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A surety bond is a promise to be liable for the debt, default, or failure of another. It is a three-party contract by which one party (the surety) guarantees the performance or obligations of a second party (the principal) to a third party (the obligee).
Surety bonds also come with the following cons for contractors: A bonded contractor must pay for the bond and will also be responsible for paying valid bond claims. A lapse in a bond can result in a license suspension or the invalidation of a contract. Required renewals can add ongoing expenses.
One key difference between performance bonds and surety bonds is the scope of their coverage. Performance bonds only cover a specific project, while surety bonds can cover multiple projects or ongoing business activities. Another difference is the party responsible for paying the bond premium.
Advance Payment Bond v's Performance Bond An APB will protect the Employer against goods or services yet to be supplied while a PB will provide compensation in the event of the Contractors failure to perform and complete his obligations under the Contract.
Distinction in Practice If accessoriness is evident, it is a surety bond. In the absence of accessoriness, a guarantee has been agreed. In contrast to a surety, the guarantor may not raise any objections or defenses based on another debt obligation.
Performance bonds are a subset of contract bonds and guarantee that a contractor will fulfill the terms of the contract. If they fail to do so, the Surety company is responsible for completing the contract obligations, either by securing a new contractor to complete the job or by financial compensation.
A performance bond issued by a financial institution guarantees the fulfillment of a contract. If the U.S. exporter fails to "perform" as agreed, the buyer is compensated. A bid bond - often required in a bid selection process - guarantees the foreign buyer that the U.S. exporter will execute the contract if selected.
Performance bonds are a subset of contract bonds and guarantee that a contractor will fulfill the terms of the contract. If they fail to do so, the Surety company is responsible for completing the contract obligations, either by securing a new contractor to complete the job or by financial compensation.