A Letter from our Carrier: Travelers

To our Construction Surety Clients:

We know some of our clients have applied for, and in many cases obtained, Paycheck Protection Program (“PPP”) loans under the CARES Act. We have been supportive of this initiative. We further understand many of these clients may now be confused by the recent guidance issued by the SBA which emphasizes the borrower must certify their loan application meets a standard that includes undefined phrases. For example, the applicant must certify the impact of the “current economic uncertainty” makes the loan request “necessary to support the ongoing operations” and that the loan request considers “current business activity” and “access to other sources of liquidity.” Understandably, there is concern that failure to meet these undefined standards could lead to fines and penalties, or perhaps even criminal prosecution. This may place a business leader struggling to protect their organization in this unprecedented environment in an extremely difficult position.

We cannot make a determination on behalf of our clients as to whether they meet this standard or not, nor can we provide legal advice on this topic, though we do encourage our clients to seek legal counsel if they are concerned about the status of their PPP loans. We do recognize, however, we are a potential critical creditor to our construction clients, and therefore we believe it could be helpful to share how we perceive the current environment as it relates to the industry as a whole.

Our thoughts include these points:

1. We know there has been a negative impact from COVID-19 on many clients’ financial performance. Projects have been delayed and cancelled, costs to provide difficult to obtain PPE have increased, work schedules have been altered to accommodate distancing requirements, and labor attendance has been reduced due to personal health concerns. While we are aware of these events, we likely will not be able to fully evaluate our clients’ financial situation until we receive, at the earliest, June 30, 2020 half year financial statements in August or September of this year. Not knowing the level of financial impact increases the difficulty of supporting our clients’ surety programs.

2. Many of our clients have bank lines of credit. They may feel these lines constitute the “ability to access other sources of liquidity.” We generally have a negative view on the use of line of credit proceeds to cover operating expenses. One reason we take this position is because a bank line of credit represents a liquidity option of last resort. Further, our claim experience tells us banks often have the ability to demand repayment if they deem themselves to be sufficiently insecure. For these reasons we are typically reluctant, and may be unwilling, to extend surety credit to a client with no remaining liquidity reserve or who becomes heavily reliant on their bank line of credit.

3. We appreciate that the immediate impact of COVID-19 on contractors is partially blunted by ongoing construction projects, but to avoid lasting harm and payroll shrinkage, in-progress construction projects must be replaced as they complete. The environment for such replacement has become uncertain as some economic forecasts project shrinkage. Private sector building activity may decrease and a decline in tax revenues may lead to a similar reduction in state and municipal building activity, which represents the majority of public sector construction. Infrastructure programs and Federal programs to provide aid to states are being discussed but are far from finalized. As such, absent additional funding, certain of our clients who do not take steps to reduce costs and increase liquidity may be poorly equipped to endure the current economic cycle.

4. Finally, our clients are facing a time of elevated credit risk. Accounts Receivable constitute a significant portion of many clients’ working capital, which is a critical component of our evaluation for surety support. If our clients are holding receivables from project owners whose businesses are embattled by the COVID-19 pandemic, then this could impact our clients’ ability to collect. Since failure to collect accounts receivable can have a significant negative impact on financial health, we view this as an elevated risk factor that is reduced by additional liquidity.

In summary, we view the maximization of capital and liquidity, including appropriate funding obtained from the PPP, as important to guard against these unknown risks, and we therefore believe in many cases such additional funding may well be necessary to support the availability of surety credit.

Our underwriting and willingness to support our clients through this difficult time is individual to each client, and each client has different levels of need for additional funding. Any steps taken by our clients to better position themselves for this uncertain environment are important from an underwriting standpoint.

We value our relationship with you as a client of Travelers, and we appreciate your taking the time to understand our position.

Sincerely,

Robert L. Raney

Paycheck Protection Program (PPP)

An SBA loan that helps businesses keep their workforce employed during the Coronavirus (COVID-19) crisis.

Program Overview

The Paycheck Protection Program is a loan designed to provide a direct incentive for small businesses to keep their workers on the payroll.SBA will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities.The Paycheck Protection Program will be available through June 30, 2020.

Who Can Apply

This program is for any small business with less than 500 employees (including sole proprietorships, independent contractors and self-employed persons), private non-profit organization or 501(c)(19) veterans organizations affected by coronavirus/COVID-19.Businesses in certain industries may have more than 500 employees if they meet the SBA’s size standards for those industries.Small businesses in the hospitality and food industry with more than one location could also be eligible at the store and location level if the store employs less than 500 workers. This means each store location could be eligible.

How to Apply

You can apply through any existing SBA 7(a) lender or through any federally insured depository institution, federally insured credit union,  and Farm Credit System institution that is participating. Other regulated lenders will be available to make these loans once they are approved and enrolled in the program. You should consult with your local lender as to whether it is participating in the program.Lenders may begin processing loan applications as soon as April 3, 2020.

Loan Details and Forgiveness

The loan will be fully forgiven if the funds are used for payroll costs, interest on mortgages, rent, and utilities (due to likely high subscription, at least 75% of the forgiven amount must have been used for payroll). Loan payments will also be deferred for six months. No collateral or personal guarantees are required. Neither the government nor lenders will charge small businesses any fees.Forgiveness is based on the employer maintaining or quickly rehiring employees and maintaining salary levels.  Forgiveness will be reduced if full-time headcount declines, or if salaries and wages decrease.This loan has a maturity of 2 years and an interest rate of .5%.If you wish to begin preparing your application, you can download a sample form to see the information that will be requested from you. 

Other Assistance

In response to the Coronavirus (COVID-19) pandemic, small business owners in all U.S. states, Washington D.C., and territories are currently eligible to apply for disaster assistance.Enhanced Debt Relief is also available in SBA’s other business loan programs to help small businesses overcome the challenges created by this health crisis.For information on additional Lending options, please click here.SBA provides local assistance via 68 district offices and a nationwide network of resource partners. To find resources near you, please click here

Understanding the $2 Trillion Stimulus Package

The Coronavirus (COVID-19) pandemic has put a major strain on every aspect of daily life around the world, including the United States. As spread of the disease shows no sign of slowing down, there is a steadily increasing concern in the United States regarding the health and wellness of not only our citizens, but the economy as well. In response, the United States Congress has been negotiating a historic stimulus package to address the havoc caused by the pandemic.  

It appears Congress’ hard work has paid off, as they just passed a $2 trillion package to provide a jolt to the economy reeling from the deadly virus. All Americans would do well to understand the package’s provisions, as it will offer direct relief to businesses and individuals alike.

WHAT IS IN THE STIMULUS PACKAGE?

The $2 trillion stimulus package, negotiated by Republican and Democratic leaders, is the largest economic stimulus measure in modern history. The bill is a $2 trillion combination of tax provisions and other stimulus measures, including emergency business lending. The measure promises to provide help for struggling American families and businesses, as well as health care workers on the front lines of the coronavirus outbreak.

Significant Provisions Affecting Businesses

The tax package itself is broad, with tax payment relief and significant business tax incentives. Here is a list of the most significant provisions affecting businesses:

·       $367 billion will be made available in loans for small businesses and $150 billion for state and local governments. The loans will be forgiven so long as businesses pledge not to lay off their workers.

·       Small businesses forced to suspend operations or that have seen gross receipts fall by 50% from the previous year will be eligible for a tax credit worth up to 50% of wages paid during the crisis, so long as they keep their workers employed throughout.

·       The Treasury Department will distribute $500 billion in loans to struggling industries (e.g., passenger airlines and businesses critical to maintaining national security). Additionally, an oversight board and inspector general will be created to oversee loans to large companies.

·       Health care providers will receive $100 billion in grants to help fight the coronavirus and make up for revenue lost by delaying elective surgeries and other procedures.

·       $200 million will be carved out for the Federal Communications Commission to provide health care providers with connected devices to facilitate telemedicine services, with the goal of freeing up hospital beds. Another $25 million will go to a grant program that helps rural communities purchase broadband equipment for telemedicine.

·       The Commodity Credit Corporation, an institution that USDA uses to stabilize the farm economy, would see its spending authority increased to $14 billion. The package also sets up a $9.5 billion emergency fund for producers, including fresh fruit and vegetable growers, dairy farmers and cattle ranchers, along with local food systems like farmers markets.

·       Colleges and universities, as well as school districts, will receive more than $30 billion.

·       State and local governments will receive $150 billion, with $8 billion set aside for local governments.

·       The package will provide the U.S. Postal Service with a $10 billion Treasury loan to stave off insolvency. Retailers, restaurateurs and hotels will be able to immediately deduct from their taxes what they spend on property improvements. 

·       Employers can defer the 6.2% tax they pay on wages used to fund Social Security.

Significant Provisions Affecting Individuals

The major piece of the individual tax changes will offer rebate checks based on a new tax credit of $1,200 per filing adult and $500 for each qualifying child. Additionally, unemployed individuals will receive an unprecedented expansion of benefits and payments. 

Here is a list of the most significant provisions affecting individuals, many of which will be discussed in detail later in this piece:

·       Single Americans will receive $1,200, married couples will get $2,400 and parents will receive $500 for each child.

·       Unemployed individuals, including freelancers and furloughed employees, will get an extra $600 per week for up to four months, on top of state unemployment benefits. 

·       The package also calls for a new pandemic unemployment assistance program, which will provide jobless benefits to those who are unemployed, partially unemployed or unable to work because of COVID-19 and don't qualify for traditional benefits.

·       The Department of Education will suspend payments for student loan borrowers without penalty through September 30.

·       There will be housing protections against foreclosures on mortgages and evictions for renters. Anyone facing a financial hardship from the coronavirus will receive a forbearance on federally backed mortgage loans of up to 60 days. Those with federally backed mortgage loans who have tenants are not allowed to evict tenants solely for failure to pay rent for a 120-day period.

As you can see, the package will have a far-reaching impact as it drives money toward workers, small businesses and industries that have been impacted by the economic downturn due to the pandemic.

OVERVIEW OF MAJOR BILL PROVISIONS

Now that you’re aware of the major implications for both businesses and individuals, let’s take a more in-depth look at the most important provisions.

Loans and Tax Credit Available to Small Businesses

Keeping businesses afloat and workers under the wing of their employers is critical for ensuring the economy can quickly restart after the pandemic subsides. To this end, the stimulus package creates a $367 billion federally guaranteed loan program for small businesses that employ 500 or fewer people who must pledge not to lay off their workers. The loans will be available during an emergency period ending June 30, and would be forgiven if the business uses the loan funds for approved purposes and maintains the average size of its full-time workforce, based on when it received the loan.

Additionally, small businesses forced to suspend operations or that have seen gross receipts fall by 50% from the previous year, will be eligible for a tax credit worth up to 50% of wages paid during the crisis, so long as they keep their workers employed through the crisis. Wages remain eligible until business is no longer suspended or gross receipts for a quarter reach 80% of the prior year. The credit could be applied to all wages for employers with fewer than 100 employees, while the benefit is capped at $10,000 in wages per employee for larger employers.

Expansion of Unemployment Benefits

The stimulus package includes a significant expansion of unemployment benefits that will extend unemployment insurance by 13 weeks and include a four-month enhancement of benefits (for reference, many states already provide 26 weeks of unemployment benefits, and thus participants in such states would be eligible for a total of 39 weeks when adding the 13 weeks of federal relief). The enhanced benefits will provide an additional $600 per week on top of what state unemployment programs pay.

Note that many individuals who typically do not qualify for unemployment insurance will qualify under the package, including independent contractors and self-employed individuals. In sum, those who are unemployed, partially unemployed or who cannot work for a wide variety of coronavirus-related reasons will be more likely to receive benefits.

Individual Checks to Taxpayers

As noted earlier, the package will provide direct payments to taxpayers based on the adjusted gross income found on their 2019 federal tax return. All U.S. residents with adjusted gross incomes up to $75,000 ($150,000 for married couples) will get a $1,200 ($2,400 for couples) payment. Families will receive an additional $500 per child, as a way to create a safety net for those whose jobs and businesses are affected by the pandemic. However, the payments will start to phase out for individuals with adjusted gross incomes greater than $75,000. Those with incomes higher than $99,000 will not qualify for payments under the stimulus package. 

It is unclear how long it will take the IRS to process every payment. The Trump administration has indicated that Americans could be seeing direct payments as soon as April 6.

HOW CAN I TAKE ADVANTAGE OF THE STIMULUS?

Now that you’re acquainted with the impact of the stimulus package, let’s discuss how you might take advantage of these benefits:

How can I obtain a small business loan from the government?

The U.S. Small Business Administration (SBA) is offering loans for qualifying small businesses. These are low-interest (3.75% for small businesses and 2.75% for nonprofits) loans with terms potentially as long as 30 years. You can apply for an SBA loan through its website. Be prepared to provide the following information:

·       Tax Information Authorization (IRS Form 4506T), completed and signed by each principal or owner

·       Recent federal income tax returns

·       Personal Financial Statement (SBA Form 413)

·       Schedule of Liabilities listing all fixed debts (SBA Form 2202)

You may also need to provide profit and loss statements, recent tax returns and balance sheets.

After you apply, the SBA will review your credit before conducting its own inspection to verify your losses. The SBA says its goal is to arrive at a decision on any disaster loans within two to three weeks. If it determines you are eligible, it will send you a loan closing document for your signature.

How can employees collect unemployment assistance?

If your business is closed because of COVID-19 and your employees cannot work from home, or your employees are unable to work due to the disease or need to take care of someone who has it, they can likely collect unemployment. As each state administers a separate unemployment insurance program, employees should be told to visit their state’s unemployment insurance website, which will provide the relevant details regarding their individual programs. The information employees will need includes their Social Security number and driver’s license or state ID.

CONCLUSION

If there’s anything that is certain, it is that the full economic impact of this unprecedented pandemic is yet to be understood. Despite the unpredictability, Congress’ historic economic stimulus package is a sight for sore eyes for struggling businesses and individuals alike. 

As the pandemic develops and the stimulus package is rolled out, look for more relevant guidance from JHB Risk Services LLC in the near future, and continue to stay abreast of the latest state and federal developments.