Insurance glossary · Bonds
performance and payment bond.
A performance bond guarantees you’ll finish the job; a payment bond guarantees your subs and suppliers get paid. Public and larger private projects often require both.
What does a performance bond guarantee?
That you’ll finish the job under the contract’s terms. If you default, the surety steps in to arrange completion, pay another contractor to finish, or pay the owner up to the bond amount, and then looks to you to repay it.
What does a payment bond guarantee?
That your subcontractors and suppliers get paid. On public jobs they usually can’t put a lien on government property, so the payment bond is how they’re protected if the contractor above them doesn’t pay.
When are performance and payment bonds required?
On public construction above set dollar amounts, under the federal Miller Act for federal work and each state’s own law for state and local work. Private owners, lenders and general contractors also ask for them by contract on larger jobs.
How much does a performance and payment bond cost?
Bonds are priced as a percentage of the contract amount, usually on a sliding scale that gets lower as the contract gets bigger, and the rate depends on the surety’s view of your finances and track record. Performance and payment bonds on the same job are typically priced together.
Is a bond the same as insurance?
No. Insurance protects you; a bond protects the owner or the people you owe, and the surety expects you to repay anything it pays out. Most contractors sign an indemnity agreement, often personally, as part of getting bonded.
Who can make a claim on a payment bond?
Usually subcontractors and suppliers who worked on the project, and often their subcontractors and suppliers one tier down. Claimants without a direct contract with the bonded contractor typically have to send written notices within set deadlines and sue within a set time, which vary by law.
What happens if there’s a claim on my bond?
The surety investigates and asks for your response. If the claim is valid and you don’t resolve it, the surety pays and then seeks repayment from you and anyone who signed the indemnity agreement. Claims also affect your future bonding capacity.
Do subcontractors need performance and payment bonds?
Sometimes. General contractors on larger or riskier jobs may require bonds from major subs, and some states require them on public projects above a size. More often, subs encounter payment bonds as claimants.
Do performance and payment bonds work differently by state?
Yes. Each state’s public works bond law sets its own contract threshold, bond amount and claim deadlines, and some treat state and local projects differently. Nevada, for example, sets a lower minimum bond amount than most states. The notes below cover Riza’s licensed states in detail and every other state in a line.
in the states where Riza is licensed.
Riza is a licensed insurance agency in New York, Colorado, Texas, Florida, Massachusetts, Arizona, Nevada, North Carolina, New Jersey and Georgia. Notes below cite the law they come from. Detailed write-ups cover Arizona, Nevada, Texas, North Carolina and New York. One-line notes for other licensed states appear with them when this term has one.
- ArizonaArizona cities, counties and towns must get a performance bond and a payment bond, each for the full contract amount, before signing a public works contract, with no dollar floor in the statute. State agencies require both bonds on construction awards over $100,000. Payment bond claimants without a direct contract need a preliminary 20-day notice and a 90-day notice, then must sue within one year.A.R.S. § 34-222 · A.R.S. § 34-223 · A.R.S. § 41-2574contractors in Arizona →
- NevadaNevada requires a performance bond and a payment bond on state and local public works contracts over $100,000. Unlike most states, the minimum is 50% of the contract amount for each bond, and the public owner can require more. Lower-tier claimants have to send a notice within 30 days of starting work and a claim notice within 90 days of finishing, then sue within one year.NRS ch. 339 (339.025, 339.035, 339.055)contractors in Nevada →
- TexasTexas requires a performance bond on public work contracts over $100,000 and a payment bond on contracts over $25,000, or over $50,000 for cities, each equal to the contract amount. Claimants have to mail notice by the 15th day of the third month after each month of unpaid work, and suit is due within one year after the notice.Tex. Gov’t Code ch. 2253contractors in Texas →
- North CarolinaNorth Carolina requires 100% performance and payment bonds from each contractor with a contract over $50,000 on a public project whose total construction exceeds $300,000 for local governments, or $500,000 for state agencies and the university system. Second-tier claimants must give notice within 120 days of their last work.N.C.G.S. § 44A-26 · N.C.G.S. § 44A-27 · N.C.G.S. § 44A-28contractors in North Carolina →
- New YorkNew York’s public works bond law requires a payment bond on public improvement contracts, which can be waived on smaller contracts in exchange for added retainage. It doesn’t require a performance bond, though public owners usually require one in their contracts. Lower-tier claimants must give notice within 120 days of their last work and sue within one year after the project is completed and accepted.N.Y. State Fin. Law § 137contractors in New York →
- ColoradoColorado requires one combined performance and payment bond of at least 50% of the contract on local public works over $50,000 and on state contracts over $150,000.[secondary] C.R.S. 38-26-106 (Colorado Public Law) · [secondary] C.R.S. 38-26-107 (Colorado Public Law)
- FloridaFlorida requires performance and payment bonds equal to the contract price on public works, though state contracts of $100,000 or less are exempt and local governments may exempt contracts of $200,000 or less.Fla. Stat. § 255.05 (Florida Legislature)
- GeorgiaGeorgia requires performance and payment bonds of at least 100% on public works, and a 2025 law reportedly raised the trigger from $100,000 to $250,000, though sources disagree on whether that reaches state contracts.[secondary] Levelset: Georgia new payment bond threshold (HB 137) · [secondary] Cobb Law Group: Understanding Georgia HB 137 · [secondary] Levelset: Georgia bond claim FAQs, with statute text
- MassachusettsMassachusetts requires a payment bond of at least half the contract price on public works over $25,000, and building contracts over $150,000 require performance and payment bonds for the full price.M.G.L. c. 149 § 29 (Massachusetts Legislature) · M.G.L. c. 149 § 44E (Massachusetts Legislature) · M.G.L. c. 149 § 44A (Massachusetts Legislature)
- New JerseyNew Jersey requires performance and payment bonds on all public works, set by the agency at up to 100%, though the state may waive them up to $200,000 and local units up to $100,000.[secondary] N.J.S.A. 2A:44-143 (FindLaw)
every other state.
How it works everywhere else, with the rule each line comes from. Riza is not licensed in these states.
- AlabamaAlabama requires a performance bond for the full contract price and a payment bond of at least 50% on public works of $100,000 or more, a threshold raised in 2023.[secondary] Ala. Code § 39-1-1 (FindLaw) · [secondary] Bradley: Summary of 2023 amendments to Alabama public works statutes
- AlaskaAlaska requires performance and payment bonds on public contracts over $100,000, each set at 50% of the contract up to $1 million, 40% up to $5 million and a flat $2.5 million above that.Alaska Stat. 36.25.010-.025 (Alaska Legislature)
- ArkansasArkansas requires a payment bond for 100% of the contract on public construction contracts over $50,000; a matching performance bond is commonly reported but wasn’t confirmed in the statute text.Act 986 of 2021 (HB 1855) amending Ark. Code 18-44-501 et seq. (Arkansas Legislature) · [secondary] Ark. Code § 22-9-203 (Justia 2024)
- CaliforniaCalifornia requires a payment bond of at least 100% of the contract on public works over $25,000, while performance bonds are required on state contracts and otherwise set by each local agency.Cal. Civ. Code § 9550 (CA Legislative Info) · Cal. Civ. Code § 9554 (CA Legislative Info) · Cal. Pub. Cont. Code § 10221 (CA Legislative Info)
- ConnecticutConnecticut requires a payment bond for the full contract amount on state and municipal public works over $100,000, while performance bonds are left to the awarding agency.Conn. Gen. Stat. ch. 847, §§ 49-41, 49-42 (CT General Assembly)
- DelawareDelaware requires one bond for 100% of the contract, covering both performance and payment, on state public works above a dollar line set by an advisory council rather than statute, reportedly $150,000 or $250,000.29 Del. C. ch. 69, subch. IV (Delaware Code Online) · [secondary] State of Delaware small purchase procedures and thresholds (DelDOT)
- District of ColumbiaThe District of Columbia requires performance and payment bonds on construction contracts over $100,000, generally at 100% of the price, and an older statute sets a sliding payment bond above $25,000.D.C. Code § 2-357.02 (DC Council Code) · D.C. Code § 2-201.01 (DC Council Code)
- HawaiiHawaii requires performance and payment bonds, each 100% of the contract price, on competitively bid construction contracts over $25,000 and on small-purchase construction over $50,000.Hawaii State Procurement Office manual 4.7, bid security and performance/payment bonds · Haw. Rev. Stat. § 103D-324 (Hawaii Legislature)
- IdahoIdaho requires performance and payment bonds of at least 85% of the contract on public works of $50,000 or more, and unpaid claimants must sue within one year of their last work.Idaho Code § 54-1926 (Idaho Legislature) · Idaho Code § 54-1927 (Idaho Legislature)
- IllinoisIllinois requires a single performance and payment bond, in an amount the agency sets, on public works over $150,000 ($500,000 for IDOT and the Tollway), and that threshold drops to $50,000 on January 1, 2029.30 ILCS 550 Public Construction Bond Act (ILGA)
- IndianaIndiana requires payment and performance bonds equal to the contract price on state and local public works over $200,000, based on unofficial reproductions of the statutes, with highway work handled separately.[secondary] IC 4-13.6-7-6 payment bonds (Justia) · [secondary] IC 4-13.6-7-7 performance bonds (Justia) · [secondary] IC 36-1-12-13.1 payment bond (FindLaw)
- IowaIowa requires one bond covering performance and payment on public improvements of $25,000 or more, set at no less than 75% of the contract price, and claims are paid from retained funds first.Iowa Code ch. 573 (Iowa Legislature, 2026 Code PDF)
- KansasKansas requires only a payment bond, for at least the full contract sum, on public improvement contracts over $100,000, and claimants must sue within six months after the project is completed.K.S.A. 60-1111 (Kansas Revisor of Statutes)
- KentuckyKentucky requires performance and payment bonds, each 100% of the contract price, on state construction contracts over $100,000, while local governments are covered only if they adopted the state’s model procurement code.KRS 45A.190 (Kentucky Legislature)
- LouisianaLouisiana requires payment and performance bonds of at least 50% of the contract price on public works over $25,000, though many public owners ask for 100% by contract.La. R.S. 38:2241 (Louisiana Legislature) · La. R.S. 38:2216 (Louisiana Legislature) · La. R.S. 38:2242 (Louisiana Legislature)
- MaineMaine requires performance and payment bonds, each for the full contract amount, on public works over $125,000, and the owner may accept an irrevocable letter of credit instead.14 M.R.S. § 871 (Maine Legislature)
- MarylandMaryland requires payment security of at least 50% and performance security the agency deems adequate on public construction over $100,000, with a higher line that appears to be $200,000 for some state agencies.SFP § 17-103 (Maryland General Assembly) · SFP § 13-109 small procurement (Maryland General Assembly)
- MichiganMichigan requires performance and payment bonds on public works over $50,000, each at least 25% of the contract by statute, though most public owners specify 100%.MCL 129.201 (Michigan Legislature) · MCL 129.202 (Michigan Legislature)
- MinnesotaMinnesota requires performance and payment bonds for the full contract price on public works above its $175,000 small-contract line, and claimants must give written notice within 120 days of their last work.Minn. Stat. § 574.26 (Minnesota Revisor) · Minn. Stat. § 574.31 (Minnesota Revisor) · Minn. Stat. § 471.345 (Minnesota Revisor)
- MississippiMississippi requires performance and payment bonds, each at least the full contract amount, on public works of $25,000 and above, according to unofficial reproductions of the statute.[secondary] Miss. Code § 31-5-51 (FindLaw) · [secondary] Miss. Code § 31-5-53 (Justia, 2013)
- MissouriMissouri requires only a payment bond, in an amount the public entity sets, on public works estimated over $50,000, and performance bonds come from agency practice or contract terms.RSMo 107.170 (Missouri Revisor of Statutes)
- MontanaMontana requires a bond for 100% of the contract on all public contracts, though agencies may waive it on projects under $150,000 and cities may lower it to as little as 25% by ordinance.MCA 18-2-201 (Montana Legislature) · MCA 18-2-203 (Montana Legislature)
- NebraskaNebraska requires only a payment bond, for at least the full contract price, on public projects over $15,000 for the state or $10,000 for local governments, with suits due within a year of final settlement.Neb. Rev. Stat. 52-118 (Nebraska Legislature) · Neb. Rev. Stat. 52-118.02 (Nebraska Legislature)
- New HampshireNew Hampshire requires a payment bond of at least 100% of the contract on state contracts involving $75,000 or local contracts involving $125,000, and the statute doesn’t mandate a performance bond.RSA 447:16 (NH General Court)
- New MexicoNew Mexico requires performance and payment bonds for 100% of the contract price on public construction over $25,000, which the agency may reduce to no less than 50% in its best interest.[secondary] NMSA 13-4-18 (FindLaw) · [secondary] NMSA 13-4-19 (FindLaw)
- North DakotaNorth Dakota requires one bond for at least the full contract price, covering both performance and payment, on public improvement contracts over $250,000, a threshold older sources often list lower.N.D.C.C. ch. 48-01.2 (ND Legislative Branch)
- OhioOhio requires one combined performance and payment bond for 100% of the contract on every competitively bid public improvement, with no single dollar threshold because bidding thresholds vary by entity.R.C. 153.54 (Ohio Laws) · R.C. 153.57 (Ohio Laws)
- OklahomaOklahoma requires payment, performance and one-year maintenance bonds, each for the full contract price, on public construction over $100,000, a threshold raised from $50,000 in 2022.Oklahoma Statutes Title 61 (complete title PDF, Oklahoma Legislature)
- OregonOregon requires performance and payment bonds, each 100% of the contract price, on public improvements over $100,000, or over $50,000 for transportation projects, and claimants have 180 days to give notice.ORS chapter 279C (Oregon Legislature)
- PennsylvaniaPennsylvania requires 100% performance and payment bonds on local public works over $5,000 and on state agency construction over $100,000, with optional performance security on state contracts from $25,000.Public Works Contractors' Bond Law of 1967, Act 385 (PA General Assembly) · 62 Pa.C.S. 903 (PA General Assembly)
- Rhode IslandRhode Island requires one bond for 50% to 100% of the contract price, covering performance and payment, on state building work and on road or bridge contracts over $150,000; the statute covers state departments only.R.I. Gen. Laws § 37-12-1 · R.I. Gen. Laws § 37-12-2
- South CarolinaSouth Carolina requires performance and payment bonds, each 100% of the contract price, on all state construction contracts, though agencies may waive them on contracts of $50,000 or less.S.C. Code Title 11 Ch. 35 (see § 11-35-3030)
- South DakotaSouth Dakota requires a single bond for at least 100% of the contract on every public improvement, which the owner may waive below its $100,000 advertising limit.SDCL § 5-21-1 · SDCL § 5-18A-14
- TennesseeTennessee requires a payment bond of at least 25% of the contract price on public works over $100,000, according to unofficial reproductions of the statute, which sets no general performance bond mandate.[secondary] Tenn. Code § 12-4-201 (FindLaw) · [secondary] Tenn. Code § 12-4-201 (Justia)
- UtahUtah requires 100% performance and payment bonds on public construction contracts with no dollar threshold in statute, and since May 2026 the state facilities division may choose whether to require them.Utah Code § 63G-6a-1103 (eff. 5/6/2026) · Utah Code § 14-1-18
- VermontVermont lets its transportation agency require performance and payment bonds in any amount and waive them at $100,000 or less, but no general statute requiring bonds on other public construction was confirmed.19 V.S.A. § 10 · 29 V.S.A. § 161 (state construction bidding)
- VirginiaVirginia requires performance and payment bonds, each 100% of the contract, on public construction over $500,000, or over $350,000 for state-funded transportation projects, and owners may require them below that.Va. Code § 2.2-4337 · Va. Code § 2.2-4341
- WashingtonWashington requires one bond for the full contract price on public works of any size, though on contracts of $150,000 or less the contractor may have the owner hold back 10% instead.RCW 39.08.010 · RCW 39.08.030
- West VirginiaWest Virginia requires a payment bond with no dollar floor on public building contracts and a performance and payment bond on bid construction over $50,000, but neither statute sets a percentage.W. Va. Code § 38-2-39 · W. Va. Code § 5-22-1
- WisconsinWisconsin requires a combined performance and payment bond of at least the contract price on state contracts over $369,000 and local contracts over $148,000, with substitutes or local standards allowed below those tiers.Wis. Stat. § 779.14
- WyomingWyoming requires one bond for at least 100% of the contract, covering performance, payment and state taxes, on public works over $150,000, and the owner may accept another guarantee below that.Wyo. Stat. Title 16 (see §§ 16-6-112 to -116)
by trade.
- General contractorsPublic work and larger private projects require both bonds from you, and you may require them from major subs.
- ElectricalElectrical contractors on public projects often need bonds for their own contracts, especially as prime contractors on separate-prime jobs.
- PlumbingPlumbing subs on public jobs are usually protected by the general contractor’s payment bond, and some are asked to bond their own work.
- HVACMechanical contracts on public and institutional work commonly require full performance and payment bonds.
where you’ll see it.
- Bid documents“Performance and payment bonds in the amount of 100% of the contract sum are required.”
- SubcontractsRequirements that major subs furnish their own bonds, or a copy of the prime’s payment bond.
- Payment disputesNotices of claim sent to the bonded contractor and its surety.
bonded before the bid is due.
Riza places performance and payment bonds with sureties that fit your size, helps you meet the paperwork the bid requires, and keeps your bonding program ready for the next job.
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Coverage it touches: Surety bonds