The Performance Bond guarantees to the owner/obligee that you will perform the work as per the terms of your contract. If you do not perform, the obligee may put you default and ask the surety to remedy. The options of the surety at that point are determined by the terms in the bond and your contract. The Payment Bond guarantees that you will pay your suppliers and subcontractors as per the terms of the applicable statute or terms of the Payment Bond. Depending on the bond form, this coverage may extend to tiers below your direct suppliers or subcontractors. If these vendors make proper claim on the Payment Bond, the surety may be required to pay these vendors directly. What differentiates a surety bond from insurance is that you are required to sign an indemnity agreement that states that if the surety incurs expenses or loss as a result of providing a bond for you, they expect that you will repay the surety. The terms of the indemnity agreement and State law dictate when or how the surety might pursue repayment.


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