Payments & Liens

Performance Bond

A surety bond guaranteeing the contractor will complete the project per contract. Required on most public works.

A performance bond is a financial guarantee, issued by a surety company, that the bonded contractor will complete the project according to the contract. If the contractor defaults (abandons the project, becomes insolvent, fails to perform), the surety steps in to either complete the work directly, find a replacement contractor, or pay the owner the cost of completion up to the bond amount. Federal public works over $150,000 require performance bonds under the Miller Act, alongside payment bonds. State and local public works have parallel requirements.

Performance bonds are typically written for 100% of contract value. The premium runs 0.5 to 3% of contract value depending on the contractor's bonding capacity. Bonding capacity itself is a function of the contractor's working capital, prior project history, and surety underwriting. Many small contractors cannot get bonded above a certain project size, which limits the public works they can pursue. Building bonding capacity is a long-term strategic priority for any contractor planning to scale into public or large commercial work.

Frequently asked questions

When is a performance bond required?+

Federal public works over $150,000 (Miller Act). State and local public works under parallel laws. Many private commercial projects at the owner's discretion. The owner pays for the bond indirectly through the contract price; the contractor procures the bond and prices it into the bid.

What does a performance bond cost?+

Typically 0.5 to 3% of contract value. Established contractors with strong financials and clean histories pay the low end. New contractors and high-risk projects pay the high end. The bond cost should always be a separate line item in the bid; on bondless projects this line goes away.

What happens if a contractor defaults?+

The owner declares default per the contract, notifies the surety, and the surety chooses one of three options: complete the work itself (using sub-tier subs already on the project), find a replacement contractor, or pay the owner the cost of completion up to the bond amount. Defaults are messy, slow, and expensive for everyone involved.

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