Article · Insurance

The Promise Behind the Promise: How Surety Bonds Actually Work

40 U.S.C. § 3131

Type
Article
Jurisdiction
National
Date
2025-09-07
Topic
Insurance

A surety bond is not insurance, though it is sold by insurance companies and regulated as insurance. It is a three-party promise in which the party who pays expects to be paid back. This article explains that structure and why it changes everything downstream. It covers bid, performance, and payment bonds; the Miller Act that protects subcontractors on federal projects because they cannot file liens; the ninety-day notice and one-year suit deadlines that end most claims; who counts as a protected claimant and who does not; the indemnity agreement contractors sign without reading; and what happens when a surety takes over a defaulted job.

The Promise Behind the Promise: How Surety Bonds Actually Work

Insurance > Surety Bonds and Construction Payment Security | Published 7 September 2025 - Updated 25 July 2026 | UpLaw - uplaw.us

A drywall subcontractor, $180,000, and a hole in the law

A drywall subcontractor finishes its work on a new federal courthouse. The general contractor does not pay. The sub does what any unpaid contractor would do in the private world: it prepares to file a mechanic's lien on the building.

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