Who Submits The Performance Bond?

performance bond - who submits the performance bond - a man holding a yellow safety helmet

Who submits the performance bond?

In general, this depends on which party is selected to submit the performance bond. In a firm offer or bid where payment of the performance bond may be tendered by either party, the contractor should have authority from the owner that it will accept its offeror’s tender of a Performance Bond and Entrustment Agreement signed by an authorized officer in lieu of one signed by both contracting parties. 

If it is decided that the Performance Bond should be submitted by the contractor, this would make it necessary for the owner to execute a “Performance Bond and Entrustment Agreement” on behalf of its offeror. This agreement may or may not require co-signature by an authorized officer of the owner. 

The bid document should include language requiring that upon bid opening if no qualified surety company appears on its bidder’s list, each participating bidder shall submit either a performance bond with their bidder’s proposal or an irrevocable letter of acceptance to PWB as security for its bid.

Who is responsible for the performance bond?

The performance bond is usually submitted by the contractor, however, if the owner decides that the performance bond should be tendered by its offeror then it would need to execute a “Performance Bond and Entrustment Agreement” on behalf of its offeror. This agreement may or may not require co-signature by an authorized officer of the owner. 

If no qualified surety company appears on the bidder’s list (Surety Information Form) at the bid opening date, each participating bidder shall submit either a performance bond with their bidder’s proposal or an irrevocable letter of credit acceptable to PWB as security for its bid

What are some considerations in submitting a Performance Bond?

As previously stated, if payment of the performance bond may be tendered by either party, the contractor should have authority from the owner that it will accept its offeror’s tender of a Performance Bond and Entrustment Agreement signed by an authorized officer in lieu of one signed by both contracting parties. 

If the performance bond is submitted by the contractor, then this would make it necessary for the owner to execute a “Performance Bond and Entrustment Agreement” on behalf of their offeror. This agreement may or may not require co-signature by an authorized officer of the owner. 

The most important consideration is usually who has possession and control over such an account once established, as well as which party assumes responsibility for payment of premiums and monitoring compliance withdraw instructions issued under such an account. 

How long is a performance bond in effect?

Performance bonds are generally issued for one-year renewable annually at the discretion of the owner. However, some may be issued for three years under certain circumstances. For example, if an individual contractor’s reputation has not yet been established or where there is inadequate financial data on which to base a decision concerning financial responsibility.

How do you issue a performance bond?

Performance bonds are issued through surety companies. A performance bond is a financial guarantee that the contractor will complete and perform according to the terms and conditions of the contract documents, and will additionally indemnify the owner against any direct or indirect loss by reason of defects in materials or workmanship. This implies that if there is either a non-performance of contractual obligations causing damages to the owner, as well as payment for labor (overtime) resulting from such default.

Where do I determine the amount of Performance Bond?

The number of performance bonds will vary with each project depending on factors such as type of work, size of the job, etc. Usually, most performance bonds are issued for 100% ± 5% of the contract sum. 

There is no clear cut answer to this question, however, you need to have authority from your client to issue one in the name of their offeror/supplier instead, which may require the owner to execute a “Performance Bond and Entrustment Agreement” that may or may not require co-signature by an authorized officer of the owner.

What is the current performance bond rate?

The current performance bond premium rates are determined on an individual project basis which means it varies with each contractor. However, the better practice to refer to would be average rates prevailing in your own region/state, which can be located through internet search engines. 

What does an Owner’s Performance Bond provide?

An Owner’s Performance Bond is different from a contractor/supplier performance bond, in that its primary purpose is not to protect against non-performance by the contractor (as in supplier bonds) but rather to compensate the owner in case of its own default resulting from direct or indirect loss(es) caused by defective materials or workmanship supplied by the contractor or subcontractors. This implies that if there is either a non-performance of contractual obligations causing damages to the owner, as well as payment for labor (overtime) resulting from such default.

An Owner’s Performance Bond is a financial guarantee that the contractor will complete and perform according to the terms and conditions of the contract documents. In addition, it indemnifies the owner against any direct or indirect loss by reason of defects in materials or workmanship supplied by the contractor or subcontractors. 

The bond typically provides protection up to 100% ± 5% of the contract sum. It is not always standard practice for Owner performance bonds to be issued on contracts with stated values under $50,000 however this normally depends on local market practices etc. Typically an Owner’s Performance Bond covers all types of work including those requiring scheduled inspections from third-party inspectors which may not be covered by the Contractors Performance Bond.

Visit Alpha Surety Bonds to find out more!

x  Powerful Protection for WordPress, from Shield Security
This Site Is Protected By
ShieldPRO