Learn How A Performance Payment Bond Works

By Essie Craft


When undertaking a major construction project, it is imperative that you have a performance payment bond. This will help to safeguard your own interests as well as that of suppliers, workers and subcontractors among other parties. A bond is basically a contract between the issuer, normally an insurance company, and a contractor outlining the kind of compensation the client will get if the contractor fails to finish the construction works.

A performance bond ensures that the contractor completes the project as required. Payment bonds ensure that the contractor pays suppliers, workers, subcontractors and other parties that are involved in the construction project. The two instruments are referred to as construction bonds when put together. In real sense, these bonds are aimed at protecting the project owner from the incompetence of a contractor.

While they may have been created to protect the federal government from incurring losses when contractors fail to complete construction works on time, these bonds are nowadays very common in the private sector. Individuals who wish to construct new homes can use these bonds to protect themselves from losses that they may incur if the contractor fails to complete the project. Generally, these bonds may be utilized in any construction projection that is worth more than 25,000 dollars.

When a bonded contractor wins a contract to construct a building or any other type of structure, the next step is to get a suitable bond from a reputable insurance firm. It is important to note that it is actually the client who pays for these bonds, and not the contractor. This legal instrument is meant to prevent the client from incurring financial losses in the event of non-completion of the project.

There are generally three things that may force the project owner to file a claim for compensation. The first is non-completion of the project. The second is poor payment of suppliers, workers and other parties, and lastly, if the quality of work is poor.

A construction bond gives the owner of the project several options when the contractor fails to complete the construction works. First and foremost, the owner can choose to hire a new contractor to finish the works. Secondly, the owner may choose to finish the project in person at the cost of the insurer. Lastly, the owner can hire a completions contractor to finalize the project.

Before you hire a construction firm, you need to ensure that it is registered and licensed. You also need to ensure that it is insured and bonded. Companies that meet these specifications are often more reliable, and offer services of the highest quality. It is also important that you check the rating of a company with the Better Business Bureau.

If you need a performance payment bond, it is important that you hire a suitable attorney to draft the contract that outlines all the terms and conditions. They can also help you sue the construction company if they fail to honor their duties. It is important to note that the amount of money that the project owner can recover in court may be reduced if the bond has already rendered some assistance. Other remedies like an injunction, or an order to make the requirement payments or complete the works may be issued by the court.




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