From bidding on public projects to securing private contracts, or looking to grow your construction business, you’ve likely encountered the term surety bond. While often confused with insurance, surety bonds serve a different purpose – one that can position your business for success.

| What is a Surety Bond?

A surety bond is a three-party, legally binding agreement that guarantees a contractor will meet the terms of a contract or satisfy legal and financial obligations.

The three parties involved are:

  • The Principal: The contractor or business required to obtain the bond.
  • The Obligee: The project owner or government entity requiring the bond.
  • The Surety: The bonding company that guarantees the contractor’s performance.

Unlike traditional insurance, which protects the policyholder, surety bonds protect the project owner. If the contractor fails to meet the terms of the agreement, the surety may compensate the obligee and seek reimbursement from the contractor.

| Why Are Surety Bonds Important?

Surety bonds offer the flexibility businesses need to safeguard valuable assets and comply with contractual, statutory or court-mandated requirements. They demonstrate financial stability and a commitment to fulfilling contractual obligations.

For contractors, bonding can:

  • Increase credibility with clients.
  • Open the door to larger projects.
  • Meet state, local, or contractual requirements.
  • Provide a competitive advantage during the bidding process.

Many public construction projects in Virginia require contractors to obtain surety bonds before work can begin. Likewise, these bonds help level the playing field by allowing qualified small businesses to compete for projects they might otherwise be unable to pursue.

| What Are the Common Types of Surety Bonds

  • Bid Bonds – a bid bond assures the project owner that the contractor submitting the bid intends to enter into the contract if selected.
    • Virginia Fact: Virginia law requires performance and payment bonds for many public construction contracts exceeding $500,000 (or $350,000 for certain transportation projects), making bid bonds a common prerequisite during the procurement process.
  • Performance Bonds – performance bonds guarantee that the contractor will complete the project according to the contract specifications.
    • Did You Know? Federal construction contracts valued above $150,000 generally require performance bonds to protect taxpayers and ensure projects are completed according to contract requirements.
  • Payment Bonds – payment bonds protect subcontractors, suppliers, and laborers by guaranteeing they will be paid for work and materials provided.
    • Industry Insight: payment bonds reduce financial risk throughout the construction supply chain, protecting subcontractors and suppliers if the prime contractor cannot meet payment obligations. They’re one of the most common bond requirements on public construction projects!

| What Determines Bond Eligibility?

Eligibility is evaluated by financial strength, business experience, credit history, and current workload before issuing a bond.

In fiscal year 2024, the SBA guaranteed 11,092 bid and final surety bonds totaling more than $9.2 billion in contract value, demonstrating how many contractors rely on bonding to secure work!

| How Can HAWK Help?

At HAWK Advisers, we help you navigate bonding requirements, prepare the financial information needed for the bonding process, and connect with a range of trusted surety markets.

Our team takes the time to understand your business and your goals, providing guidance every step of the way so you can make informed decisions and secure the coverage that’s right for your needs.

Ready to get the conversation started? Give us a call at 540.343.4309 or click the button below!