Payment Bonds: Cost & Requirements

A payment bond is a contract surety bond that protects eligible subcontractors, laborers, and material suppliers if they are not paid for covered work on a bonded project. Protection depends on the bond terms and applicable law; it does not guarantee payment of every invoice or business debt.

Need a payment bond for a construction contract? Have your contract amount, project details, required bond form, and delivery deadline ready. Explore your options with Propeller or get help finding the bond your project requires.

What is a payment bond?

A payment bond backs a contractor’s obligation to pay eligible parties for labor and materials used on a specific project. It is also called a labor and material payment bond. Payment bonds are often required alongside performance bonds.

  • Principal: The contractor purchasing the bond.
  • Obligee: The project owner or other party requiring the bond.
  • Surety: The company issuing the bond.

Eligible unpaid subcontractors and suppliers may have rights to claim under the bond, even though the owner is the named obligee. Eligibility depends on the claimant’s relationship to the project and the governing bond and law.

Who needs a payment bond?

Contractors need a payment bond when a project’s contract, solicitation, or applicable law requires it. A general contractor may furnish one to an owner; a subcontractor may be required to furnish one to a general contractor.

  • Federal construction: FAR 28.102-1 generally requires performance and payment bonds for contracts exceeding $150,000, with authorized exceptions.
  • Smaller federal contracts: For contracts over $35,000 and up to $150,000, the rule provides alternative payment protections. A payment bond is one option, not the only option.
  • State, local, and private projects: Requirements depend on the jurisdiction and contract. Do not apply a federal threshold to every project.

Confirm the required form, amount, acceptable surety, and deadline with the party requiring your bond. Review FAR 28.102-1 and the actual solicitation for federal requirements.

How much does a payment bond cost?

The premium is the price you pay for the bond. It is different from the bond amount, which states the financial guarantee. Your quote depends on the project, required amount, bond wording, and the surety’s review of your business and finances.

There is no single rate for every contractor. Ask whether your quote includes both performance and payment bonds, which charges apply, and how contract changes may affect the price. A requirement for a $500,000 bond does not mean you pay $500,000 to buy it.

To obtain a meaningful quote, provide the contract amount, scope, schedule, and required forms. Approval and final terms depend on underwriting.

How much payment bond coverage is required?

The contract and applicable law determine the required bond amount. For covered federal construction contracts exceeding $150,000, FAR 28.102-2 generally calls for 100% of the original contract price and additional protection for increases, subject to a documented exception. The payment bond amount cannot be less than the performance bond amount under that rule.

Other projects may have different requirements. Check the actual contract rather than choosing an amount based only on the premium. Tell Propeller about change orders or extensions so the surety can review any needed adjustment. See FAR 28.102-2.

Payment bond vs. performance bond vs. bid bond

Three common construction bonds
Bond What it backs Typical stage
Payment Payment for eligible labor and materials on the bonded project. Contract award
Performance The contractor’s covered obligations to perform the contract. Contract award
Bid The bidder’s commitment to enter the contract and provide required final bonds if awarded. Bid submission

A payment bond does not replace a performance bond. If your contract requires both, confirm that both are included in your submission. Learn more about performance bonds and contract bonds.

How does a payment bond claim work?

An eligible unpaid party may submit a claim for covered labor or materials. The surety reviews the claim, supporting records, bond conditions, and applicable law before determining its obligations. An unpaid invoice alone does not establish that the entire invoice is payable under the bond.

Notice requirements, claimant eligibility, and filing deadlines vary. Obtain the bond, keep contracts and payment records, and promptly check the rules that apply to the project. For federal projects, 40 U.S.C. § 3133 addresses rights of persons furnishing labor or materials. Seek qualified legal guidance for a specific claim or deadline.

The contractor remains responsible for paying its bills. If the surety pays a covered claim or incurs expenses, the contractor and other indemnitors may have to reimburse it under their indemnity agreement.

How do I get a payment bond?

  1. Gather the requirements. Get the contract or bid documents, bond form, required amount, and deadline.
  2. Start your request. Search Propeller’s bond library for payment or performance and payment bonds. Call (815) 595-2088 if you need help finding the right option.
  3. Complete the review. Provide the business, financial, and project information requested by the surety.
  4. Review and obtain your bond. If approved, review the quote, indemnity terms, and bond details; complete required signatures and payment, then deliver the bond as instructed.

 

What do I need to apply?

  • Legal business name, ownership, address, and contact information.
  • Project owner, location, scope, contract amount, and schedule.
  • Required bond form, amount, and delivery deadline.
  • Relevant project experience and current workload.
  • Financial statements and credit information requested during underwriting.

Documentation and approval time vary by project and surety. Share your deadline early and respond promptly to requests for missing information.

Payment bond FAQs

Who buys a payment bond?

The contractor required to furnish the bond generally buys it. Subcontractors and suppliers seeking payment on an already bonded project generally look to that project’s existing bond; buying a new bond is not a remedy for an unpaid invoice.

Does a payment bond protect the contractor from every loss?

No. It supports covered payment obligations to eligible claimants. It does not remove the contractor’s debts or replace general liability insurance, and reimbursement obligations may apply.

Can a small or new contractor qualify?

Potentially. The surety evaluates the contractor and project. The SBA Surety Bond Guarantee program may help eligible small businesses obtain bonds through participating sureties; qualification and approval are still required.

Are payment bonds issued instantly?

Do not assume instant approval for every project. Timing depends on the bond requirements, underwriting, and completeness of your application. Ask about the expected process for your specific contract.

Can I use the same payment bond for every project?

Payment bonds typically identify a specific contract. A bond for one project should not be assumed to satisfy another project’s requirements. Provide the new contract and bond form for review.

Ready to get your payment bond?

Have your project amount, bond form, and deadline ready. Find your bond online or call (815) 595-2088 for help with your next step.

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