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What You Need to Know About Right of Way Bonds in Michigan

Aug 17, 2023

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A Right of Way Bond, fundamentally, is a type of surety bond required by governmental bodies in Michigan from individuals or entities that perform work within the public right of way. It serves as a financial guarantee that the work will be completed in accordance with all relevant laws, regulations, and specific contract conditions. 


The bond is designed to protect the public and the governmental body from any potential damage or disruptions caused by the work performed. If the bonded party fails to fulfill their obligations, a claim can be made against the bond by the injured party. The legal basis for these bonds in Michigan stems from state and local laws, regulations, and ordinances which mandate such financial protection as part of the process to obtain permits for work in public rights of way.


We Have the Best Deals on Michigan Right of Way Bonds


At Oakland Insurance, we understand the intricacies of securing a Right of Way Bond in Michigan. Our seasoned team of bond experts are committed to providing you with the best deals possible, ensuring that you not only meet the state and local requirements, but also secure your bond at a cost-effective rate. We leverage our extensive network of surety bond insurance companies to provide you with a wide range of options, enabling you to choose the one best suited to your needs. With Oakland Insurance, you can always expect a seamless, efficient, and personalized experience. Let us help you navigate the complexities of the bond process - choose Oakland Insurance, your trusted partner in securing your Michigan Right of Way Bonds.


Who Needs to Secure a Right of Way Bond in Michigan?


In Michigan, any individual, business, or organization planning to perform construction or maintenance work within the public right of way is required to secure a Right of Way Bond. This includes both public and private entities like utility companies, telecommunication firms, construction companies, and independent contractors. The bond is a prerequisite for obtaining necessary permits and authorizations for such projects.


The Process of Obtaining a Right of Way Bond in Michigan


Obtaining a Right of Way Bond in Michigan involves a few steps. Firstly, applicants must contact a surety bond company that is authorized to issue these bonds in Michigan. The company will typically request detailed information about the project and the applicant's financial status. Based on these details, they will calculate the bond amount and premium. After the payment of the bond premium, the surety company will issue the bond, which the applicant can then submit to the relevant governmental body to secure the permit for their project.


Step-by-step Guide and Required Documents


  1. Contact an authorized surety bond company in Michigan. 
  2. Provide detailed information about your project and your financial status.
  3. Pay the bond premium set by the surety company.
  4. Receive the bond from the surety company.
  5. Submit the bond to the relevant governmental body.
  6. Secure the right-of-way permit for your project.


The documents typically required in this process include a detailed description of the work to be performed, proof of financial stability (like bank statements or financial references), and any specific legal or regulatory documents relevant to the project.


The Cost and Fee of a Right of Way Bond in Michigan


The cost of a Right of Way Bond in Michigan can vary significantly depending on several factors. Most importantly, the cost is dependent on the total amount of the bond required for the project, which is typically determined by the municipal authority or other relevant governmental body. On average, premium rates for Right of Way Bonds typically range from 1% to 5% of the total bond amount. 


For instance, if the total bond amount is $50,000, the cost of the bond (or the bond premium) could range from $500 (at 1%) to $2500 (at 5%). However, these are just average figures, and the exact rate can differ based on the surety company's risk assessment of the applicant, including factors like their credit score and financial history. 


There might be additional fees involved in the process, such as application fees, underwriting fees, or other administrative costs. These fees can vary from one surety company to another, but they typically represent a small percentage of the total bond amount. To get a precise quote, it is advisable to directly contact a surety bond company authorized to issue these bonds in Michigan.


Types of Michigan Right of Way Bonds


There are typically two main types of Right of Way Bonds in Michigan: Permit Bonds and Performance Bonds.


  1. Permit Bonds: These bonds are required before any work begins on public properties or rights of way. The bond ensures that the contractor will adhere to all the rules and regulations regarding the use of public space during the construction process. If there is any non-compliance or damage to public property, this bond guarantees that the costs will be covered.
  2. Performance Bonds: These bonds are a guarantee that the contractor will complete the project as per the terms and conditions of the contract. If the contractor fails to fulfill his obligations, the bond amount can be used to compensate the project owner for any financial losses incurred due to the contractor's default. 
  3. Construction Bonds: Also known as contract bonds, these are used to ensure that a construction project is completed according to the contract's terms. This includes adhering to the project's timeline and budget, among other specifications. 


Oakland Insurance also helps Michigan contractors with: 


  1. Payment Bonds: These bonds ensure that all subcontractors, laborers, and suppliers involved in a project receive their due payment. It protects these parties from non-payment by the contractor. 
  2. Subdivision Bonds: These are required when a property developer or builder wishes to make improvements or changes to a parcel of land that's already divided into different lots. The bond ensures that these enhancements are made in compliance with local rules and regulations.
  3. Contractor License Bonds: These are mandatory for contractors in many states and are a prerequisite to obtaining a contractor's license. The bond protects the project owner against any financial losses if the contractor fails to comply with the licensing laws and regulations.


These bonds function as a protective layer ensuring the fulfillment of contractual obligations, compensating for potential financial losses, and promoting compliance with laws and regulations.


Instant Issue and Underwritten Right of Way Bonds


Right of Way Bonds, both instant issue and underwritten, are pivotal to the construction industry in Michigan. 


Instant Issue Right of Way Bonds


Instant Issue Right of Way Bonds are a quick, easy solution for contractors needing a bond up to a certain amount, typically $20,000, without an extensive underwriting process. These bonds provide assurance that contractors will comply with all regulations related to the use and access of a particular 'right of way', such as roads or paths. They offer the convenience of an instant issue for quick project startup, making them ideal for smaller projects or contractors looking to streamline their bonding process.


Underwritten Right of Way Bonds


On the other hand, Underwritten Right of Way Bonds are used for larger project commitments exceeding the maximum limit of Instant Issue Bonds. Unlike instant bonds, the underwriting process for these bonds involves a thorough review of the contractor's financial strength, credit history, and work experience. The bond limit varies significantly, with some reaching up to millions of dollars, depending on the contractor's capacity and the project's scope. This in-depth review ensures a higher level of security and guarantees for project owners, especially for large-scale and complex projects.


What's a Publicly Owned Right of Way Bond?


A Publicly Owned Right of Way Bond is another type of surety bond used within the construction industry. It serves to protect public property when a contractor performs work that may interfere with or obstruct public right of way, such as sidewalks, roads, and utilities. The bond ensures that the contractor will restore the right of way to its original condition upon project completion in compliance with municipal regulations.


In Michigan, these bonds are often required across various locations for different construction and public work projects. These locations span several counties and cities, including but not limited to:


  • Detroit: Particularly for projects involving construction within public right of way.
  • Grand Rapids: Required for any construction or excavation work within the city's public right of way.
  • Lansing: Necessary for any work that interferes with city-owned right of way.
  • Ann Arbor: Must be obtained before a permit will be issued for work on city property.
  • Flint: Bonds are required for any contractor operating in public right of way.


It's vital to understand the requirements and stipulations of your specific locality, ensuring that your project operates within the guidelines and maintains the integrity of public spaces.


Get A Custom Quote for Your Michigan Right of Way Bond


Ready to secure your Michigan Right of Way Bond? At Oakland Insurance, we've got you covered. With our personalized services and competitive pricing, you can be assured of a smooth, seamless process. Contact us to receive your custom quote today and take the next step in protecting your project and the community. Don't wait – secure your bond now and stay ahead of the curve.

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