Contract bonding

Construction bonds: which bond, at which stage, for which client.

Construction bonds follow the life of a project. A bid bond at tender, performance and payment bonds at award, a maintenance bond after completion, and specialty bonds for subdivisions, developers and Tarion. This guide maps each one so you can read a contract’s bond clause and know what your client needs.

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The 60-second version

What you need to know before you call the client back.

Three answers for the broker who has a contractor on the other line. The full guide is below for when you have ten minutes.

What they are

Surety guarantees that attach to a construction contract at different points. Each protects a different party against a different failure: a bidder walking, a contractor not finishing, trades not getting paid, defects after handover, or municipal services not being built.

When your client needs them

The contract and tender documents say which bonds, in what amount and on what form. Public work in Ontario at $500,000 and up requires performance and payment bonds by law. Everything else is set by the owner, lender or general contractor.

What you send

The bond clause and bond forms from the contract, plus the contractor file: financial statements, work-in-progress schedule, owners' personal financial statements, bank and insurance details, resume of completed work.

The full guide

The broker's guide to construction bonds.

The bond lifecycle of a construction project

Think of bonds as attached to stages, not to the contractor in general.

StageBond or documentProtectsTypical amount
Pre-qualification (RFQ)Pre-qualification letterOwner shortlistingNot a bond
TenderBid bond and consent of suretyOwner, if the low bidder walksBid bond 10% of the bid
AwardPerformance bondOwner, if the work is not completed50% of the contract (sometimes 100%)
AwardLabour and material payment bondSubtrades and suppliers50% of the contract
CompletionMaintenance bondOwner, for defects in the warranty periodSet by contract, often a share of contract value for one to two years
DevelopmentSubdivision and developer bonds, Tarion bondsMunicipality or warranty programSet by the municipality or program

How to read a bond clause in a contract

Find the section headed bonds, security or contract security. It should tell you four things: which bonds are required, the percentage of the contract value for each, the form (CCDC 221 and 222, an owner's own form, or a prescribed provincial form), and when they are due, usually within a set number of days of award. If any of the four is missing, ask the owner before bid day. If the form is non-standard, send it to us. Wording differences change what the surety is agreeing to.

Maintenance bonds

A maintenance bond guarantees the contractor will fix defects that show up after the work is accepted, for the period the contract sets. Many performance bonds already run through a one-year warranty period, so a separate maintenance bond usually appears when an owner wants longer coverage or a specific amount after handover. Municipal servicing and roadwork are common examples.

Subdivision, developer and Tarion bonds

Developers face their own bond requirements. Municipalities require subdivision or site improvement security before releasing a plan, to guarantee that roads, sewers and services get built. Ontario's new-home warranty program requires security from builders. These are commercial surety instruments rather than contract bonds, with their own underwriting, and we place them alongside the contract program. See developer bonds and Tarion bonds.

Bonding capacity: single job and aggregate

When a surety approves a contractor, it sets two numbers: the largest single job it will bond, and the total bonded work the contractor can carry at once. Both come from the file, chiefly working capital, net worth, the work-in-progress schedule and the largest job completed. Capacity grows as the balance sheet and the track record grow. If your client is being asked to bid work well above anything it has finished, that is the conversation to have early, because it shapes the whole program. We set capacity per contractor and do not publish limits.

Bonds and the insurance program

Bonds do not replace builders risk, liability or wrap-up coverage, and a bond clause often sits beside an insurance clause in the same contract. Read both. Approved places construction insurance for the same clients: builders risk, residential course of construction and specialty contractors liability. One file, one submission inbox.

What to send

The submission that gets a fast read.

Underwriters move fast on files that give them what they need and slow on files that make them chase. Send the package below to submit@approvedcasualty.com or through the bond request form, and tell us the closing date in the first line.

  1. 01
    Contractor financial statements

    The last two to three fiscal year-ends. Notice to reader is a starting point; review engagement or audited statements carry more weight on larger requests.

  2. 02
    Interim financials and a work-in-progress schedule

    What is on the go now, what is billed and what is left to complete. The WIP schedule tells the underwriter how much the contractor already carries.

  3. 03
    Personal financial statements

    For the owners. This shows the net worth standing behind the company and the indemnity.

  4. 04
    Bank and broker information

    Operating line size and usage, and the contractor's current insurance program.

  5. 05
    The project details

    Owner, contract value, scope, schedule and the bonds required. For a bid, the full tender package including the bond forms.

  6. 06
    Resume of experience

    The contractor's largest and most relevant completed projects. The capacity story on one page.

The 90-second bondability check

If the contractor clears all five, the file is worth sending today.

  • They finish what they start: no pattern of abandoned jobs, liens or unpaid trades.
  • Their largest completed job is in the same range as the work to be bonded.
  • Current financial statements with positive working capital.
  • They are bidding work in their own trade and territory.
  • The owners will sign a personal indemnity and can show net worth behind it.

Every bond is subject to underwriting. Capacity, terms and premium are set from the file. Nothing on this page is a commitment to issue a bond.

Contractor financial statements and a work-in-progress schedule on an underwriter's desk

Where the work is

Provincial and cross-border notes.

Ontario

The Construction Act requires 50% performance and 50% labour and material payment bonds on public contracts of $500,000 and up, in prescribed forms. Tarion security applies to new-home builders. Prompt payment and adjudication apply to construction contracts.

Western Canada

Bond requirements are set in tender and contract documents; municipal subdivision security varies by municipality. Files placed through Surwest Surety Source in Calgary.

Federal and US

Federal contracts use PSPC forms. US projects follow US bonding conventions, often 100% performance and payment bonds, through the USA bonding program.

Approved places business across Canada outside Quebec. Western Canada surety files are handled by Surwest Surety Source; US bonds through the USA bonding program.

Broker FAQ

The questions brokers ask on the first call.

Not covered here? Call 1-877-495-8777 and ask for the surety desk.

What are the main types of construction bonds in Canada?

Bid bonds at tender, performance bonds and labour and material payment bonds at award, maintenance bonds after completion, and subdivision, developer and Tarion bonds for development work.

Are construction bonds insurance?

No. A bond is a credit guarantee. The surety expects no loss and the contractor repays anything the surety pays out under the indemnity agreement. Insurance prices in expected losses; surety does not.

How much do construction bonds cost?

Bid bonds are often issued under a facility at little or no per-bond charge. Performance and payment bonds are quoted together as a percentage of the contract value, set per file. There is no published rate.

What is bonding capacity?

The largest single job and the total bonded work a surety will support for a contractor, set from the financial statements, work in progress and track record. It grows with the business.

When are construction bonds mandatory?

On Ontario public work of $500,000 and up, by law. Elsewhere, when the tender, contract, lender or general contractor requires them, which on public work is nearly always.

Can a small or new contractor get bonded?

Often, yes, within capacity that fits the balance sheet and the work completed to date. First bonds are a normal file for us. Send the financials and the job and we tell you what is possible.

Who do I call if a contract has a bond form I have never seen?

Us. Send the form and the clause with the file. Owner-specific wording is routine, and reading it is part of placing the bond.

From the blog

Contract bond articles for brokers.

Next step

Have a contractor who needs a bond? Send the file.

Use the bond request form below, email the package to submit@approvedcasualty.com, or call and ask for the surety desk. A surety underwriter reviews every request and comes back with next steps or questions.

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