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Payment Bond

A type of surety bond that guarantees subcontractors, suppliers, and laborers will be paid for their work on a construction project. If the general contractor fails to make payments, the surety company will pay the outstanding amounts up to the bond limit.

Example

The electrical subcontractor required a payment bond from the general contractor to ensure they would receive payment for their $50,000 portion of the school renovation project.

Memory Tip

Think 'Payment Bond = Payment Protection' - it protects the little guys (subs and suppliers) from getting stiffed by contractors.

Why It Matters

Payment bonds protect subcontractors and suppliers from financial loss when general contractors default or go bankrupt, ensuring they get paid for completed work. This protection encourages participation in construction projects and helps maintain industry stability by reducing payment disputes.

Common Misconception

Many people confuse payment bonds with performance bonds, thinking they cover the same risks, but payment bonds only ensure subcontractors get paid while performance bonds guarantee project completion. Some also think payment bonds are insurance policies, when they're actually surety bonds that create a three-party agreement.

In Practice

On a $2 million municipal building project, the city requires a $2 million payment bond. When the general contractor goes bankrupt owing $150,000 to various subcontractors and $75,000 to suppliers, the surety company pays these obligations totaling $225,000. The subcontractors receive full payment without having to pursue lengthy legal action or file mechanics' liens.

Etymology

The term combines 'payment' with 'bond,' originating from construction industry practices in the early 1900s when the Miller Act established requirements for payment bonds on federal projects to protect workers and suppliers.

Common Misspellings

payement bondpayment bonedpaymant bondpayment bomd
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Related Terms

Performance BondSurety Bond

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See Also

Miller ActLien waiverBid bond
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