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Public Works

Payment Bond vs Performance Bond

Payment bonds and performance bonds are the two core contract bonds, and they protect different people. A performance bond guarantees the project gets finished. A payment bond guarantees the workers and suppliers get paid. On most public jobs, you carry both.

Illustration for the guide: Payment Bond vs Performance Bond

The short version

Both are contract surety bonds, and both are three-party guarantees between you (the principal), the party you are protecting (the obligee), and the surety that backs you. The difference is who they protect and what they promise. A performance bond is about finishing the work. A payment bond is about paying the people who help you do it.

Performance bondPayment bond
ProtectsThe project ownerSubcontractors, laborers, suppliers
GuaranteesThe contract is completedEveryone below you gets paid
Typical amountUp to 100% of the contractUp to 100% of the contract
A claim comes fromThe owner, if you defaultAn unpaid sub or supplier
Commonly required byOwners and public agenciesPublic agencies by statute

Performance bond: finish the job

A performance bondguarantees the owner that you will complete the contract according to its terms. If you default, the surety steps in to get the work finished or to compensate the owner for the loss, up to the bond's penal sum. It is the owner's protection against a contractor who cannot deliver.

Payment bond: pay the people below you

A payment bond guarantees that your subcontractors, laborers, and material suppliers get paid for what they put into the job. On public projects, where a worker cannot place a mechanics lien against government property, the payment bond is what gives them a way to recover if you do not pay them.

Why public jobs require both

On federal work, the Miller Act requires both a performance bond and a payment bond on contracts above a set threshold. California and most other states have their own Little Miller Act that does the same for state and local public work. So on a public bid you are almost always providing both, usually each at 100% of the contract value.

Are they issued separately?

In practice, no. A surety underwrites your full bonding capacity once, then issues the performance and payment bonds together for a given contract, often on a single bond form. You qualify for the pair as one line, based on your financials, experience, and the size of the job.

What they cost

Contract bonds are priced as a percentage of the contract amount on a sliding scale, and the performance and payment bonds are quoted together as one premium rather than billed separately. If your credit or track record makes the pair hard to place, that is exactly the kind of file we work through our hard-to-place markets. Underwriting always applies, and we never promise guaranteed approval.

Questions

FAQs

Reviewed by Michael Melshenker, CEO. Updated June 2026.

Do I need both a payment bond and a performance bond?
On public work, almost always yes. Federal contracts above the Miller Act threshold, and most state and local jobs under a Little Miller Act, require both, usually each at 100% of the contract value. Private owners may ask for one, both, or neither.
What is the difference between a payment bond and a performance bond?
A performance bond protects the owner by guaranteeing the work gets completed. A payment bond protects your subcontractors, laborers, and suppliers by guaranteeing they get paid. Same job, different protected parties.
Are payment and performance bonds issued together?
Usually, yes. A surety approves your bonding capacity once and issues both bonds for a contract, often on a single form and as one premium, rather than as two separate approvals.
How much do payment and performance bonds cost together?
They are priced as one premium, a percentage of the contract value on a sliding scale, driven by your financials, experience, and the size of the job. They are not billed as two separate fees.