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Contract Bonds - Performance, Payment & Bid Bonds

Secure construction and service contracts with comprehensive contract bonding. Required for most public projects and many private contracts.

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3 Main Types of Construction Bonds

Bid Bonds, Performance Bonds, and Payment Bonds explained - the essential trio for contract bonding

Learn about the three essential contract bonds that work together to protect all parties in construction projects: bid bonds for project bidding, performance bonds for project completion, and payment bonds for subcontractor protection.

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What Are Contract Bonds?

Contract bonds guarantee that contractors will fulfill their contractual obligations. They protect project owners by providing financial recourse if a contractor fails to complete the work, pay subcontractors, or meet other contract requirements.

These bonds are typically required for construction projects, especially public works. The three main types - performance, payment, and bid bonds - work together to ensure project success and protect all parties involved in the construction process.

Types of Contract Bonds

Each contract bond serves a specific purpose in protecting project stakeholders.

Performance Bonds
Project Completion
Guarantee project completion according to contract terms
Requirement:

Contract completion guarantee

Typical Amount:

100% of contract value

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Payment Bonds
Payment Protection
Ensure payment to subcontractors and suppliers
Requirement:

Protect subs and suppliers

Typical Amount:

50-100% of contract value

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Bid Bonds
Bid Security
Guarantee you will enter into contract if awarded
Requirement:

Bid submission requirement

Typical Amount:

5-10% of bid amount

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Appeal Bonds
Court Appeals
Required for appealing court decisions or judgments
Requirement:

Appeal legal judgments

Typical Amount:

110-125% of judgment

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Federal Requirements (Miller Act)

Federal construction projects have specific bonding requirements under various acts.

Miller Act
Federal construction projects over $100,000
Requirement:

Performance and payment bonds required

Coverage:

100% of contract value each

Davis-Bacon Act
Prevailing wage requirements for federal projects
Requirement:

Often requires bonding for compliance

Coverage:

Varies by project

Federal Acquisition Regulation (FAR)
Government contracting requirements
Requirement:

Bonding thresholds and requirements

Coverage:

Based on contract value

State Requirements

State "Little Miller Acts" have their own bonding thresholds and requirements.

California
Little Miller Acts
Threshold:

Public works projects over $25,000

Bonds Required:

Performance and payment bonds required

Texas
Chapter 2253
Threshold:

Public works over $100,000

Bonds Required:

Performance and payment bonds required

Florida
Public Construction Bond Law
Threshold:

Public projects over $200,000

Bonds Required:

Performance and payment bonds required

Application Process

Contract bonds require thorough underwriting and evaluation.

1
Project Information
Provide contract details and project specs
  • Contract amount
  • Project timeline
  • Owner information
2
Financial Review
Submit financial statements and references
  • Financial statements
  • Bank references
  • Surety questionnaire
3
Underwriting
Surety reviews application and issues bond
  • Credit check
  • Capacity analysis
  • Character review
4
Bond Issuance
Receive bond and submit with bid/contract
  • Bond execution
  • Premium payment
  • Project submission

Why Contract Bonds Matter

Benefits for all parties in the construction process.

Project Owner Protection

Ensures project completion and payment to subs

Contractor Credibility

Demonstrates financial stability and competence

Risk Management

Transfers performance risk to surety company

Industry Standard

Required for most public and many private projects

Government Resources for Contract Bonds
Official sources for federal and state contract bonding requirements
U.S. Treasury - Surety Bond Program

Treasury-certified surety companies for federal projects

General Services Administration

Federal contracting and bonding requirements

FAR Part 28 - Bonds and Insurance

Federal Acquisition Regulation bonding rules

Frequently Asked Questions About Contract Bonds

Common questions about performance, payment, and bid bonds

What are contract bonds and why are they required?

Contract bonds guarantee contractors will fulfill contractual obligations including project completion, payment to subcontractors, and meeting contract requirements. Required by the Miller Act for federal projects over $100,000 and by state Little Miller Acts for public projects, these bonds protect project owners and ensure financial recourse if contractors default.

How do Miller Act bonds work for federal projects?

The Miller Act requires performance bonds and payment bonds for federal construction projects over $100,000. Performance bonds guarantee project completion per contract terms, while payment bonds ensure subcontractors and suppliers get paid. Both bonds equal 100% of contract value and must be from Treasury-certified surety companies.

What is the difference between performance and payment bonds?

Performance bonds guarantee contractors complete projects according to contract terms and protect owners from contractor default. Payment bonds ensure subcontractors and suppliers receive payment and protect them from contractor non-payment. Most public projects require both bonds together, each typically equaling 50-100% of contract value.

How much do contract bonds cost?

Contract bond premiums typically range from 0.5% to 3% of the bond amount annually. For example, a $1 million project requiring $1 million in bonds costs $5,000-$30,000 per year. Rates depend on contractor financial strength, experience, project type, and surety company underwriting assessment.

What are Little Miller Acts and state requirements?

Little Miller Acts are state laws requiring performance and payment bonds for state public works projects, modeled after the federal Miller Act. Requirements vary by state: California requires bonds for projects over $25,000, Texas over $100,000, and Florida over $200,000. Each state sets its own thresholds and bonding requirements for public construction.

Written by BuySuretyBonds.com
Licensed surety bond agency operating nationwide with direct integrations to Treasury-certified surety carriers. Our platform enables instant approval for license and notary bonds, with 24-48 hour underwriting for commercial bonds. All content is researched from official state and federal sources (.gov) and reviewed by licensed insurance professionals.

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