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A performance bond issued by a financial institution guarantees the fulfillment of a contract. If the U.S. exporter fails to "perform" as agreed, the buyer is compensated. A bid bond - often required in a bid selection process - guarantees the foreign buyer that the U.S. exporter will execute the contract if selected.
One key difference between performance bonds and surety bonds is the scope of their coverage. Performance bonds only cover a specific project, while surety bonds can cover multiple projects or ongoing business activities. Another difference is the party responsible for paying the bond premium.
Typically, to get premium for a performance bond refunded, you need to return the original bond to the surety bond company. Performance bond premium cannot be refunded with copies of the bond because they are non-cancellable. Also, the performance bonds must be returned before the project starts.
Under a typical performance bond, a surety has four options after the principal defaults: work with the principal to cure the default; complete the contract itself; procure a replacement contractor to complete the contract, or pay the costs to complete the contract (up to the bond limit).
Performance bonds are a subset of contract bonds and guarantee that a contractor will fulfill the terms of the contract. If they fail to do so, the Surety company is responsible for completing the contract obligations, either by securing a new contractor to complete the job or by financial compensation.
When a performance bond is called and the claim has been deemed valid, a surety company will sometimes find a new contractor to complete the project. When this happens, a new contract is drafted with different terms and prices.
Disadvantages of Performance Bonds A surety may accuse an owner of not complying with a bond agreement to avoid paying the owner. Another disadvantage is underestimating losses which means getting less money from a surety to complete the project. A surety may also try to settle for the least expensive solution.
Advance Payment Bond v's Performance Bond An APB will protect the Employer against goods or services yet to be supplied while a PB will provide compensation in the event of the Contractors failure to perform and complete his obligations under the Contract.