Why You Need To Have A Performance Payment Bond When Undertaking A Major Project

| Tuesday, August 20, 2013
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 ensures that the contractor completes the project as required. Payment bonds ensure that the contractor pays suppliers, workers, subcontractors and other parties that are involved in the construction project. The two instruments are referred to as construction bonds when put together. In real sense, these bonds are aimed at protecting the project owner from the incompetence of a contractor.

While they may have been created to protect the federal government from incurring losses when contractors fail to complete construction works on time, these bonds are nowadays very common in the private sector. Individuals who wish to construct new homes can use these bonds to protect themselves from losses that they may incur if the contractor fails to complete the project. Generally, these bonds may be utilized in any construction projection that is worth more than 25,000 dollars.

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.

A client may file a claim for a number of reasons. One of them is if the quality of work done by the contractor is poor. The second is if workers, subcontractors and suppliers of materials are not paid well. Another reason is if the project is not completed.

If the project is not completed, the bond gives the project owner three options. The first is to hire another contractor to complete the works. The second option is to hire a completions contractor to finish the construction works. The last option allows the owner to complete the project personally, with the issuer covering all the costs.

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.

If you need a performance payment bond, it is important that you hire a suitable attorney to draft the contract that outlines all the terms and conditions. They can also help you sue the construction company if they fail to honor their duties. It is important to note that the amount of money that the project owner can recover in court may be reduced if the bond has already rendered some assistance. Other remedies like an injunction, or an order to make the requirement payments or complete the works may be issued by the court.




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