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First, write the name of the obligor or project owner on line preceded by "are held and firmly bonded to." Then write down how much money is at issue in this bond. Once that's done sign your signature where requested with a notary public present who will then make sure it was signed legally.
If the surety does not voluntarily pay the claim, a lawsuit must be filed against the payment bond surety as follows: (a) if the public entity files a notice of completion or cessation notice, thirty (30) days six plus (6) months after the notice is filed or (b) if neither a notice of completion or cessation is filed, ...
When a performance bond is called and the claim has been deemed valid, a surety company will sometimes find a new contractor to complete the project. When this happens, a new contract is drafted with different terms and prices.
In a performance bond, the surety guarantees that the project will be complete even if the principal violates the bond or cannot complete the bond. If a principal is unable to complete the project, the surety steps in to find another contractor to complete the project.
If the contractor fails to perform, the owner can file a claim against the performance bond. If there is a valid claim, the bond surety steps in and takes corrective action. If a claim is filed by the project owner, the surety will conduct an investigation.