Performance and Payment Bonds (2024)

Performance and Payment Bonds (1)

Performance and Payment Bonds at Surety1

Surety1 has the expertise to place almost any size bond and isa valuable business partner for anycompany that wants to grow its surety capacity. Performance and payment bonds are not insurance, so why purchase them from an insurance agent? All we do are surety bonds. (More about Surety1 here.)

In addition to performance bonds for construction contracts, Surety1 has expertise in placing performance and payment surety bonds for service contracts like security contracts, janitorial, and even Information Technology projects.

Surety1 has access to the Small Business Association’s Surety Bond Guarantee Program. This gives you an extra guarantee from the SBA on your bid, performance, and payment bonds issued by surety companies. The SBA Bond Guarantee program is designed to assist small and emerging contractors obtain more bonding capacity than they are able to in the standard surety markets. This program may also be available to contractors that may have challenged credit.

See our “What is a Surety Bond” Video.
See our “How does the Surety Bond Process Work” Video

Why Use Surety1?

  • Surety1 is a bond-only agency that specializes in surety bonds.
  • We have access to over 15 surety markets and can find you the best price for your needs.
  • We have a combined 50+ years experience writing bonds. You can trust us as your surety experts.
Insurance agents click here to apply on behalf of one of your clients.

Performance Bond Basics

Performance and Payment Bonds (2)What is a performance bond?

A performance bond is a type of surety bond which guarantees to the obligee (the entity or person being protected by the bond) that the principal (the contractor applying for the bond) will successfully completed the project in accordance with the terms and conditions of the agreement.

If the contractor fails to complete the project in accordance with the terms of the construction agreement, the surety company will either complete the contract itself, or arrange for a contractor to complete the contract. The surety company will pay the new contractor the amount required to finish the work, minus the unpaid amount under the original contract. However, the surety company is not obligated to pay more than the penal sum or limit of liability stated in the bond.

If the surety suffers a loss, the surety will seek restitution from the contractor.Aperformance bond is not insurance.

“I called Surety1 in a bind needing bonds for two jobs that my insurance agent told me they could get for me then realized they could not help me. Not only did Surety1 get me my bonds, but they were able to double my bonding capacity. They are very professional, always responsive and definitely know the bonding business” JB

Performance and Payment Bonds (3)How Much Does aPerformanceBond Cost?

The cost performance and payment bonds vary. There are many factors that influence rate.Most small, infrequent users of surety credit will pay 2.5% to 3%. Larger, established contractors can obtain bonds at rates starting at 1%.There is a plethora of variables for both large and small contractors that can impact the cost of a performance bond.

For more information, call Surety1 today at 877-654-2327 and ask for the contract department or email contract@surety1.com.

What is a payment bond?

The payment bond is a type of surety bond that guarantees to the Obligee (the entity or person being protected by the bond) that if the contractor (Principal) fails to pay its subcontractors and material suppliers on the bonded project, the surety will make the payments up to the penal sum of the payment bond. In essence, the payment bond guarantees a lien-free project. The payment bond is usually issued with a performance bond and is included in the price for performance and payment bonds.

What is a bid bond?

Performance and Payment Bonds (4)When bidding a public works project, a bid bond is usually required as part of the bidding process. The bid bond is 20% of the bid amount on Federal projects and varies from as low as 5% to 20% on other public works bids. For instance, if the job bidding is $1,000,000 project, the amount of the bid bond on a Federal project would be 20% of the amount bid or $200,000. The bid bond is only a small percentage of the bid amount because it is meant to guarantee that the contractor will enter into the contract and provide the necessary performance and payment bonds. If the contractor does not win the bid, the surety company will not have to pay out the bond.

Read more about bonding and other useful informationon by reviewing the Federal Acquisition Regulations (FAR).

The bid bond, in its most simplistic terms, is a promise that the successful bidder will enter into a contract and provide the necessary performance and payment bonds. A bond claim would cover the difference between the cost of the low bid to the next bid. While the bid bond is only a small percentage of the bid amount, the surety will underwrite it based on the total contract price.

What is the underwriting process?

The purpose of the surety is to pre-qualify the contractor. As such, the amount of underwriting required varies a great deal depending on the size of the job a contractor is trying to bond. For instance, a small project of say $500k or less, may only require a simple application. The surety will pull business and personal credit, maybe verify some previous experience, and agree to provide bonding based only on that information. Performance and Payment Bonds for larger projects will require more information, mostly financial in nature. Personal and business financial statements, verification of certain assets and a proven track record will be required. As a contractor continues to grow, the surety will require CPA prepared financials (review quality or better) prepared on a percentage of completion basis. Resumes on key personnel and a meeting with the surety underwriters may also be required as a contractor grows.

Performance and Payment Bond Underwriting Blogs.

  • Sample Performance Bond Underwriting Guidelines
  • What is Profit Fade?
  • What are Underbillings?
  • What are Overbillings?
  • Levels of CPA Financial Statements for Construction Contractors
  • Percentage of Completion method of accounting
  • Performance and Payment Bond General Information Page
  • Performance Bond Underwriting Requirements
  • Increase Surety Bond Credit
  • The Problem with Actual Damages Clauses in Construction Contracts
  • Protect Yourself when Entering into a Construction Contract with a Bad Owner
  • Benefits of Building Information Modeling (BIM)
  • Tips for Success in Bidding on Public Works Contracts
  • Benefits and Drawbacks of Bonding Subcontractors for General Contractors

Check back often, more performance bond underwriting blog posts are coming soon.

About Surety1.com

Surety1.com is a service ofAssuredPartners one of the largest and fastest growing insurance agencies in the nation. Representing over a dozen surety bond companies, Surety1.com is the premier provider of surety bonds for the construction industry, nationwide, since 2003. Licensed in all 50 states and the District of Columbia, Surety1 can handle all of your surety bond needs. The company maintains a 5 star rating from Trustpilot.

How to Get Your Performance and Payment Bonds

  1. Complete an online application. It’s free and no-obligation.
  2. One of our surety experts will contact you with a firm quote and an agreement to sign.
  3. Provide payment and your signed agreement, and then you will receive your Surety Bond!

If you have any questions, please call us at 877-654-2327.

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Performance and Payment Bonds (2024)

FAQs

What are performance and payment bonds? ›

A payment bond and a performance bond work hand in hand. A payment bond guarantees a party pays all entities, such as subcontractors, suppliers, and laborers, involved in a particular project when the project is completed. A performance bond ensures the completion of a project.

How do you fill out a performance bond? ›

First, write the name of the obligor or project owner on line preceded by "are held and firmly bonded to." Then write down how much money is at issue in this bond. Once that's done sign your signature where requested with a notary public present who will then make sure it was signed legally.

What is a 100% performance bond? ›

Project owners typically require a performance bond that covers 100 percent of the value of the contract in the event the contractor cannot finish the project.

Are performance and payment bonds required in cost reimbursem*nt construction contracts? ›

228.102-1 General. The requirement for performance and payment bonds is waived for cost-reimbursem*nt contracts.

What is the purpose of a performance bond? ›

A performance bond, also known as a contract bond, is a surety bond issued by an insurance company or a bank to guarantee satisfactory completion of a project by a contractor. The term is also used to denote a collateral deposit of good faith money, intended to secure a futures contract, commonly known as margin.

How long are payment and performance bonds good for? ›

How long is a Payment and Performance Bond good for? The answer is usually one year, but the timeframe can depend on a few factors. Some bonds never need renewal because they cover such short spans of time; others may last for years or decades after purchase before requiring an upgrade.

What is an example of a performance bond? ›

In short, performance bonds guarantee that you finish what you start, and that the client is satisfied with your work. For example, if you're a contractor on a construction project, your performance bond would legally “bond” you to stipulations in your contract with the property owner.

Is a performance bond a debt? ›

A performance bond is issued to one party of a contract as a guarantee against the failure of the other party to meet obligations in the contract. A surety is the organization or person that assumes the responsibility of paying the debt in case the debtor policy defaults or is unable to make the payments.

What is an example of a payment bond? ›

For example, a construction payment bond may need to cover the entire construction contract amount for a $5 million project, but a $50 million project only requires a bond of 50% of the total contract value. The required bond amounts are set out in the specific statutes of the state in which the project takes place.

How to calculate payment bond? ›

If you want to calculate the annual coupon payment for a bond, all you have to do is multiply the bond's face value by its annual coupon rate. That means if you have a bond with a face value of $1000 and an annual coupon rate of 10%, then the annual coupon payment is 10% of $1000, which is $100.

What triggers a performance bond? ›

Performance bonds are put in place as an assurance to all parties that a construction project will be completed on time and in the fashion that was laid out in the contract. During the project, however, a developer may choose to call a bond if they believe the contract is not being adequately followed.

What does 10% performance bond mean? ›

What Is A Performance Bond? Performance Bonds / Contract Bonds are a type of Surety Bond and are written promises to pay for direct loss or damage suffered by a third party as a result of a breach of contract and are typically issued for 10% of the contract value.

What is the difference between letter of credit and payment and performance bond? ›

The performance bond ensures full project completion, while the payment bond protects the subcontractors, workers and suppliers. A letter of credit can be issued for any percentage of the project contract amount, though it's generally between 5-10%. Subcontractors, workers and suppliers are not protected.

What is the difference between advance payment bond and performance bond? ›

Advance Payment Bond v's Performance Bond

An APB will protect the Employer against goods or services yet to be supplied while a PB will provide compensation in the event of the Contractors failure to perform and complete his obligations under the Contract.

What happens when a performance bond is called? ›

Calling a performance bond occurs when the contractor defaults or fails to finish the project satisfactorily per the contract. The steps involved in calling a bond include: Owner's Notice of Default: The owner sends a written default notice to the contractor and surety when a default occurs.

What is a performance bond in simple terms? ›

A performance bond is a type of contract construction bond that guarantees a contractor will complete a project according to the terms outlined in a contract by the project owner, also called the obligee.

Are payment bonds and performance bonds the same thing? ›

Performance Bond secures the contractor's promise to perform in accordance with agreed upon terms of contract, at agreed-upon pricing cost. A Payment Bond protects certain laborers against nonpayment from contractors for work done or services rendered. That is the difference between performance and payment bonds.

What is the difference between a bid bond and a performance and payment bond? ›

Bid bonds protect clients from potentially losing money during the bidding process, while performance bonds protect clients if a contractor fails to complete a project. Payment bonds protect parties involved in a construction project from non-payment.

What is the difference between a bid bond a performance bond and a payment bond? ›

Contract bonds, sometimes referred to as construction bonds, ensure that the obligations of a construction contract are met, from starting work as promised (bid bonds) to completing the project per specifications and on time (performance bonds) to paying their subcontractors and suppliers for the project (payment bonds ...

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