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  • Question

    What is the process we need to follow to issue notice to the Surety that a Claim against the bonds and Termination for Default is being considered so that the government can enforce the bonds. Does the notice need to be sent to the surety certified mail prior to issuing a termination notice (or vice versa)?


    Answer

    In researching this subject, it appears that there is no official guidance. Good job in keeping the Surety and SBA involved in the termination process. Consulting legal should be helpful when processing the claim against the performance bond. Since the regulations appear to be silent, after consulting with legal and SBA, it may be best to speak directly to the Surety and ask them how they prefer to process the claim.  This may alleviate any processing issues or additional administrative costs.  

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