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What Is a Surety Bond and Does My Business Need One?

A surety bond is a promise from a bonding company that your business will follow the law or finish a contract. If you don’t, the person harmed can claim against the bond, and you usually must pay the bonding company back. You need one when a license, a government agency, or a contract requires it. A bond protects your customer or the public, not you.

The Small Business Administration (SBA) describes two broad groups:

  • Commercial bonds make sure a business follows laws and rules. License and permit bonds are common examples. Some government agencies require them.
  • Contract bonds make sure a specific contract’s terms are met.

The SBA lists these contract bond types:

  • Bid bond: shows you’ll take the job and provide the other bonds if you win the bid
  • Performance bond: makes sure you finish the contract
  • Payment bond: makes sure your suppliers and subcontractors get paid
  • Ancillary bond: covers other duties, like maintenance

On federal construction jobs, the Federal Acquisition Regulation (FAR) requires performance and payment bonds for construction contracts over $150,000. Smaller federal jobs over $35,000 need some kind of payment protection. State and local public jobs often have their own bond rules.

Made-up example: Ironwood Remodeling applies for a state contractor license. The state requires a license bond. If Ironwood breaks state contractor rules and a homeowner is harmed, the homeowner may be able to claim against the bond. If the claim is paid, Ironwood owes the bonding company.

  • No bond can mean no license. Some licenses can’t be issued or renewed without one.
  • No bond can mean no bid. Many public and larger private jobs require bonds.
  • Customers check. The Federal Trade Commission (FTC) tells homeowners to confirm a contractor’s license and ask for proof of insurance before hiring.
  • A bond isn’t insurance for you. You usually must repay any valid claim.
  • Advertising “bonded” when you’re not is a false claim (see 11.3.1 Truthful Advertising Claims).

Mostly contractors and trades, businesses that bid on public work, and businesses in licensed fields where the state requires a bond. Many service businesses, like a bookkeeper or a web designer, never need one. Check your state license rules and any contract you sign.

  1. Check your license requirements. Your state licensing board, and sometimes your city or county, will say if a bond is needed and how much (see 9.5.2 State Licenses).
  2. Check your contracts and bids for bond requirements.
  3. Talk with a surety bond agent. Bonding companies review your credit, finances, and experience.
  4. Ask about the SBA Surety Bond Guarantee Program if you have trouble getting bonded. The SBA says it guarantees bid, performance, payment, and ancillary bonds for eligible small businesses. Its stated limits are up to $9 million for non-federal contracts and up to $14 million for federal contracts.
  5. File the bond with the licensing agency or client as required.
  6. Record the bond number, amount, and expiration in your Master Business Record (see 5 Master Business Record).
  7. Put renewal dates on your calendar. A lapsed license bond can affect your license (see 10.9.1 Financial Calendar).
  8. Only advertise “bonded” while the bond is active.
  • The bond document and the indemnity agreement you signed
  • Proof it was filed with the licensing agency or client
  • Renewal and payment records
  • Any claim notices
  • Thinking a bond protects you. It protects the customer or public. You usually repay claims.
  • Letting a license bond lapse. That can put your license at risk.
  • Saying “bonded” in ads when the bond is expired or doesn’t apply to that kind of work.
  • Bidding on a public job without lining up bonding first.
  • Not reading the indemnity agreement. It may make you personally responsible to repay claims.

A surety bond agent for getting bonded. An attorney for contract bonds and the indemnity agreement. Questions to ask:

  • Does my license or this contract require a bond, and for how much?
  • Am I signing a personal indemnity agreement?
  • Do I qualify for the SBA Surety Bond Guarantee Program?

[Bill: add a short note. For example, how contractor clients use “licensed, bonded, and insured” on their websites and Google profiles, and why it has to match what the state shows.]

  • [Date I did this:]
  • [What I actually did, step by step: whether SiteSmarty needs any bond, and where I checked]
  • [What it cost and how long it took:]
  • [What surprised me or what I’d do differently:]
  • [Screenshot or photo to add, with private info blurred: the state requirement page or bond certificate]
  • [Result so far:]

What does licensed, bonded, and insured mean? The business holds the required license, has a surety bond on file, and carries insurance. Each should be true and current before you advertise it.

Is a bond the same as insurance? No. Insurance protects you. A bond protects your customer or the public, and you usually must repay paid claims.

Do I need a bond? Only if a license, agency, or contract requires one. Check your state licensing board.

Can the SBA help? The SBA guarantees certain contract bonds for eligible small businesses through its Surety Bond Guarantee Program.

  • Question: Does the business hold every bond its licenses and contracts require, and are its “bonded” claims accurate?
  • Pass looks like: Each required bond active and filed. Expiration dates on the calendar. “Bonded” used only when true.
  • Fail looks like: A lapsed license bond. Bidding without bonding. “Bonded” on the website with no active bond.
  • Evidence to collect: Bond documents, filing confirmation, state license record, and website and listing text that mentions bonding.

Where this fits

Do this first: 9.5.2 State Licenses, 10.8.7 Tools and Equipment Insurance

Do this next: 10.8.9 Umbrella Coverage

Related pages: 9.3 Requirement Matrix, 9.5.6 License and Permit Renewals, 11.3.1 Truthful Advertising Claims, 13.3.6 Trust Content, 14.1.10 Credentials

Sources

This page explains general rules and Bill's own experience. It is not legal, tax, or insurance advice. Talk to a qualified professional about your situation.

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