The Importance Of Having A Performance Payment Bond

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 basically ensures that the construction company executes the contract fully, and that the works are done according to quality and safety standards. Payment bonds are there to ensure that construction workers, suppliers and subcontractors get fair payment for their goods or services. These two bonds are commonly referred to as construction bonds, and they are meant to protect the developer from losses and any other financial liability that may arise from the construction project.

Nowadays, clients who have projects that involve a significant amount of money can use bonds to protect themselves from losses. Originally, only the federal government used bonds to prevent loss of taxpayer's funds. Back then non-completion of projects was so prevalent that almost every construction work that was funded by the government was never completed. Construction bonds helped to stop this trend.

While the contractor is required to get the bond from an insurance company, it is the client who pays for it. This means that the issuer acts as a guarantor for the construction company. This is because the company will step in and compensate the owner of the project if the construction company does not meet its end of the deal. Normally, the client or the owner of the project will have several options apart from just getting monetary compensation.

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.

Generally, the client has three possible remedies in case the construction firm does not finish the project. The first option is to hire a completions contractor to complete the task. The second option is to hire a new contractor to continue with the project from where it was left. The last option is to complete the construction works in person at the cost of the insurance company.

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.

When you want to have a legally sound performance payment bond, you need to hire a lawyer to draft the agreement that outlines all the provisions. Your attorney will ensure that you get monetary compensation as outlined in the bond if and when the contractor fails to complete the project. However, you should know that if the matter goes to court, you will only be able to recover a small amount of money if the insurance company has already offered some assistance as outlined in the contract.

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