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Michael Morpurgo
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Sir
Michael Morpurgo
OBE FRSL FKC DL
Morpurgo at a Paris book fair in March 2009
Born
Michael Andrew Bridge
(1943-10-05) 5 October 1943 (age 74)
St Albans, Hertfordshire, England
Occupation
Author
Nationality
British
Alma mater
King's College London
Notable works
War Horse, Why the Whales Came, Private Peaceful
Spouse
Clare Morpurgo
Children
3
Website
www.michaelmorpurgo.com
Sir Michael Andrew Bridge Morpurgo, OBE, FRSL, FKC, DL (born Michael Andrew Bridge; 5 October 1943)[1] is an English book author, poet, playwright, and librettist who is known best for children's novels such as War Horse (1982). His work is noted for its "magical storytelling",[2] for recurring themes such as the triumph of an outsider or survival, for characters' relationships with nature, and for vivid settings such as the Cornish coast or World War I. Morpurgo became the third Children's Laureate, from 2003 to 2005.[3]
Contents
1 Early life
2 Life and career
2.1 From teaching to writing
2.2 Farms for city children
2.3 Children's Laureate
2.4 Adaptations
2.5 Political views
2.6 Honours and appointments
3 Reception and impact
3.1 Literary awards and prizes
4 Selected works
5 Radio and television broadcasts
6 Biographies
7 Further reading
8 References
9 External links
Early life[edit]
Morpurgo was born in 1943 as Michael Andrew Bridge; his biological father was actor Tony Van Bridge.[4] His mother, Kippe Cammaerts (otherwise Catherine Noel Kippe, daughter of Émile Cammaerts), who had been an actress, met, and later in 1963 married, Jack Morpurgo (subsequently professor of American Literature at the University of Leeds from 1969-82[5]) while Van Bridge was away during World War II.
Morpurgo did not learn who his biological father was until he was 19 years old,[6] while watching the 1962 film version of Great Expectations, with his mother, in which Tony Van Bridge appeared.[citation needed]
Morpurgo attended schools in central London, Devon, Sussex and Kent;[citation needed] his unhappy experiences at boarding school would inform his novel The Butterfly Lion. He attended the independent prep school Mount House in Devon until he was 13. He then went to the King's School, an independent school in Canterbury, prior to studying at King's College London and graduating with a third class degree[7] before entering the Royal Military Academy Sandhurst.[6] He then joined the teaching profession[6] with a job in a primary school in Kent. He also, from 1968, briefly taught at St. Faith's School in Cambridge.[8]
Life and career[edit]
From teaching to writing[edit]
Morpurgo's writing career was inspired by Ted Hughes' Poetry in the Making, Paul Gallico's The Snow Goose and Ernest Hemingway's The Old Man and the Sea.[2]
Hughes and another poet, Seán Rafferty, were influential in his career, with Hughes becoming a friend, mentor and neighbour. It was not until he was teaching in Kent that Morpurgo discovered his vocation in life, of which he later said "I could see there was magic in it for them, and realized there was magic in it for me."[citation needed]
Farms for city children[edit]
Main article: Farms for City Children
Morpurgo married Clare, eldest daughter of Sir Allen Lane, the founder of Penguin Books.[9] In 1976 Michael and Clare established the charity Farms for City Children,[10] with the primary aim of providing children from inner city areas with experience of the countryside.[11] The programme involves the children spending a week at a countryside farm, during which they take part in purposeful farmyard work.[12]
About 85,000 children have taken part in the scheme since it was set up, and the charity now has three farms in Devon, Gloucestershire and Wales.
Children's Laureate[edit]
Morpurgo and Hughes, then Poet Laureate, originated the idea of Children's Laureate role.[13] Morpurgo became the third person to fill the two-year position, from 2003 to 2005.[3][14]
Adaptations[edit]
Gentle Giant was presented as an opera by composer Stephen McNeff and librettist Mike Kenny at the Royal Opera House in 2006. Film versions have been made of Friend or Foe (1981), Private Peaceful (2012) and Why the Whales Came (1989), the latter also being adapted to a stage play. My Friend Walter (1988) 'Purple Penguins' (2000) and Out of the Ashes (2001) have been adapted for television.
War Horse has been adapted as a radio broadcast and as a stage play, premiering at the National Theatre, London, on 17 October 2007, with the horses played by life-sized horse puppets horses designed and built by the Handspring Puppet Company. The show transferred to the West End on 28 March 2009,[15] and on 15 March 2011, the show premiered on Broadway at the Vivian Beaumont Theater.[16] War Horse was also adapted as a 2011 British film directed by Steven Spielberg.
Composer Stephen Barlow created a musical adaptation of Rainbow Bear, narrated by his wife Joanna Lumley. This was subsequently presented as a ballet by the National Youth Ballet of Great Britain in August 2010.[citation needed]
Political views[edit]
In a January 2014 article, Morpurgo stated "as we begin to mark the centenary of the first world war, we should honour those who died, most certainly, and gratefully too, but we should never glorify... Come each November over the next four years, let the red poppy and the white poppy be worn together to honour those who died, to keep our faith with them, to make of this world a place where freedom and peace can reign together."[17]
In August 2014, Morpurgo was one of 200 public figures who were signatories to a letter to The Guardian opposing Scottish independence in the run-up to September's referendum on that issue.[18]
Prior to the 2015 general election, he was one of several celebrities who endorsed the parliamentary candidacy of the Green Party's Caroline Lucas.[19]
In 2016, he condemned government plans to extend grammar schools as divisive and “quite deeply stupid”.[20]
In the run up to the United Kingdom European Union membership referendum, 2016, Morpurgo expressed his support for the European Union in an interview with the BBC.[21], and reinforced this with a ten minute BBC Radio 4 'Point of View' on Sunday August 5th 2018.
Honours and appointments[edit]
Morpurgo was appointed a Member of the Order of the British Empire (MBE) in the 1999 Birthday Honours for services to young people, was advanced to Officer of the Order of the British Empire (OBE) in the 2006 Birthday Honours for services to literature and was made a Knight Bachelor in the 2018 New Year Honours for services to literature and charity.[22][23][24]
Morpurgo was awarded an honorary doctorate at Bishop Grosseteste University on 17 July 2013.[25]
Morpurgo was appointed a Deputy Lieutenant for Devon on 10 April 2015.[26]
Reception and impact[edit]
This section needs expansion. You can help by adding to it. (February 2013)
Reading Matters website calls Morpurgo's 1999 Kensuke's Kingdom "A quietly told story, but plenty of drama and emotion."[27] The Guardian describes Private Peaceful, his 2003 novel for older children, as a "humanising and humane work". [28]
Literary awards and prizes[edit]
Shortlisted
1991 Carnegie Medal: Waiting for Anya
1995 Carnegie Medal: Arthur, High King of Britain
1996 Carnegie Medal: The Wreck of the Zanzibar
2002 W. H. Smith Award for Children's Literature: Out of the Ashes
2003 Blue Peter Book Award: The Book I Couldn't Put Down: Cool!
2003 Carnegie Medal: Private Peaceful
2004 Whitbread Children's Book Award: Private Peaceful
2012 Bippo award for books
2010 Deutscher Jugendliteraturpreis (German youth literature prize): Warten auf Anya (Waiting for Anya)
2014 Costa Children's Book Award: Listen to the Moon
Awarded
1993 Prix Sorcières (France): King of the Cloud Forests
1995 Whitbread Children's Book Award: The Wreck of the Zanzibar
1996 Nestlé Smarties Book Prize (Gold Award): The Butterfly Lion
1999 Prix Sorcières (France): Wombat Goes Walkabout
2000 Red House Children's Book Award: Kensuke's Kingdom[29]
2001 Prix Sorcières (France): Kensuke's Kingdom
2002 Nestlé Smarties Book Prize (Bronze Award): The Last Wolf
2004 Red House Children's Book Award: Private Peaceful[29]
2005 Blue Peter Book of the Year Award: Private Peaceful
2005 Hampshire Book Award: Private Peaceful
2008 California Young Reader Medal: Private Peaceful[30]
2011 Red House Children's Book Award: Shadow[29]
2017 Red House Children's Book Award: An Eagle in the Snow[29]
Selected works[edit]
In 2009 Morpurgo donated the short story "Look At Me, I Need a Smile" to Oxfam's Ox-Tales project, four collections of UK stories written by 38 authors. Morpurgo's story was published in the "Water" collection.[31]
In a statistical overview derived from writings by and about Morpurgo, OCLC/WorldCat encompasses roughly 300+ works in 1,000+ publications in 25 languages and 55,000+ library holdings.[32]
It Never Rained: Five Stories (1974)
Living Poets (compiler with Clifford Simmons) (1974)
Long Way from Home (1975)
Thatcher Jones (1975)
The Story-Teller (compiler with Graham Barrett) (1976)
Friend or Foe (1977)
Do All You Dare (1978)
What Shall We Do with It? (1978)
All Around the Year (with Ted Hughes) (1979)
Love at First Sight (1979)
That's How (1979)
The Day I Took the Bull By the Horn (1979)
The Ghost-Fish (1979)
The Marble Crusher and Other Stories (1980)
The Nine Lives of Montezuma (1980)
Miss Wirtle's Revenge (1981)
The White Horse of Zennor: And Other Stories from below the Eagle's Nest (1982)
War Horse (1982)
Little Foxes (1984)
Why the Whales Came (1985)
Words of Songs (libretto, music by Phyllis Tate) (1985)
Tom's Sausage Lion (1986)
Conker (1987)
Jo-Jo, the Melon Donkey (1987)
King of the Cloud Forests (1988)
Mossop's Last Chance (with Shoo Rayner) (1988)
My Friend Walter (1988)
Albertine, Goose Queen (with Shoo Rayner) (1989)
Twist of Gold (1989)
Mr. Nobody's Eyes (1989)
Jigger's Day Off (with Shoo Rayner) (1990)
Waiting for Anya (1990)
And Pigs Might Fly! (with Shoo Rayner) (1991)
Colly's Barn (1991)
The Sandman and the Turtles (1991)
Martians at Mudpuddle Farm (with Shoo Rayner) (1992)
The King in the Forest (1993)
The War of Jenkins' Ear (1993)
Arthur, High King of Britain (1994)
Snakes and Ladders (1994)
The Dancing Bear (1994)
Blodin the Beast (1995)
Mum's the Word (with Shoo Rayner) (1995)
Stories from Mudpuddle Farm (with Shoo Rayner) (1995)
The Wreck of the Zanzibar (1995)
Robin of Sherwood (1996)
Sam's Duck (1996)
The Butterfly Lion (1996)
The Ghost of Grania O'Malley (1996)
Farm Boy (1997)
Cockadoodle-doo, Mr Sultana! (1998)
Escape from Shangri-La (1998)
Joan of Arc (1998)
Red Eyes at Night (1998)
Wartman (1998)
Kensuke's Kingdom (1999)
The Rainbow Bear (1999)
Wombat Goes Walkabout (1999)
Billy the Kid (2000)
Black Queen (2000)
Dear Olly (2000)
From Hereabout Hill (2000)
The Silver Swan (2000)
Who's a Big Bully Then? (2000)
More Muck and Magic (2001)
Out of the Ashes (2001)
Toro! Toro! (2001)
Cool! (2002)
Mr. Skip (2002)
The Last Wolf (2002)
The Sleeping Sword (2002)
Gentle Giant (2003)
Private Peaceful (2003)
Dolphin Boy (2004)
Sir Gawain and the Green Knight (2004)[33]
The Orchard Book of Aesop's Fables (2004), illustrated by Emma Chichester Clark[34]
I Believe in Unicorns (2005)
The Amazing Story of Adolphus Tips (2005)
War: Stories of Conflict (compiler) (2005)[35]
Albatross (2006)
It's a Dog's Life (2006)
Alone on a Wide, Wide Sea (2006)
Beowulf (2006), illustrated by Michael Foreman
Born to Run (2007)
The Mozart Question (2007)
Hansel and Gretel (2008)
This Morning I Met a Whale (2008)
Kaspar: Prince of Cats (2008)
The Voices of Children (2008) (play)
The Birthday Book (editor, with Quentin Blake) (2008)
Running Wild (2009)[36]
The Kites Are Flying! (2009)[37]
An Elephant in the Garden (2010)
Not Bad for a Bad Lad (2010)[38]
Shadow (2010)[39]
Little Manfred (2011)[40]
The Pied Piper of Hamelin (2011)[41]
Sparrow: The True Story of Joan of Arc (2012)[42]
Outlaw: The Story of Robin Hood (2012)[43]
Homecoming (2012)[44]
Where My Wellies Take Me (with Clare Morpurgo) (2012)[45]
A Medal For Leroy (2012)[46]
Beauty And The Beast (2013)[46]
Pinocchio By Pinocchio (2013)[46]
The Goose is Getting Fat (2013)[47]
All I Said Was (2014)[48]
Half a Man (2014)[49]
Listen to the Moon (2014)[50]
Mini Kid (2014)[51]
Such Stuff: A Story-Maker's Inspiration (2016)[52]
The Fox and the Ghost King (The Timeless Tale Of An Impossible Dream) (2016)[53]
An Eagle in the Snow (2016)[54]
Flamingo Boy (2018)[55]
In The Mouth of the Wolf (2018)[56]
Radio and television broadcasts[edit]
The Invention of Childhood (2006) (with Hugh Cunningham), BBC Radio 4[57]
Set Our Children Free: the 2011 Richard Dimbleby Lecture. BBC One, 15 February 2011.[58]
"Alone on a Wide Wide Sea": BBC Radio 2 , 7–10 August 2017
Biographies[edit]
Carey, Joanna (1999). Interview with Michael Morpurgo. ISBN 978-0-7497-3866-2
Fergusson, Maggie (2012). Michael Morpurgo: War Child to War Horse. ISBN 9780007387267
Fox, Geoff (2004). Dear Mr Morpingo: Inside the World of Michael Morpurgo. ISBN 978-1-84046-607-2
McCarthy, Shaun (2005). Michael Morpurgo. ISBN 978-0-431-17995-7
Further reading[edit]
Morpurgo, Michael et al. La Revue Des Livres Pour Enfants Number 250, December 2009: "Michael Morpurgo" pp 79–124. (in French)
Franks, Alan (22 September 2007). "Courses for horses". The Times. Retrieved 23 September 2007.
References[edit]
Jump up ^ Internet Movie Database
^ Jump up to: a b "Michael Morpurgo," The Guardian (US). 22 July 2008, retrieved 17 April 2011.
^ Jump up to: a b "Michael Morpurgo". Children's Laureate (childrenslaureate.org.uk). Booktrust. Retrieved 28 September 2013.
Jump up ^ "The author Michael Morpurgo; Jean Webb". Michaelmorpurgo.org. 23 May 2006. Retrieved 6 November 2012.
Jump up ^ The Daily Telegraph, Obituary, Published 16 October 2000
^ Jump up to: a b c "How a horse changed my life". Www.saga.co.uk. Retrieved 18 May 2013.
Jump up ^ "Richard Dimbleby Lecture", BBC One. 15 February 2011, retrieved 17 April 2011.
Jump up ^ St Faith's Headmaster letter of recommendation
Jump up ^ "Penguin, Puffin and the Paperback Revolution". BBC Four. 2 September 2010; retrieved 17 April 2011
Jump up ^ Charity Commission. Farms for City Children, registered charity no. 325120.
Jump up ^ AdventureBox Books Interview on Farms for Children on YouTube
Jump up ^ Farms for City Children webpage, farms4citychildren.co.uk; accessed 14 October 2015.
Jump up ^ UK Children's Laureate, about the award
Jump up ^ Lyall, Sarah. "Undaunted Author of ‘War Horse’ Reflects on Unlikely Hit". The New York Times. 11 April 2011; retrieved 17 April 2011.
Jump up ^ "'War Horse' Opens In The West End 3/28/09" broadwayworld.com, 8 December 2008
Jump up ^ Hetrick, Adam (20 December 2010). "Seth Numrich to Lead 'War Horse' on Broadway; 35-Member Cast Announced". Playbill. Archived from the original on 23 February 2011. Retrieved 27 February 2011.
Jump up ^ First world war centenary is a year to honour the dead but not to glorify The Guardian, 1 January 2014. Retrieved 17 January 2015.
Jump up ^ "Celebrities' open letter to Scotland – full text and list of signatories | Politics". theguardian.com. 2014-08-07. Retrieved 2014-08-26.
Jump up ^ Elgot, Jessica (24 April 2015). "Celebrities sign statement of support for Caroline Lucas – but not the Greens". The Guardian. London. Retrieved 22 July 2015.
Jump up ^ "Grammar school plans are divisive and stupid, says Michael Morpurgo". Retrieved 16 September 2016.
Jump up ^ "Michael Morpurgo: 'History tells me what I need to know about Europe'". BBC News. Retrieved 2017-08-28.
Jump up ^ "No. 55513". The London Gazette (Supplement). 12 June 1999. p. 20.
Jump up ^ "No. 58014". The London Gazette (Supplement). 17 June 2016. p. 12.
Jump up ^ "No. 62150". The London Gazette (Supplement). 30 December 2017. p. N2.
Jump up ^ Template:Http://www.bishopg.ac.uk/war-horse-author-to-receive-bgu-honour/
Jump up ^ "No. 61201". The London Gazette. 16 April 2015. p. 7110.
Jump up ^ "Kensuke's Kingdom by Michael Morpurgo: book review". Retrieved 28 February 2013.
Jump up ^ Samuels, Diane (Oct 18, 2003). "The lost generation". The Guardian. Retrieved 23 April 2017.
^ Jump up to: a b c d "Michael Morpurgo wins Children's Book Award for fourth time". BBC News. 11 June 2017. Retrieved 11 June 2017.
Jump up ^ California Young Reader Medal: 2008 Young Adult winner
Jump up ^ "Ox- Tales" Archived 18 July 2011 at the Wayback Machine., oxfam.org.uk; retrieved 17 April 2011.
Jump up ^ WorldCat Identities Archived 30 December 2010 at the Wayback Machine.: [1]
Jump up ^ London: Walker Books. ISBN 978-0-7445-8646-6
Jump up ^ London: Orchard Books. ISBN 978-1-84362-271-0
Jump up ^ War: Stories of Conflict (2005). HarperCollins. ISBN 978-1-4050-4744-9
Jump up ^ Newberry, Linda. "Running Wild by Michael Morpurgo," The Guardian (UK). 7 November 2009, 17 April 2011.
Jump up ^ "The Kites Are Flying!" Archived 7 August 2009 at the Wayback Machine. Walker Books, retrieved 17 April 2011.
Jump up ^ Michael Morpurgo (May 2010). Not Bad for a Bad Lad. Templar Publishing. ISBN 978-1-84877-308-0. Retrieved 6 April 2011.
Jump up ^ Michael Morpurgo (1 October 2010). Shadow. HarperCollins Publishers Limited. ISBN 978-0-00-733960-0. Retrieved 6 April 2011.
Jump up ^ HarperCollins. ISBN 978-0-00-733966-2
Jump up ^ Walker Books. ISBN 978-1-4063-1511-0
Jump up ^ London: HarperCollins. ISBN 978-0-00-746595-8
Jump up ^ London: HarperCollins. ISBN 978-0-00-746592-7
Jump up ^ London: Walker Books. ISBN 978-1-4063-3202-5
Jump up ^ London: Templar Publishing. ISBN 9781848775442
^ Jump up to: a b c London: HarperCollins. ISBN 978-0-00-748751-6
Jump up ^ London: Egmont. ISBN 978-1-4052-6896-7
Jump up ^ Edinburgh: Barrington Stoke. ISBN 978-1-78112-348-5
Jump up ^ London: Walker Books. ISBN 978-1-4063-5133-0
Jump up ^ London: HarperCollins. ISBN 978-0-00-733963-1
Jump up ^ Edinburgh: Barrington Stoke. ISBN 978-1-78112-352-2
Jump up ^ London: Walker Books. ISBN 978-1-4063-6457-6
Jump up ^ London: HarperCollins. ISBN 978-0-00-796026-2
Jump up ^ "An Eagle in the Snow by Michael Morpurgo - Paperback | HarperCollins". HarperCollins UK. Retrieved 11 June 2017.
Jump up ^ London: HarperCollins. ISBN 978-0-00-813463-1
Jump up ^ London: Egmont. ISBN 978-1-4052-8526-1
Jump up ^ BBC/OU Open2.net – The Invention of Childhood – Meet the presenter. Open2.net (21 August 2006). Retrieved 6 April 2011.
Jump up ^ "Former Children's Laureate Michael Morpurgo OBE calls for recognition of children's rights in BBC One's Richard Dimbleby Lecture". Press Office. BBC. Retrieved 15 February 2011.
External links[edit]
Children's literature portal
Poetry portal
Official website
Official website (old version)
Michael Morpurgo at publisher Egmont Books
Michael Morpurgo at British Council: Literature
The Observer: "Once upon a life: Michael Morpurgo"
Michael Morpurgo on IMDb
Michael Morpurgo at the Internet Speculative Fiction Database
Cultural offices
Preceded by
Anne Fine Children's Laureate of the United Kingdom
2003–2005 Succeeded by
Jacqueline Wilson
Authority control
WorldCat Identities
BNE: XX1041074
BNF: cb120523343 (data)
GND: 123208661
ISNI: 0000 0001 2125 1907
LCCN: n83017937
MusicBrainz: 7b68642a-fc5d-4999-8250-ac35030b2474
NDL: 00471905
NKC: xx0013788
NLA: 35363107
SELIBR: 348815
SUDOC: 028751809
VIAF: 27084898
((Born in 1943))
Retrieved from "https://en.wikipedia.org/w/index.php?title=Michael_Morpurgo&oldid=856722118"
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Surety bond
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A surety bond or surety is a promise by a surety or guarantor to pay one party (the obligee) a certain amount if a second party (the principal) fails to meet some obligation, such as fulfilling the terms of a contract. The surety bond protects the obligee against losses resulting from the principal's failure to meet the obligation.
Contents
[hide]
1 Overview
1.1 United States Industry
2 History
3 Contract surety bonds
4 Commercial surety bonds
4.1 License and permit bonds
4.2 Court bonds
4.3 Public official bonds
4.4 Miscellaneous bonds
5 Business service bonds
6 Penal bonds
7 Electronic surety bonds
7.1 Timeline
8 See also
9 References
10 External links
Overview[edit]
A surety bond is defined as a contract among at least three parties:[1]
the obligee: the party who is the recipient of an obligation
the principal: the primary party who will perform the contractual obligation
the surety: who assures the obligee that the principal can perform the task
European surety bonds can be issued by banks and surety companies. If issued by banks they are called "Bank Guaranties" in English and Cautions in French, if issued by a surety company they are called surety / bonds. They pay out cash to the limit of guaranty in the event of the default of the Principal to uphold his obligations to the Obligee, without reference by the Obligee to the Principal and against the Obligee's sole verified statement of claim to the bank.[citation needed]
Through a surety bond, the surety agrees to uphold—for the benefit of the obligee—the contractual promises (obligations) made by the principal if the principal fails to uphold its promises to the obligee. The contract is formed so as to induce the obligee to contract with the principal, i.e., to demonstrate the credibility of the principal and guarantee performance and completion per the terms of the agreement.[citation needed]
The principal will pay a premium (usually annually) in exchange for the bonding company's financial strength to extend surety credit. In the event of a claim, the surety will investigate it. If it turns out to be a valid claim, the surety will pay and then turn to the principal for reimbursement of the amount paid on the claim and any legal fees incurred. In some cases, the principal has a cause of action against another party for the principal's loss, and the surety will have a right of subrogation "step into the shoes of" the principal and recover damages to make up for the payment to the principal.[2]
If the principal defaults and the surety turns out to be insolvent, the purpose of the bond is rendered nugatory. Thus, the surety on a bond is usually an insurance company whose solvency is verified by private audit, governmental regulation, or both.[citation needed]
A key term in nearly every surety bond is the penal sum. This is a specified amount of money which is the maximum amount that the surety will be required to pay in the event of the principal's default. This allows the surety to assess the risk involved in giving the bond; the premium charged is determined accordingly.[citation needed]
Surety bonds also occur in other situations, for example, to secure the proper performance of fiduciary duties by persons in positions of private or public trust.[citation needed]
United States Industry[edit]
As of 2009[update] annual US surety bond premiums amounted to approximately $3.5 billion.[3] State insurance commissioners are responsible for regulating corporate surety activities within their jurisdictions.[citation needed] The commissioners also license and regulate brokers or agents who sell the bonds.[citation needed] These are known as producers; in the United States the National Association of Surety Bond Producers (NASBP) is a trade association which represents this group.[citation needed]
In 2008, the New York Times wrote "posting bail for people accused of crimes in exchange for a fee, is all but unknown in the rest of the world".[4]
History[edit]
Individual surety bonds represent the original form of suretyship. The earliest known record of a contract of suretyship is a Mesopotamian tablet written around 2750 BC. Evidence of individual surety bonds exists in the Code of Hammurabi and in Babylon, Persia, Assyria, Rome, Carthage, among the ancient Hebrews and (later) in England.[citation needed]
The Code of Hammurabi, written around 1790 BC, provides the earliest surviving known mention of suretyship in a written legal code.[citation needed]
Suretyship was not always accomplished through the execution of a bond. Frankpledge, for example, was a system of joint suretyship prevalent in Medieval England which did not rely upon the execution of bonds.[5]
The first Corporate Surety, the Guarantee Society of London, dates from 1840.[6][7]
In 1865, the Fidelity Insurance Company became the first US Corporate Surety company, but the venture soon failed.[citation needed]
In 1894 congress passed the Heard Act which required surety bonds on all federally funded projects.[citation needed] In 1908 The Surety Association of America, now The Surety & Fidelity Association of America (SFAA) was formed to regulate the industry, promote public understanding of and confidence in the surety industry, and to provide a forum for the discussion of problems of common interest to its members.[8] SFAA is a licensed rating or advisory organization in all states and is designated by state insurance departments as a statistical agent for the reporting of fidelity and surety experience. The SFAA is a trade association consisting of companies that collectively write the majority of surety and fidelity bonds in the United States. Then in 1935 the Miller Act was passed replacing the Heard Act. The Miller Act is the current federal law mandating the use of surety bonds on federally funded projects.[citation needed]
Contract surety bonds[edit]
Contract bonds, used heavily in the construction industry by general contractors as a part of construction law, are a guaranty from a Surety to a project's owner (Obligee) that a general contractor (Principal) will adhere to the provisions of a contract.[9] The Associated General Contractors of America, a United States trade association, provides some information for their members on these bonds. Contract bonds are not the same thing as contractor's license bonds, which may be required as part of a license.[citation needed]
Included in this category are bid bonds (guaranty that a contractor will enter into a contract if awarded the bid); performance bonds (guaranty that a contractor will perform the work as specified by the contract); payment bonds (guaranty that a contractor will pay for services, particularly subcontractors and materials and particularly for federal projects where a mechanic's lien is not available[10]); and maintenance bonds (guaranty that a contractor will provide facility repair and upkeep for a specified period of time[11]). There are also miscellaneous contract bonds that do not fall within the categories above, the most common of which are subdivision and supply bonds.[12] Bonds are typically required for federal government projects by the Miller Act and state projects under "little Miller Acts".[13] In federal government, the contract language is determined by the government. In private contracts the parties may freely contract the language and requirements. Standard form contracts provided by American Institute of Architects (AIA) and the Associated General Contractors of America (AGC) make bonding optional.[13] If the parties agree to require bonding, additional forms such as the performance bond contract AIA Document 311 provide common terms.[13]
Losses arise when contractors do not complete their contracts, which often arises when the contractor goes out of business. Contractors often go out of business; for example, a study by BizMiner found that of 853,372 contracts in the United States in 2002, 28.5% had exited business by 2004.[14] The average failure rate of contractors in the United States from 1989 to 2002 was 14 percent versus 12 for other industries.[15]
Prices are as a percent of the penal sum (the maximum that the surety is liable for) ranging from around one percent to five percent, with the most credit-worthy contracts paying the least.[16] The bond typically includes an indemnity agreement whereby the principal contractor or others agree to indemnify the surety if there is a loss.[16] In the United States, the Small Business Administration may guaranty surety bonds; in 2013 the eligible contract tripled to $6.5 million.[17]
Commercial surety bonds[edit]
Commercial bonds represent the broad range of bond types that do not fit the classification of contract. They are generally divided into four sub-types: license and permit, court, public official, and miscellaneous.
License and permit bonds[edit]
License and permit bonds are required by certain federal, state, or municipal governments as prerequisites to receiving a license or permit to engage in certain business activities. These bonds function as a guaranty from a Surety to a government and its constituents (Obligee) that a company (Principal) will comply with an underlying statute, state law, municipal ordinance, or regulation.[citation needed]
Specific examples include:
Contractor’s license bonds, which assure that a contractor (such as a plumber, electrician, or general contractor) complies with laws relating to his field. In the United States, bonding requirements may be at federal, state, or local level.[18]
Customs bonds, including importer entry bonds, which assure compliance with all relevant laws, as well as payment of import duties and taxes.[citation needed]
Tax bonds, which assure that a business owner will comply with laws relating to the remittance of sales or other taxes.[citation needed]
Reclamation and environmental protection bonds
Broker’s bonds, including Insurance, Mortgage, and Title Agency bonds
ERISA (Employee Retirement Income Security Act) bonds
Motor vehicle dealer bonds
Freight broker bond
Money transmitter bonds
Health spa bonds, which assure that a health spa will comply with local laws relating to their field, as well as refund dues for any prepaid services in the event the spa closes.
Court bonds[edit]
Court bonds are those bonds prescribed by statute and relate to the courts. They are further broken down into judicial bonds and fiduciary bonds. Judicial bonds arise out of litigation and are posted by parties seeking court remedies or defending against legal actions seeking court remedies. Fiduciary, or probate, bonds are filed in probate courts and courts that exercise equitable jurisdiction; they guaranty that persons whom such courts have entrusted with the care of others’ property will perform their specified duties faithfully.[citation needed]
Examples of judicial bonds include appeal bonds,[19] supersedeas bonds, attachment bonds, replevin bonds, injunction bonds, Mechanic's lien bonds, and bail bonds. Examples of fiduciary bonds include administrator, guardian, and trustee bonds.
Public official bonds[edit]
Public official bonds guarantee the honesty and faithful performance of those people who are elected or appointed to positions of public trust. Examples of officials sometimes requiring bonds include: notaries public, treasurers, commissioners, judges, town clerks, law enforcement officers, and Credit Union volunteers.[citation needed]
Miscellaneous bonds[edit]
Miscellaneous bonds[20] are those that do not fit well under the other commercial surety bond classifications. They often support private relationships and unique business needs. Examples of significant miscellaneous bonds include: lost securities bonds, hazardous waste removal bonds, credit enhancement financial guaranty bonds, self–insured workers compensation guaranty bonds, and wage and welfare/fringe benefit (Union) bonds.[citation needed]
Business service bonds[edit]
Business service bonds are surety bonds which seek to safeguard a bonded entity's clients from theft. These bonds are common for home health care, janitorial service, and other companies who routinely enter their homes or businesses. While these bonds are often confused with fidelity bonds, they are much different. A business service bond allows the bonded entity's client to claim on the surety bond when the client's property has been stolen by the bonded entity. However, the claim is only valid if the bonded entity's employee is convicted of the crime in a court of law. Additionally, if the surety company pays a claim on the bond, they would seek to be reimbursed by the bonded entity for all costs and expenses incurred as a result of the claim. This differs from a traditional fidelity bond where the insured (bonded entity) would be responsible for paying the deductible only in the case of covered claim up to the policy limit.[citation needed]
Penal bonds[edit]
The penal bond is another type of the bond that was historically used to assure the performance of a contract. They are to be distinguished from surety bonds in that they did not require any party to act as surety—having an obligee and obligor sufficed. One historically significant type of penal bond, the penal bond with conditional defeasance, printed the bond (the obligation to pay) on the front of the document and the condition which would nullify that promise to pay (referred to as the indenture of defeasance—essentially, the contractual obligation) on the back of the document.[21] The penal bond, although an artifact of historical interest, fell out of use by the early part of the nineteenth century in the United States.[22]
Electronic surety bonds[edit]
In certain situations, an Electronic Surety Bond (ESB) can be used in lieu of a traditional paper surety bond. In 2016, the Nationwide Multistate Licensing System and Registry (NMLS) initiated a system for the issuance, tracking, and maintenance of ESBs in support of some licenses being managed through the NMLS. This new online system speeds bond issuance and decreases paperwork, among other potential benefits.[citation needed]
Timeline[edit]
The NMLS ESB initiative began on January 25, 2016 when surety bond companies and providers were able to begin the account creation process. The second phase began on September 12, 2016 when an initial group of nine state regulatory agencies began accepting ESBs for certain license types. This initial rollout included agencies in Idaho, Indiana, Iowa, Massachusetts, Texas, Vermont, Washington, Wisconsin, and Wyoming.
On January 23, 2017, another group of twelve state agencies were added to allow ESB capability for certain license types. This group included agencies in Alaska, Georgia, Illinois, Indiana, Louisiana, Minnesota, Mississippi, Montana, North Carolina, North Dakota, Rhode Island, and South Dakota. Minor upgrades were also completed early in 2017. The types of licenses transitioning to ESBs and the implementation timelines vary by licensing agency. The NMLS plans to roll out additional state agencies and update the system with added functionality over time.[23]
See also[edit]
Surety
Co-signing
Demand guarantee
Fidelity bond
Fiduciary
Indemnity
Insurance
Penal bond
Performance bond
Submittals (construction)
Shop drawing
Testator
References[edit]
Jump up ^ "Q&A The Legal Basics of Surety Bonds". Cross Insurance Agency. Retrieved 2016-03-21.
Jump up ^ "Right Of Surety To Subrogation Against Third Party". scholarlycommons.law.wlu.edu. Retrieved 2016-03-21.
Jump up ^ "About the Industry". The Surety & Fidelity Association of America. Retrieved 2009-07-17.
Jump up ^ ADAM LIPTAK Illegal Globally, Bail for Profit Remains in U.S., New York Times, 29 January 2008
Jump up ^ "Definition of FRANKPLEDGE". www.merriam-webster.com.
Jump up ^ Gallagher, Edward Graham (2000). The Law of Suretyship. American Bar Association. p. 27.
Jump up ^ "The Guarantee Society Ltd". Aviva. Retrieved August 13, 2012.
Jump up ^ "Introduction". suretyinfo.org. Retrieved 2016-03-23.
Jump up ^ "Contract Surety Bonds" (PDF). Zurich. Retrieved August 13, 2012.
Jump up ^ Gantt PH. (1968). Problems of Private Claimants Under Miller Act Payment Bonds. William and Mary Law Review.
Jump up ^ "Bond Claim Filing for State, County and Municipal Lien Claims". zlien. Retrieved 2015-11-23.
Jump up ^ "Bond Resources". Texas Department of Insurance. Retrieved August 13, 2012.
^ Jump up to: a b c Dan Donohue and George Thomas. (1996). Construction Surety Bonds In Plain English. Webcite archive.
Jump up ^ Surety Information Office. (2009). The Importance of Surety Bonds in Construction.
Jump up ^ McIntyre M. (2007). Why Do Contractors Fail. Construction Business Owner.
^ Jump up to: a b Donohue D, Thomas G. (1996). How Surety Bonds Work. Archived at Webcite.
Jump up ^ Surety bonds help businesses grow on contract success. SBA News at The Herald Business Journal.
Jump up ^ (2006). Contractor's State License Bonds: Desk Reference, p. xv. American Bar Association.
Jump up ^ Rendleman D. (2006). A Cap on the Defendant's Appeal Bond?: Punitive Damages Tort Reform. Washington & Lee University School of Law
Jump up ^ O'Neal-Coble, Leslie (1994). The Most Important Questions a Surety Can Ask about Miscellaneous Bonds. Chicago, Illinois: American Bar Association. ISBN 0-89707-937-X. Retrieved 16 May 2016.
Jump up ^ Biancalana, Joseph, “The Development of the Penal Bond with Conditional Defeasance,” 26 J. Legal His. 103 (2005), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=918531
Jump up ^ Curtis Nyquist, A Contract Tale from the Crypt, 30 Hous. L. Rev. 1205, 1233 (1993)
Jump up ^ "NMLS Electronic Surety Bond". mortgage.nationwidelicensingsystem.org. Retrieved 2017-02-24.
External links[edit]
Surety Bonds at Curlie (based on DMOZ)
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