bookmark_borderHow Can I Purchase a Performance Bond in Texas?

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In Texas, how do I obtain a performance bond?

A performance bond is basically your assurance that you will complete the project per the terms of the contract. If you do not, then whoever is holding your bond can be compensated instead of having to deal with non-performance on your part.

The issuer makes a promise that if you fail, they will go after your company’s assets for any money owed.

You may need one when working on construction projects in Texas, depending upon who hired you and what kind of business relationship it is (e.g., a subcontractor). 

The same goes for licensing bonds in Texas, like liquor license surety bonds or professional license bonds, under which someone agrees to pay certain penalties if they violate state statutes related to their chosen profession; e.g., a real estate agent bond.

In Texas, where can I receive a performance bond?

A performance bond is a written guarantee that the person who signs the contract will carry out the terms of their agreement. Performance bonds are often used in relation to large construction projects, such as those for roads and bridges, as well as building work or other civil engineering projects.

In Texas, local jurisdictions issue building permits with specifications for compliance with local zoning ordinances and building codes. 

A contractor applies for a permit to construct a building on a site they own, which authorizes them to start construction immediately following issuance of the permit without having to wait until a permanent certificate of occupancy is issued by the city administration. This is because temporary approval through a “building permit” provides all that is needed under state law to make any improvements necessary to turn an existing site into a building site.

In Texas, how much does a performance bond cost?

A Performance Bond is a type of insurance that guarantees faithful performance from one party to another. In construction contracting, a general contractor may be required to “performance bond” the project by guaranteeing to complete the work within time and budget requirements as set forth in the contract documents. Payment and/or completion bond is an alternate way of describing this same concept.

Typically, projects involving one or more subcontractors require the “sub-subcontractors” (sub-subs) to provide payment or completion bonds so all parties may be covered for claims made under the agreement. This typically applies when there isn’t enough money upfront for each party’s clients as security for the claims being made.

The Performance Bond amount is based on the contract between you and your client. Many factors are considered in this decision, including job size, the scope of work, subcontractors, workers’ compensation policies for employees, etc. 

The bond amount can be negotiated with your surety company representative to determine the most appropriate level to guarantee that your projects will be completed as promised. Failure to complete a project may result in monetary penalties or other losses (such as the award of liquidated damages), depending on the specific terms of the agreement. 

Is there a need for a performance bond in Texas?

The Texas Comptroller’s Office, which has several duties in the state, including collecting fees for various services, requires that all contractors bidding on work in Texas post a performance bond for 100% of the contract amount. A performance bond must be submitted with the bid proposal if they are opted to do so when providing their application material.

A performance bond ensures that if there is any damage done during construction or development which is not covered by an insurance policy, then payment will be made out of the contractor’s pocket until completion of work is completed. Once construction or development has been properly completed and inspected by local authorities, then the contractor receives his money from the surety company or bonding agency that issued the bond.

A contractor is required to present a performance bond for all work that will be done in the state of Texas. Many contractors are not aware of this requirement, and if they are aware, sometimes don’t have the money set aside to have one issued on their behalf. We suggest contacting your insurance agent or our office so that you can determine what is best for you and your company’s requirements.

In Texas, who issues a performance bond?

When requested by the State, the owner of a well must provide a bond to ensure that it will cover any expenses if operations are abandoned. The bond is issued by an insurance company or surety company; however, it may be provided in the form of cash deposited in trust.

The type and amount of security required for production wells are determined by the rule. For example, no operator who has paid in full its annual fee shall present for refund or offer to refund performance bonds that have been in full force and effect for more than one year without submitting evidence satisfactory to the commission to prove that all plugged-productive wells under its control have not produced within a said one-year period.

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