Calculations for commercial planning and estimating purposes only; not legal advice. Aligned with US Miller Act (40 U.S.C. § 3131) and FIDIC Sub-Clause 4.2 standards.
Performance & Surety Bond Calculator
Calculate performance bond penal sums and premium costs under the US Miller Act (40 U.S.C. § 3131, 100%) and FIDIC Sub-Clause 4.2 (10% Performance Security).
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US Miller Act (100% Bond)Contract Value vs Penal Sum vs Premium Comparison
Frequently Asked Questions (FAQ)
What is a performance bond in construction contracting?
A performance bond is a tripartite financial guarantee issued by a surety company ensuring the contractor will complete the project according to contract terms.
What is the standard value percentage of a performance bond?
Performance bonds are typically issued for 10% of total contract value in international (FIDIC) practice, or 100% of contract value under US Miller Act public projects.
How are performance bond premium rates calculated by sureties?
Sureties calculate annual bond premiums based on contractor financial strength, experience, and credit rating, typically ranging from 0.5% to 2.0% of bond value.
What is the difference between a Demand Bond (On-Demand) and a Conditional Bond?
An On-Demand bond permits the owner to call funds upon written notice without proving default. A Conditional bond requires proof of contractor default and actual loss.
What is the Miller Act requirement for US federal construction bonds?
The federal Miller Act mandates performance bonds (100% contract value) and payment bonds for all US federal building contracts exceeding $150,000.
When does a performance bond expire?
Performance bonds remain active until practical completion, taking-over certificate issuance, or the end of the defects liability period as specified in the bond terms.
What happens if a contractor defaults on a bonded project?
The surety has three options: finance the defaulting contractor to complete, step in and hire a replacement contractor, or pay out the bond limit to the owner.
What is a Payment Bond vs a Performance Bond?
A performance bond protects the project owner against contractor default. A payment bond guarantees the contractor will pay sub-contractors, laborers, and material suppliers.
How does a contract price variation affect performance bond coverage?
Significant scope increases (typically > 15-20%) require issuing a bond rider or endorsement to increase the total bonded amount to match the revised contract price.
What is a Bid Bond (Tender Guarantee) and how does it convert?
A bid bond guarantees a bidder will enter into the contract if awarded. Upon contract signing, the bid bond is released and replaced by the performance bond.