Payment Bonds: Get the Bond Your Construction Contract Requires

Contract Requires a Payment Bond? Send Us the Contract.

If a project owner requires a payment bond, send us the contract or notice of award and the bond form. We’ll check the amount and form and tell you what the surety needs for a quote.

It exists because workers and suppliers on public projects generally cannot place a lien on public property the way they can on many private projects. The bond gives them a way to be paid.
The surety can seek reimbursement from the contractor under the indemnity agreement.

What Is a Payment Bond?

A payment bond is a surety bond that guarantees the contractor will pay covered subcontractors, laborers, and suppliers on a bonded construction project. If the contractor does not pay and a claimant has a valid claim under the bond, the surety can pay up to the bond amount.

Who Requires a Payment Bond?

Federal construction contracts exceeding $150,000 require payment and performance bonds under the Miller Act, with limited waivers, according to Federal Acquisition Regulation 28.102-1. States and many local governments have their own rules for public work.

Private owners, lenders, and general contractors can require payment bonds too. The contract and bid documents tell you what is needed.

Who Can Make a Claim on a Payment Bond?

The people the bond covers, usually subcontractors, laborers, and suppliers who were not paid, can make a claim. Who is covered and how many tiers down depends on the law and the bond form.

Claim rights come with strict notice and timing rules. A claimant should check the law and bond form right away.

Payment Bond or Performance Bond?

A payment bond is about paying covered parties. A performance bond is about completing the contract. Many contracts require both.

See Performance Bonds for the performance side.

How Much Does A Payment Bond Cost?

Payment bonds are generally priced with a rate applied to the contract amount, and they are often issued together with a performance bond. The rate depends on the contractor, the project, and the surety.

We cannot quote a rate until we see the contract and your information.

Will a Payment Bond Require a Credit Check?

Usually. Credit is one part of underwriting. Larger bonds also look at company financials, work in progress, and experience.

If credit or financials are not perfect, tell us up front. The options depend on the bond size and the surety markets available.

Contract or notice of award
Bond form from the owner
Project name, owner, and location
Contract amount and bond amount
Start and completion dates
Company financial information, for larger bonds

What Should I Send for a Payment Bond Quote?

Send us what you have. The most useful items are:

How Long Does It Take to Get A Payment Bond?

It depends. A smaller bond with a complete file can move more quickly. A new account, a larger job, an unusual form, or a request that needs financial statements can take longer.

Send the contract as soon as you have it.

Others

Related Bonds

If this is not the bond you were asked for, these pages may help.

Does the Payment Bond Requirement Change by State?

Yes for public work. States and local governments set their own thresholds, forms, and claim rules, and federal work follows federal rules. Do not assume one bond form fits every project.

Check the contract and bond form for each project.
Common questions

Payment Bonds, FAQs

Payment of covered subcontractors, laborers, and suppliers on the bonded project, as the bond and the law provide.
No. A payment bond guarantees payment of covered parties. A performance bond guarantees completion of the contract.
Only if the owner, lender, or contract requires one.
No. It protects the claimants as the bond provides. If the surety pays a valid claim, it can seek reimbursement from you.
Often yes on public work, but the process depends on the law and the project. Claimants should check the rules for the project.
Possibly. It depends on the whole picture. Tell us up front and send the requirement.
Need a Payment Bond

Send Us What You Have.

Send us the contract, notice of award, or bond form. We’ll tell you what the surety needs next.

The Bond Agent | 3655A Old Court Rd, Suite 13 | Baltimore, MD 21208

A quote is not a bond. Your bond is not in force until it is issued, and the agency or court may have its own filing rules.
The Bond Agent is operated by Joshua Feintuch, a licensed Maryland insurance producer. Last reviewed October 5, 2026.
Source: Federal Acquisition Regulation 28.102-1 (acquisition.gov), reviewed October 5, 2026. Verify the current federal threshold and any state requirement before you rely on a number.