Surety bonds commonly provide financial protection for project owners and contractors in the construction industry. There are several types of surety bonds available, including performance bonds and labour and material payment bonds. While these bonds may seem similar at first glance, there are some key differences that contractors and project owners should be aware of.
What are Performance Bonds?
Performance bonds ensure that a contractor completes a construction project as per the contract’s terms. If the contractor fails to finish the project or breaches the contract, the project owner can claim against the bond. The surety company will investigate the claim. If valid, the surety either pays for project completion or hires another contractor to finish it.
What are Labour and Material Payment Bonds?
Labour and material payment bonds, or payment bonds, guarantee that a contractor will pay their subcontractors, suppliers, and laborers for work and materials on a construction project. If the contractor doesn’t pay, these parties can claim against the bond. The surety company will investigate such claims. If they find the claims valid, the surety will directly pay the claimants.
Key Differences between Performance Bonds and Labour and Material Payment Bonds
Purpose
A performance bond ensures completion of a construction project as per contract terms. A labour and material payment bond ensures payment to subcontractors, suppliers, and laborers for their work and materials.
Claims
In the case of a performance bond, the project owner can make a claim against the bond if the contractor fails to complete the project or breaches the contract in some other way. In the case of a labour and material payment bond, subcontractors, suppliers, and labourers can make a claim against the bond if the contractor fails to pay them for their work and materials.
Coverage
A performance bond typically covers the full amount of the contract, while a labour and material payment bond typically covers the amount of the contract that relates to labour and materials.
Cost
The cost of a performance bond is typically based on the size of the project, as well as the contractor’s financial history. The cost of this bond is typically a percentage of the contract price.
Which Bond Do You Need?
In construction, your role directly influences your bonding needs. Firstly, contractors typically require a performance bond after winning a bid. This bond assures the owner of contract-compliant project completion. Furthermore, subcontractors, suppliers, and laborers must ensure the contractor has a labour and material payment bond. This crucial step safeguards payment for their efforts and supplies. Therefore, grasping these bonds’ nuances is key to financial security in construction projects.
To conclude, performance bonds and labour and material payment bonds are vital in construction, offering financial protection for all parties involved. While often used together, these bonds differ in purpose and claims processes. Understanding these differences empowers contractors and project owners to choose the appropriate surety bond for their specific needs.
Dustin SanVido, Surety Bond Expert
As a dedicated #SuretyBroker, Dustin understands the unique challenges you face in the construction industry. Dustin offers guidance through the complexities of bonding requirements, whether you are new or experienced. He’ll help you secure contracts and grow your business.
Dustin covers everything from bid bonds to performance bonds. His dedication to client satisfaction and extensive industry knowledge distinguishes him, ensuring a smooth and stress-free surety journey for you. Dustin SanVido works with clients across Canada and internationally to facilitate contract surety and bonding needs for individuals and contractors in the private sector. Dustin leverages a network of strong market partnerships to secure the best and most affordable bonds for clients, even those with non-traditional needs. His expertise in the surety world is unmatched, and his knowledge of surety bond products is unparalleled. For any surety bond needs, Dustin should be your first contact.
Dustin SanVido holds a Registered Insurance Broker of Ontario (RIBO). He also holds a Canadian Accredited Insurance Broker (CAIB) license and designation, and Associateship in Canadian Surety Bonding (ACSB) professional designation through the Surety Association of Canada (SAC).
Read Dustin’s Expert Blog article on Contract Surety by clicking on the link below. Learn more at Bond Surety
