Insurance & LiensQuestion 1501 of 1632

A performance bond on a construction project primarily guarantees to the obligee that:

a.Subcontractors and suppliers will all be paid
b.The owner's construction financing is approved
c.The contractor carries workers' compensation
d.The contractor will complete the work as agreed

Explanation

A performance bond runs to the obligee — usually the owner or the public entity — and guarantees performance of the contract; if the contractor defaults, the surety may complete the work itself, tender a replacement contractor, or pay damages up to the penal sum of the bond. (a) is the payment bond's job, and the two are usually bought together: on private work Civil Code §8608 fixes who may claim on it, and on public work §9550(a) requires one on any contract over $25,000. (b) is the lender's decision, which no surety guarantees. (c) is a separate statutory duty under B&P §7125 and Labor Code §3700.

Law Reference: Civ. Code §8608 / §9550(a)

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