Washington, DC Performance BondD.C. Code § 2-357.02
Bond threshold: $100,000.
Washington, DC's $100,000 trigger is lower than the federal Miller Act's $150,000; state and local jobs are bonded at a smaller size than federal ones.
- Who requires it: Washington, DC public owners awarding covered public works contracts (D.C. Code § 2-357.02).
- Amount: Performance bond: 100% of contract price (excluding operation, maintenance and finance costs). Payment bond: 100% of contract price (excluding operation, maintenance and finance costs).
- Typical cost (estimate): about $1,000-$2,000 on a $100,000 contract with excellent credit, up to $5,000-$10,000 below 620. The surety sets the final price.
- Timing: We submit complete applications to the carrier promptly; most quotes within one business day.
Washington, DC public works bonding at a glance
- Bond threshold
- $100,000
- Controlling statute
- D.C. Code § 2-357.02
- Performance bond amount
- 100% of contract price (excluding operation, maintenance and finance costs)
- Payment bond amount
- 100% of contract price (excluding operation, maintenance and finance costs)
- Claim notice (sub-tier claimants)
- A claimant with a direct contract with a subcontractor but no contract, express or implied, with the prime must give written notice to the prime contractor within 90 days after the date it last performed labor or furnished material. The notice must state the amount claimed and the name of the party supplied or worked for. It must be personally served, or served by another receipted transmittal that confirms actual delivery to the contractor. No preliminary notice is required.
- Deadline to sue on the payment bond
- Suit must be filed no later than 1 year after the day the last labor was performed or material supplied, and must be brought within the District. The claimant cannot sue until 90 days after its last labor or material without full payment.
- Federal jobs in Washington, DC
- Miller Act (40 U.S.C. § 3131): bonds on federal contracts over $150,000
Source: D.C. Code § 2-357.02 and the sources cited below.
For license bonds and every other bond a contractor may need, start with our hub: All contractor bond types.
Getting paid: Washington, DC payment bond claims
On Washington, DC public work, D.C. Code § 2-357.02 makes the payment bond, not a lien on public property, the security for unpaid labor and materials.
Notice
A claimant with a direct contract with a subcontractor but no contract, express or implied, with the prime must give written notice to the prime contractor within 90 days after the date it last performed labor or furnished material. The notice must state the amount claimed and the name of the party supplied or worked for. It must be personally served, or served by another receipted transmittal that confirms actual delivery to the contractor. No preliminary notice is required.
Lawsuit deadline
Suit must be filed no later than 1 year after the day the last labor was performed or material supplied, and must be brought within the District. The claimant cannot sue until 90 days after its last labor or material without full payment.
Sources: source 1, source 2. General information, not legal advice.
What a Washington, DC performance bond costs
Premium on a $100,000 Washington, DC contract (the trigger size):
Washington, DC performance bond cost by credit profile
Based on a $100,000 Contract bond amount
- Excellent (750+)Rate: 1-2%$1,000-$2,000
- Good (680-749)Rate: 2-3%$2,000-$3,000
- Fair (620-679)Rate: 3-5%$3,000-$5,000
- Below 620Rate: 5-10%$5,000-$10,000
Illustrative ranges; the carrier sets final pricing.
How to get bonded for public work in Washington, DC
Bid bond at bidding, performance and payment bonds at award: required on contracts over $100,000 under D.C. Code § 2-357.02.
Washington, DC performance bond questions
Does Washington, DC require a performance bond on public projects?
Yes, on covered public works contracts (D.C. Code § 2-357.02). The trigger: $100,000. Owners, lenders and bid documents can also require one by contract.
What is the Washington, DC Little Miller Act threshold?
$100,000.
How much does a performance bond cost in Washington, DC?
On a $100,000 Washington, DC contract, typical ranges run about $1,000-$2,000 for excellent credit up to $5,000-$10,000 below 620. The issuing carrier sets the final price.
What is the deadline to sue on a Washington, DC payment bond?
Suit must be filed no later than 1 year after the day the last labor was performed or material supplied, and must be brought within the District. The claimant cannot sue until 90 days after its last labor or material without full payment. See D.C. Code § 2-357.02. Confirm the deadline against the statute and your contract before relying on it.
Do subcontractors have to give notice before a Washington, DC payment bond claim?
A claimant with a direct contract with a subcontractor but no contract, express or implied, with the prime must give written notice to the prime contractor within 90 days after the date it last performed labor or furnished material. The notice must state the amount claimed and the name of the party supplied or worked for. It must be personally served, or served by another receipted transmittal that confirms actual delivery to the contractor. No preliminary notice is required. See D.C. Code § 2-357.02.
Who needs a Washington, DC performance bond?
Contractors on public works projects in Washington, DC above the statutory threshold. It is required by Washington, DC public owners awarding covered public works contracts (D.C. Code § 2-357.02). The bond amount is performance bond: 100% of contract price (excluding operation, maintenance and finance costs); payment bond: 100% of contract price (excluding operation, maintenance and finance costs).
How do I get a Washington, DC performance bond?
Use the form on this page with the contract amount and the public owner.
What happens after I apply for a performance bond in Washington, DC?
The carrier decides approval and the final premium; you pay only when the bonds are issued.
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Other Washington DC Bonds
Additional surety bonds available in Washington DC
Nearby States
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Get a Washington, DC performance bond quotePerformance bonds in other states
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