond to demand satisfaction. This is why it is so important when using a performance bond in a contractual agreement to use a surety bond company that is reliable. BuySurety has been providing performance bonds as well as many other types of surety bonds, to companies and governments for over two decades. When you need a performance bond to ensure your contractual agreements, be sure to talk to the helpful service agents at BuySurety to get the right bond for your business needs.

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Court Bonds and Bad Faith Patent Suits

Written by JoAnn Smith on March 24th, 2014. Posted in Bond Types, Commercial Bonds, Court Bonds, Latest News, Legislation, Maine, New Hampshire, Surety Bond Blog, Virginia

     court bonds, patent suit
Patent suits get new court bond rules
It appears that when patent suits are brought before a court, the most common accusation is one of “bad faith” between parties. Because of this, three states are currently looking at legislature that will require parties that bring these types of accusations to court to provide a court bond to cover the amounts due if the accusation should prove false or they are unable to provide the needed facts. Each state has a somewhat different approach to the problem of “bad faith” accusations for pending patents between parties, but all three states will require the posting of a court bond in order for the lawsuit to proceed.

Maine and Bad Faith Assertions

Maine Senate Bill 654 will require that any bad faith accusations regarding patent infringement be prohibited. If the Maine court decides that the lawsuit is in violation of the law, they will require the accuser to post a court bond of not more than $250,000. This bond will cover the costs of bringing the suit to court and any amounts that will need to be recovered in connection with the patent lawsuit.

New Hampshire Court Bond

The legislature in New Hampshire is in the process of passing a similar bill, New Hampshire Senate Bill 303, which will also require bad faith lawsuits involving patents to post a court bond. Although the court could in this case waive the requirement for posting a maximum $250,000 court bond if the person can prove they have the assets for the case, in many other respects this bill is similar to the one currently being considered in Maine. It would prohibit “bad faith” cases for patent protection if they deem them frivolous or unlikely to be proven. The bond will ensure the court that the case is serious and most likely provable in a court of law.

Virginia Court Bonds for Patent Cases

A “bad faith” case for patent protection will need to be backed up with a court bond in Virginia as well, if the current legislation for Virginia House Bill 12 is passed. As with the other two legislative bills, Virginia’s bill will require that anyone bringing a patent infringement case before the courts will need to show they have the necessary financial backing to pay damages should their case prove unsuccessful. In this case, as with the other bills, a court bond for no more than $250,000 will need to be posted before the trial can commence.

Court Bonds Play Important Role

Although most of us have good reason to believe we will never have to come up with a court bond, the legal and financial world has become much more complex in the last couple of decades. Often cases that should seem simple will require the posting of a court bond to ensure everyone involved can proceed to the logical conclusion of the case. If you can foresee the need for a court bond in your personal life or business life, you will be happy to know that BuySurety can provide you with a court bond in a timely manner and for less than you would expect to pay. Contact our informative customer service representative today to find out how easy it is to qualify for a court bond tomorrow.

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Performance Surety Bonds Protect Customers in New Hampshire and Maine

Written by JoAnn Smith on March 21st, 2014. Posted in Contract Bonds, Latest News, Maine, New Hampshire, Non-Construction Contract Performance Bonds, Performance Bonds, Surety Bond Blog

     performance surety bonds.
Even cruise ships need performance surety bonds
Performance surety bonds will play a large part in protecting consumers from poorly performing companies in New Hampshire and Maine in the coming year. Although the use of performance bonds is a big part of many construction projects, in these particular cases the bonds are to protect local ferry cruise passengers and customers who pre-buy home heating oil. Legislative changes in Maine and pending legislature in New Hampshire will bring surety bonds into play to ensure that when consumers put their hard-earned cash down for services, they don’t need to worry about the company being unable to reimburse them if they can’t deliver. This type of “play or pay” performance bond should go a long way in both protecting customers and ensuring companies required to carry the performance bonds have the ability to deliver what they promise.

Portland Maine Ferry Cruise to Run Smoothly

In the summer months, tourists and residents alike have in the past had the ability to take a ferry cruise from Portland Maine up into Canada’s Nova Scotia coastal towns. The cruise created crucial tourist income for many towns along its eastern coastal route. It also helped locals to travel between the two destinations with ease by having ferry capabilities and cruise ship like amenities. However in 2004 that service ended and a new ferry cruise ship was commissioned to run out of the Portland Maine harbor. Holding up the ability to sell tickets was the very important permission from the U.S. Federal Maritime Commission regarding the approval of the cruise company’s performance bonds. With the authorization of these surety bonds the company has announced it will begin to make the $79 one-way tickets available to the public. The bonds ensure that the company will have the financial ability to refund tickets if for any reason the ship cannot venture such as in the case of severe weather.

Performance Bonds to Protect Customers from Winter’s Chill

This last winter saw some of the most severe temperatures across the nation in decades. That chill was even worse if you discovered that your pre-paid winter heating fuel was not available because of shortages caused by increased usage. New Hampshire was one of the states to be hit hard by this problem and wants to ensure it will not happen again. A new legislative bill has passed the New Hampshire House and is expected to pass the Senate as well. When passed, it will require that all dealers of household heating fuel will have to register with the state and file a report each year. That report will show that the company holds at least 75% of the amount of fuel that it is contracted for, as well as proof that it has taken out a performance bond to guarantee delivery. It also requires dealers to reimburse customers for undelivered fuel under the contract within 30 days of failure to deliver on the contracted date. The performance bond can be invoked if the dealer fails to comply with this agreement.

Performance Bond Requirements Increasing

While not every type of business will need to have a performance bond or any other type of surety bond in order to operate within the law, many do. As business life gets more complex and greater financial amounts are at stake, surety bonds have an important role to play for commerce. If you think you may need to post a surety bond because of changes in legislature, don’t wait until it becomes the law. BuySurety has been providing a wide array of surety bonds to many industries for a multitude of reasons for over two decades. Let our knowledgeable customer service representatives help you find just how fast and easy getting bonded can be when you use an experienced surety bond provider like BuySurety.

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Public Official Bonds Protect Pennsylvania Taxpayers

Written by JoAnn Smith on March 17th, 2014. Posted in Bond Types, Commercial Bonds, Court Bonds, Indemnity Bonds, Legislation, Pennsylvania, Surety Bond Blog

     public official bonds      
Rural Pennsylvania uses public official bonds for security
In Pennsylvania, the legislature is considering several new bills that if passed would expand services in non-urban areas and ensure proper procedure through the posting of public official bonds as security. Both bills will give the taxpayers of Pennsylvania new services that will improve their lives as well as the security of knowing that public officials that manage these services are bonded. The public official surety bonds will let the public know that the officials will be required to post bonds to ensure their accountability and give that public office a certain amount of public transparency. Whether to ensure the proper running of rural colleges or the legal streamlining of how the many boroughs in Pennsylvania are run, surety bonds will play an important role if these bills are passed.

Rural Areas Get Colleges

With the creation of Pennsylvania Senate Bill 1000, the legislature is hoping to create a pilot program for rural region community colleges. This would identify underserved communities in Pennsylvania that would benefit from the addition of a community college. It would then create a pilot program at one of the identified communities to prove the viability of this program. Since the monies needed to create this pilot program would come from taxpayers, it would also require the Chief Financial Officer hired to oversee finances for the pilot program is bonded with a yet unspecified amount through a proper public official bond to guarantee his or her performance.

Streamlining Boroughs Powers

Pennsylvania has a large number of boroughs that up until now have had a wide array of approaches to taxes, applications, certifications and the kind of power that councils will hold. With the passage of Pennsylvania House Bill 1719 the state is hoping to consolidate and streamline all of these procedures. One of those changes will be requiring all future borough controllers to post a public official bond to ensure faithful performance of their duties. In addition, the bill will outline the use of court bonds by taxpayers when appealing administrative decisions on taxes owed and bid bonds for purchase contracts. With the passage of this bill, these types of bonds and requirements will be consistent across the various boroughs in Pennsylvania.

Posting Public Official Bonds in Pennsylvania

While in some industries the idea of posting a bond is seen as part of doing business, public official bonds can sometimes be unexpected for those required to post them. Anyone who handles money on the public’s behalf can find themselves suddenly expected to post a public official surety bond as part of their job. When that happens, it is important to know that BuySurety is a trusted name in Pennsylvania and in all other 50 states for surety bonds. When looking for a surety bond company that falls within the requirements of a company authorized to do business as a bond company, you can be assured that BuySurety is a tried and true company that has been providing surety bonds to a wide array of businesses and government offices for over a decade.

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