Cases / Commercial & contracts
Commercial & contracts

Place the three fianzas and release them in order

Post the fianza de cumplimiento inside the days the award allows, secure the anticipo before the money moves, keep all three bonds in a register with their dates, endorse them when a convenio modificatorio moves the contract, and cancel each one on the event that actually ends its risk.

6 steps16 minGeneral contractorSpecialist subcontractorDeveloper / client

How it works, step by step

6 steps across the platform - what you do at each one, and why it matters.

1

Deliver the fianza de cumplimiento inside the days you have

Contracts

As soon as the fallo is notified, have the afianzadora issue the fianza de cumplimiento on the terms the convocatoria set, in favour of the dependencia, and deliver it. The period is fifteen days following the notification of the award where the convocatoria does not name another one. Record the delivery date on the contract, not only the date on the bond.

Why: This is one of the few deadlines on a Mexican public contract that can cost you the contract itself rather than money, and it lands in the week everyone is celebrating. It is short by design and it starts on a notification rather than on a signature, so a firm that waits for the contract to be drafted before calling the afianzadora has already spent most of it.

InNotification of the awardBond terms the convocatoria setsOutFianza de cumplimiento deliveredDelivery date against the deadline
2

Secure the anticipo before the money moves

Finance

Put the fianza de anticipo in place for the whole of the advance before any part of it is paid over, and record it against the anticipo rather than against the contract in general. Where the anticipo is granted in parts, make sure the security covers the part being released.

Why: It secures a different thing from the fianza de cumplimiento, which is why it exists separately: money handed over before there is any work to look at. That also decides when it ends. It follows the amortizacion, not the completion of the works, so on a job that finishes with the advance not fully repaid this bond outlives the project and nobody expects it to.

InAnticipo the contract grantsWhen each part is to be paidOutFianza de anticipo in placePayment released against the security
3

Keep the three in one register with their dates

Deadlines

Enter each bond once with the four things anybody will ever ask: what it secures, its amount, the afianzadora and policy number, and the event that ends it. Then set the dates that follow from those events, so the register is what gets read rather than the folder of PDFs.

Why: Bonds fail quietly in both directions. One that expires while the risk is still live leaves the works unsecured and the dependencia entitled to say so; one that outlives its risk goes on charging a premium every year until somebody notices, which on a portfolio of finished jobs is a real number nobody has ever added up.

InBonds issued so farEvents that end each riskOutOne register, three bonds, datedAn owner against each date
4

Endorse the bonds when a convenio moves the contract

Change Orders

Every convenio modificatorio that raises the contract amount or extends the term is a change to the security as well as to the works. Have the fianza de cumplimiento endorsed for the new amount and the new period, and update the register from the endorsement rather than from the convenio.

Why: An increase agreed but not endorsed leaves the extra work unsecured, which is a finding the moment anybody audits the file and an argument the dependencia can use to hold an estimacion. It is invisible while it lasts, because the convenio is signed, the works are proceeding and the original bond is still perfectly valid for the amount it was written for.

InConvenio modificatorioBonds as currently issuedOutEndorsement matching the new amountNo unsecured increase left open
5

Put up the vicios ocultos security before the acta

Close-out

Before the acta de entrega-recepcion is signed, provide the guarantee article 66 LOPSRM requires against defects and hidden vices for the twelve months that follow. The article lets you choose the form: a fianza, an irrevocable letter of credit, or an amount placed in trust. Choose it on cash rather than habit, and diarise the day the twelve months end.

Why: It has to exist before the works are received, so it is prepared during the busiest fortnight of the job or it delays the acta, and a delayed acta delays the finiquito and everything behind it. The choice of form is worth an hour: a trust deposit ties up cash for a year while a fianza costs a premium, and the right answer depends on which of those the firm has less of.

InDate set for the recepcion fisicaMonto total ejercidoOutVicios ocultos security in placeTwelve month period diarised
6

Cancel each bond on the event that ends its risk

Documents

Release the fianza de anticipo when the advance reaches zero, the fianza de cumplimiento against the finiquito and the acta administrativa that extinguishes the rights and obligations, and the vicios ocultos security when the twelve months are up with no claim outstanding. File the paper the afianzadora needs against each one, because a cancellation is granted on evidence rather than on a request.

Why: Nobody is chasing you to stop paying, so this is the step that gets skipped on every job that ends well. The cost is not only the premium: an open bond consumes the line the afianzadora will extend you, and a firm bidding its next contract discovers its capacity is committed to three jobs it finished years ago.

InFiniquito and acta administrativaAnticipo balance at zeroOutEach bond cancelled on its own eventPremiums stopped
Modules

Modules in this playbook

6 / 190 platform modules

The market this case is written for

Mexico

Everything in this case follows how construction work is measured, priced and paid for in this market. The forms, the cost breakdown and the payment rules are the ones used there, not a generic version of them.

Standards it follows

  • CFDI 4.0
  • Ley de Obras Publicas

You do not have to set any of that up by hand. The first time you open the platform it asks which market you work in. Choose this one and it sets the interface language, loads the matching cost database and records the cost classification, and it adds an example project you can open straight away.

The rule checks for this market come with the platform too. Switch them on once and an estimate that misses something the market expects is flagged while you are still working on it, not after the tender has gone out.

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