Contracts

Bond (Performance and Payment)

Also known as: Performance Bond, Payment Bond, Surety Bond

A surety guarantee that a contractor will complete the work (performance bond) or pay subs and suppliers (payment bond).

A construction bond is a financial guarantee issued by a surety company on behalf of a contractor. The two most common types are performance bonds (guaranteeing project completion to the contract terms) and payment bonds (guaranteeing payment to subcontractors and suppliers).

Bonds are typically required on public works projects (mandatory under federal Miller Act and most state Little Miller Acts) and on larger commercial projects (often required by the owner or lender). The contractor pays a premium (typically 0.5% to 3% of contract value) to the surety, and the surety underwrites the contractor based on financial strength, experience, and bonding capacity. Bonding capacity scales with revenue, working capital, and prior bonded work, which is why smaller contractors often cannot bond projects above $1M to $5M without time spent building capacity.

Frequently asked questions

What is a performance bond?+

A performance bond is a surety guarantee that a contractor will complete a project according to the contract. If the contractor defaults, the surety either finishes the work, pays the owner to do so, or compensates up to the bond amount.

What is the difference between a performance bond and a payment bond?+

Performance bonds guarantee project completion. Payment bonds guarantee that subcontractors and suppliers get paid. Both are typically required on public works and larger commercial projects.

How do I get bonded as a contractor?+

Apply with a surety bond agent. The surety underwrites you based on financial statements, business credit, prior project history, and bonding capacity. Premiums typically run 0.5% to 3% of contract value. Bonding capacity grows over time with revenue and successful bonded project history.

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