What a performance & payment bond is
Performance and payment bonds usually come as a pair once you win a job. Public owners require them on most public works over a set contract value, and many private owners and lenders ask for them too.
Performance bond
Guarantees you'll finish the work the way the contract says. If you default, the surety arranges for the work to be finished or pays the owner, up to the bond amount.
Payment bond
Guarantees your subcontractors, workers and suppliers get paid. On public jobs they can't put a lien on public property, so the payment bond is how they get paid if you don't pay them.
In Minnesota
Minnesota's public contractors' bond law requires a performance bond and a payment bond on public works contracts, each with a penalty of not less than the contract price.
- The statute lists some exemptions, such as certain snow removal and routine town road maintenance contracts.
You need this bond if you're
- A general contractor awarded a public works contract
- A subcontractor whose subcontract requires bonding
- A contractor on a private job where the owner or lender requires bonds
- A design-builder or developer delivering public improvements
What the surety looks at
Your business, credit, experience and the contract itself. Larger contracts usually need financial statements, a work-in-progress schedule and bank references.