Public WorksQuestion 1599 of 1632100% of test-takers answer this correctly

The performance bond on a public works project protects the:

a.The subcontractors and suppliers who are not paid
b.The contractor, against its own defective workmanship
c.The contractor's profit if the public agency delays
d.The public agency, by guaranteeing completion

Explanation

The performance bond names the public agency as obligee and guarantees that the work will be completed according to the contract; if the contractor defaults, the surety arranges completion or pays damages up to the penal sum. Unpaid subs and suppliers look instead to the payment bond required by Civil Code §9550 and to a stop payment notice. A surety bond is not insurance for the principal: it never indemnifies the contractor against its own defective work, and the surety may seek reimbursement from the contractor after paying. Delay damages against the agency are a contract claim, not a bond promise.

Law Reference: Public Contract Code §20170; Civil Code §9550

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