A Surety Claim of a Different Color




Accidents happen. Mistakes happen. When you’ve been in the surety business as long as Guardian Group (over 30 years), you know nobody working construction gets it right 100% of the time, not contractors and not obligees, either. But sometimes, no matter how much we may know about life’s imperfections, it’s difficult not to laugh when confronted with the enormity of the errors one encounters in construction and surety. On this particular surety claim, the obligee asserted that the painting contractor had completed the job utilizing the wrong color paint.


Sure enough, the on-site inspection confirmed the obligee’s story. And it wasn’t just a subjective debate over a slight deviation in hues. The obligee had wanted a muted Moss Green (left-side picture) while 99% of the trim throughout the property had been painted a much more vivid Kelly Green, a not-so-subtle distinction. What’s the big deal, it’s just a little trim work, right? Not exactly. Most of the school was now wearing the wrong school color and e-painting the entire school’s trim areas would have cost the surety hundreds of thousands of dollars.


Guardian argued on behalf of the surety and its principal. Was the painting firm operating in a vacuum? Clearly, this was no hidden defect. There was plenty of opportunity for the school district’s inspectors or members of the school’s staff to point out the painting company’s error. As Guardian’s consultant on the claim said behind the scenes, “Did they not know the word ‘stop’?”  Regardless, the obviousness of the error and the zealousness of the advocacy helped get the surety off the hook for what could have been a quarter million dollars in re-painting services.

Think a school painted in the wrong color is a major fail? You should call and ask Mike Saba, VP – Surety, about the swimming pool that was built in yards instead of meters. Talk about a reluctance to embrace the metric system!


From small, daily contract and commercial claims and on up to investigations and project takeovers of some of the world’s most problem-ridden construction, Guardian Group helps sureties resolve their claims rapidly and cost-effectively. Combining construction and engineering excellence with a seasoned knowledge of the claims investigation and handling processes, only Guardian Group brings this much surety expertise to the fore. Guardian’s experts help sureties with everything from daily surety bond claims to complete claim outsourcing, from pre-bonding evaluations and pre-default investigations to post-default investigations, subrogation and recovery, litigation support and expert witness services. Call on the one company who’s been helping sureties succeed for over 30 years. Kindly call on Guardian Group today.


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