228 826 8578 contacto@confianza.mx
228 826 8578 contacto@confianza.mx

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Hidden Defects Bonds

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At Confianza.mx, we understand the importance of protecting your investments in construction and development projects. Our Hidden Defects Bonds are designed to ensure the quality and durability of the work, providing peace of mind and security to everyone involved. Below, we explain everything you need to know about this type of bond.

 

 

What Are Hidden Defects Bonds?

Also known as a Good Quality Bond, Hidden Defects Bonds guarantee the repair of defects or issues that are not visible at the time of delivery of a project or construction. These hidden defects can surface after the project is completed. They may include design errors, poor execution, or the use of low-quality materials. The bond ensures that the contractor is responsible for correcting these issues, protecting the owner or beneficiary from potential damages or losses. This bond does not cover normal wear and tear over time, lack of maintenance, abnormal use, or extraordinary external events such as weather events, strikes, acts of vandalism, etc. 

 

Who Needs Hidden Defects Bonds?

These bonds are essential for:

  • Property Owners: Who seek protection against structural and construction defects that may arise after the work is delivered.
  • Real Estate Developers: Who want to provide additional guarantees to their clients regarding the quality of the construction
  • Contractors and Builders: Who aim to comply with regulations and offer greater security to clients regarding the durability of their projects.

 

Who Regulates Hidden Defects Bonds?

In Mexico, hidden defects bonds are primarily regulated by:

  • National Commission of Insurance and Bonds (CNSF) Oversees and regulates surety companies to ensure their solvency and compliance with the law.
  • Law of Insurance and Bonding Institutions (LISF): Establishes the regulatory framework for the issuance and operation of bonds.

 

What Is the Process for Obtaining a Hidden Defects Bond?
  1. Application: The applicant submits a copy of the contract, including detailed information about the project and its conditions.
  2. Evaluation: The surety company evaluates the applicant's solvency and capacity through a financial and background analysis.
  3. Documentation: Required documents include the contract, project plans, financial statements, and any other relevant documents.
  4. Approval: If the evaluation is favorable, the surety company approves the application and sets the terms and conditions of the bond.
  5. Bond Issuance: Once approved, the bond is issued and delivered to the beneficiary, providing the required guarantee.

 

Benefits of Hidden Defects Bonds
  • Financial Protection: They ensure that any hidden defect or issue is repaired at no additional cost to the owner or beneficiary.
  • Trust and Credibility: They increase confidence in the quality and durability of the completed construction
  • Risk Mitigation: They reduce risks associated with structural and construction defects, ensuring the integrity of the project.
Requirements
  • Copy of the contract
  • Articles of incorporation
  • Official identification of the legal representative and power of attorney
  • Proof of address in the company’s name
  • Recent Tax Status Certificate:
  • Company profile
  • Latest annual tax return with acknowledgment and Excel supplement
  • Financial statements as of December 31 of the previous year, with the accountant's license number

Important Notice: The listed requirements are for informational purposes and may vary depending on the surety company, the bond amount, and the specific circumstances of each case. We recommend contacting our team directly to obtain an updated and personalized list of the necessary requirements for your specific situation.

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