How does a performance bond work?

A performance bond guarantees your business will complete a project according to its contract. If you don't, the surety pays the project owner or arranges for completion—protecting everyone involved.

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Complete Guide to How Performance Bonds Work

Why This Question Matters for Colorado and Utah Residents

Performance bonds are a core requirement for many public and private construction projects in Colorado and Utah. Understanding how they work is essential both for compliance and for protecting your business and reputation against costly setbacks.

  • Regulatory compliance: In Colorado, performance bonds are mandatory for all state construction contracts above $50,000. Missing this requirement can disqualify your bid or halt your project entirely.
  • Regional risk factors: Northern Colorado experiences a 53% higher rate of performance bond claims during hail and severe weather seasons, affecting timelines and claim likelihood for local contractors.
  • Financial safeguard: Performance bonds provide a structured way to resolve project failures—claim payouts average $67,000 but can reach over $200,000 on mid-sized contracts, protecting both developers and contractors.

What Most People Get Wrong

Many business owners assume performance bonds only benefit the client or government—they don’t realize a bond actually streamlines claim resolutions and protects the contractor’s reputation by keeping projects moving. Another common misconception is that all you need is the minimum required bond, but regional risks or higher-value projects may demand greater coverage to avoid out-of-pocket costs.

It’s also easy to underestimate how claims work. For example, claim resolution for bonded projects in Colorado is typically 45 days faster than relying on court litigation alone—an advantage when every day counts.

The Complete Picture

A performance bond is a three-party agreement: your business (the principal), your client (the obligee), and the surety company (the guarantor). If your business fails to complete the contract as specified—for any reason, from subcontractor default (42% of claims) to material failures—the surety will pay the client or hire a contractor to finish the job, up to the bond amount.

Bonds aren’t insurance in the traditional sense. If a claim is paid, the surety will seek reimbursement from your business. Premiums in Colorado and Utah typically range from 0.5%–3% of the bond amount, with higher rates for those with poor credit or limited history. In Northern Colorado, contractors may face higher claims in spring and summer due to storm delays, making proper bond sizing especially important.

Digital applications and partnerships now allow some businesses to secure necessary bonds in as little as 48 hours, allowing you to seize contract opportunities quickly while ensuring compliance with both state and local regulations.

Making the Right Decision for Colorado and Utah Residents

Question 1: What are your project’s bond requirements and risks?

Before bidding, research local and state minimum bond requirements. Consider:

  • CO mandates performance bonds for public projects over $50,000; some cities like Denver require $50,000 minimum plus potential compliance riders.
  • Weather risks in Northern Colorado (hail, storms) increase claim likelihood and may warrant a higher bond.

Question 2: Can your business handle the financial responsibility of potential claims?

Understand how much risk you’re absorbing. For example, if a subcontractor defaults, will you be able to repay the surety if a claim is paid? Consider the following:

  • Contractors with excellent credit may qualify for rates as low as 0.5% of the bond value; challenged credit can mean up to 20%.
  • Surety claims must be reimbursed—budget for this potential liability rather than assuming it's “free money.”

Question 3: Are you planning for your business to grow?

As you take on larger projects, your required bonding capacity will increase. Plan ahead by:

  • Maintaining strong relationships with surety providers to expand your bond size as your track record grows.
  • Working with local bond specialists who understand CO and UT nuances, so your bond program matches your evolving business needs.

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Real World Examples

Securing a First Big Project in Fort Collins

Background: Maria, a small contractor in Fort Collins, wanted to bid a $100,000 city sidewalk repair project. With poor credit, she faced a 5% premium for the $100,000 performance bond—$5,000 upfront.

Coverage: $100,000 performance bond (mandated by city contract).

Monthly Premium: $417/month ($5,000/year).

The Incident: A subcontractor missed key deadlines due to a spring hailstorm, threatening project completion.

Total Claim Cost: $28,000 (hiring a new sub and extra materials).

Maria's Cost: $28,000—repaid over 18 months, but the bond ensured the city finished on time.

"Without the bond, I would have lost my client and reputation. It was tough, but it saved my business."

Denver Developer Avoids Major Loss with Right-Sized Bond

Background: Eric, a mid-sized general contractor in Denver, won a $500,000 retail buildout requiring a $150,000 performance bond (premium: 1%, or $1,500/year).

Coverage: $150,000 performance bond.

Monthly Premium: $125/month ($1,500/year).

The Incident: The primary materials supplier defaulted, leaving the project short on drywall and hardware. Time constraints meant finding a replacement at much higher prices.

Total Claim Cost: $46,800 (cost of expedited materials and new supplier fees).

Eric's Cost: $46,800—reimbursed to the surety in manageable payments, allowing project completion without contract penalties.

"The bond made a stressful situation much easier to manage—my client never questioned our reliability."

Salt Lake City School Project Resolves Quickly After Claim

Background: Brooke’s construction company in Salt Lake City handled a $350,000 school addition. They secured a $100,000 bond at 0.75% premium ($750/year).

Coverage: $100,000 performance bond.

Monthly Premium: $63/month ($750/year).

The Incident: Midway through construction, a safety violation by a subcontractor halted work for 10 days.

Total Claim Cost: $18,000 (for extra inspections and compliance improvements).

Brooke's Cost: $18,000 (reimbursed over 12 months). Dispute was resolved in 30 days (well under state averages) thanks to the surety’s process.

"I was grateful how quickly the bond company stepped in—they kept us on schedule and helped us fix the issue fast."

Avoid These Common Mistakes

Mistake #1: Only Buying the Minimum Required Bond

What People Do: Contractors buy only the lowest bond amount allowed by law or contract, ignoring actual project risks.

Why It Seems Logical: It saves money on premiums upfront.

The Real Cost: In Northern Colorado, spring hail can spike claims above minimums—leaving you with $20,000+ out-of-pocket costs if claims exceed coverage. Most bond claims in the region average higher than mandated minimums.

Smart Alternative: Work with a local FoCoIns bond specialist to tailor your bond size to real project risks, protecting yourself against regional hazards and ensuring business continuity.

Mistake #2: Letting Your Performance Bond Lapse or Miss Renewal

What People Do: Focused on project work, some contractors forget their bond renewal—especially since policies often require 90 days’ notice before cancellation.

Why It Seems Logical: It's easy to get busy and assume the renewal is automatic.

The Real Cost: If your bond lapses, Colorado law can suspend your license or halt all project payments. Resolving a lapse can waste weeks and cost $10,000+ in lost revenue or legal penalties, not counting reputational damage.

Smart Alternative: Let FoCoIns manage your bond calendar—we track renewal dates and send reminders so you always stay protected and compliant.

Mistake #3: Not Understanding the Claim Reimbursement Process

What People Do: Assume a paid bond claim is a “free payout” and overlook the requirement to repay the surety.

Why It Seems Logical: Bond documents are full of dense legal language, and repayment obligations aren’t always highlighted.

The Real Cost: After a claim, the surety will expect repayment—sometimes immediately. For a $50,000 claim, you could be responsible for the full amount, with interest, jeopardizing your cash flow.

Smart Alternative: Before accepting projects, discuss potential claim scenarios with your FoCoIns advisor so you fully understand financial responsibilities and can plan ahead for worst-case scenarios.

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