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Contractor Surety Bonds

Payment Bonds for Texas Contractors

A payment bond guarantees that subcontractors, laborers and suppliers on a bonded project will be paid if the contractor doesn’t pay them. Lavon Insurance helps Texas contractors get payment and performance bonds for public, commercial and private projects.

Project manager providing payment to a subcontractor at a commercial construction site
Contract Surety

What Is a Payment Bond?

A payment bond is a surety bond the contractor provides before work begins. If the contractor fails to pay for labor or materials on the project, qualifying subcontractors, laborers and suppliers can make a claim against the bond instead of filing a lien.

Principal

The contractor that must pay subcontractors, laborers and suppliers.

Obligee

The government entity or project owner that requires the bond.

Surety

The surety company that issues the bond and pays valid claims.

Why public projects use payment bonds

Subcontractors and suppliers generally can’t file a mechanic’s lien against public property. On public projects, the payment bond takes the place of lien rights.

Payment Protection

Who Does a Payment Bond Protect?

Subcontractors

Qualifying subcontractors can claim covered amounts owed for work performed on the project.

Laborers

Unpaid labor on the bonded project can be protected when notice requirements are met.

Material Suppliers

Qualifying suppliers can claim covered materials furnished for the bonded project.

Texas & Federal Requirements

When Is a Payment Bond Required?

Statutes require payment bonds on public projects above certain contract amounts. Private owners and lenders can require them on any project.

Always check your contract documents for the actual bond requirement and form.
Project Type Payment Bond Required When Law
Texas public works Contract exceeds $25,000, in the full contract amount Gov’t Code §2253.021
Texas cities & certain joint boards Contract exceeds $50,000, in the full contract amount Gov’t Code §2253.021
Federal construction Contract exceeds $150,000 Miller Act, FAR 28.102-1
Private projects When the owner, lender or general contractor requires it Contract terms
For Subcontractors & Suppliers

Texas Public Project Payment Bond Claim Deadlines

On Texas public works projects, payment bond claims have strict notice deadlines under Government Code Chapter 2253. Missing a deadline can forfeit your claim.

This is a general summary. Additional notices can apply depending on your tier and the type of claim. Consult a Texas construction attorney about a specific claim.

Key Deadlines
  • Notice of claim: mail by the 15th day of the third month after each month the labor was performed or material was delivered (§2253.041)
  • Example: work performed in January requires notice by April 15
  • Lawsuit: file suit on the bond within one year after the notice is mailed (§2253.078)
Pricing

How Much Does a Payment Bond Cost?

Payment and performance bonds are usually written together, and the premium is typically charged once for both. Premiums are usually a percentage of the contract price, commonly around 1% to 3% for qualified contractors, with lower rates on larger contracts.

Your actual rate is set by the surety after reviewing your experience, finances, credit and the project.

What Affects Your Rate
  • Contract size and bond amount
  • Years in business and similar completed projects
  • Business and personal financial statements
  • Personal and business credit
  • Current backlog and work in progress
  • Project type, duration and contract terms
Contract Surety Bonds

Payment Bonds and Performance Bonds Work Together

Most bonded construction contracts require both, because they protect against different risks.

Before Award

Bid Bond

Guarantees you’ll sign the contract and provide the required bonds if your bid wins.

Learn About Bid Bonds →
Protects Subs & Suppliers

Payment Bond

Guarantees that qualifying subcontractors, laborers and suppliers will be paid.

All Construction Bonds →
One application for both bonds

Our online application is a combined Performance & Payment Bond Application. If your project requires both bonds, you only need to apply once.

Getting Bonded

How to Apply for Performance & Payment Bonds

1

Review Your Contract

Identify the obligee, contract amount, required bond amounts and bond forms.

2

Submit the Combined Application

Complete the Performance & Payment Application with your contractor and project information.

3

Underwriting

The surety reviews your experience, finances, work in progress and the project.

4

Bonds Are Issued

Once approved, deliver the signed bonds to the obligee as the contract requires.

Be Prepared

Information You’ll Need

Having these documents ready speeds up underwriting. Larger contracts may also require CPA-prepared financial statements.

Need help reading the bond requirements in your contract? Call (972) 853-8884.

Checklist
  • Legal business name and contact information
  • Project name, location and obligee
  • Contract amount and required bond amounts
  • Contract or award documents
  • Required bond forms
  • Scope of work
  • Contractor experience and completed projects
  • Current work in progress
  • Financial information when required
Common Questions

Payment Bond FAQs

What is a payment bond?

A payment bond is a surety bond that guarantees qualifying subcontractors, laborers and suppliers on a bonded project will be paid if the contractor fails to pay them.

Who does a payment bond protect?

Qualifying subcontractors, laborers and material suppliers who furnish labor or materials to the bonded project, subject to the bond terms and notice requirements.

When does Texas require a payment bond?

Under Texas Government Code §2253.021, governmental entities must require a payment bond on public works contracts over $25,000, or over $50,000 for municipalities and certain joint boards. Federal projects over $150,000 require one under the Miller Act.

How much does a payment bond cost?

Payment and performance bonds are usually written together for one premium, commonly around 1% to 3% of the contract price for qualified contractors. Your rate depends on your experience, finances, credit and the project.

Is a payment bond the same as a performance bond?

No. A performance bond protects the project owner by guaranteeing the work is completed. A payment bond protects subcontractors and suppliers by guaranteeing they are paid. Many projects require both.

What is the deadline to make a payment bond claim in Texas?

On Texas public works projects, notice must generally be mailed by the 15th day of the third month after each month the labor was performed or material was delivered, and suit must be filed within one year after the notice is mailed.

Can subcontractors file a lien on a public project?

Generally no. Public property usually can’t be liened, so the payment bond is the main protection for unpaid subcontractors and suppliers on public projects.

Do I need separate applications for performance and payment bonds?

No. Lavon Insurance’s online application is a combined Performance & Payment Application for projects that require both bonds.

Does every construction project require a payment bond?

No. Requirements depend on the project owner, governmental entity, contract amount and contract terms. Private owners can require bonds even when no statute does.

Related Coverage
Ready to Get Bonded?

Apply for Performance & Payment Bonds

If your construction contract requires performance and payment bonds, start our combined online application.

Bond availability, approval, rates, limits and underwriting requirements vary by surety company, contractor and project. Bonds are not issued until approved by the surety. Statutory summaries are general information, not legal advice.