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In Mountain Brook the $10,000 contractor bond is part of getting licensed, not something you sort out after the first job. A premium buys the bond, the city clerk approves it, and your business is cleared to build in the city.
Section 109-5 of the Mountain Brook code requires anyone in the business of constructing buildings, houses or other structures in the city, or digging the excavations for them, to get the proper license and deposit a $10,000 bond with the city clerk. The bond must be executed by a corporate surety authorized to do business in Alabama.
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The requirement is broad. Section 109-5 applies to any person engaged in the business of constructing buildings, houses or any other structures in Mountain Brook, and to anyone making the excavations for them. It is one flat amount of $10,000 with no tiers by contract size or license class.
The bond is conditioned on your faithful observance of all laws, ordinances, rules and regulations that govern construction and related excavation in the city. It must indemnify the City of Mountain Brook and hold it harmless from claims arising from your acts or omissions or those of your agents and employees, including unfaithful or inadequate work, and it promises that all work will be done in a good and workmanlike manner.
The city council establishes the form and substance of the bond, and a copy of the form is kept in the city clerk's office. The bond goes to the clerk for approval and stays in the clerk's custody. Getting the clerk's form before your surety issues the bond avoids a rejected filing.
The bond stays in force until 30 days after the city clerk receives written notice that the surety intends to cancel. Liability that accrued before that date remains covered.
The license bond is not the only security Mountain Brook may ask for. Under Section 109-46, certain projects seeking a soil disturbance permit also need a reclamation bond, letter of credit or other approved security, sized by the building official. That applies to work in the Villages of Mountain Brook, in community shopping districts, on projects with a development plan, on recent subdivisions of three or more lots, and on homes with an estimated construction cost over $3,000,000. It is posted per project by the owner or agent and does not replace the $10,000 contractor bond.
You pay an annual premium rather than the full $10,000. The surety sets that premium based on credit and business history, so a quote is the quickest way to see your number.
No. Section 109-5 sets one figure, $10,000, for everyone in the business of constructing buildings, houses or other structures in Mountain Brook.
Yes. The section expressly includes anyone making excavations for buildings, houses or other structures.
No. Section 109-46 reclamation security is a separate, project specific requirement set by the building official for certain soil disturbance permits. It is posted in addition to the $10,000 contractor bond.
The Mountain Brook city clerk approves it and keeps custody of it. Use the form the city council has established, available from the clerk's office.
The surety must give the city clerk written notice. The bond stays in effect until 30 days after the clerk receives it, and earlier liability is still covered.
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