Contract bonding

Labour and material payment bonds, so the trades get paid and your client keeps the job.

A labour and material payment bond guarantees that subcontractors and suppliers on a bonded project are paid for the work and materials they put in. Owners require it beside the performance bond to keep liens off the project. Approved issues payment bonds for brokers across Canada from the same file as the performance bond.

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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 it is

A bond for the people downstream of your client. If the contractor does not pay a subtrade or supplier for labour or materials on the bonded job, the claimant can look to the surety, within the notice periods the bond sets. The surety pays valid claims and recovers from the contractor.

When your client needs one

Whenever the performance bond is required, in practice. Ontario public work of $500,000 and up requires both by law. Private owners and general contractors require payment bonds to keep liens and payment disputes off the project.

What you send

Nothing extra if the performance bond is already in hand: the payment bond issues from the same contract and file. For a new file, the contract, the bond form, the contractor's financials and work-in-progress schedule.

The full guide

The broker's guide to labour and material payment bonds.

How a payment bond protects the project

Owners worry about two failures: the contractor not finishing, and the contractor not paying the people who did the work. The performance bond covers the first. The labour and material payment bond covers the second. Without it, an unpaid subtrade liens the property and the owner ends up paying twice. With it, the claimant has a surety to look to and the owner's title stays clean.

For your client, the payment bond is also a sales tool. Subtrades and suppliers extend better terms to a contractor whose jobs are bonded, because they know they will be paid.

Who can claim on a payment bond

The CCDC 222 form defines a claimant as a party with a direct contract with the principal for labour, material or both used in the bonded contract. First-tier subcontractors and suppliers are the usual claimants. Second-tier parties (a supplier to a subcontractor) may or may not qualify depending on the form and the wording the owner used. The 2024 edition sets out notice requirements and timelines for claimants in more detail, including how long a claimant has to give notice after last supplying to the job. We read the claimant and notice provisions for you when an owner uses a non-standard form.

Payment bond and performance bond together

In Canada the two bonds are twins. Both are usually 50% of the contract value, both are issued at award from the same underwriting file, and the premium is normally quoted for the pair. An owner that requires one and not the other is unusual and worth a question. If you only ever hear a client say "performance bond," assume the payment bond is coming too.

Performance bondLabour and material payment bond
ProtectsThe ownerSubtrades and suppliers (and, indirectly, the owner's title)
Triggered byContractor default on the workNon-payment for labour or materials
Typical amount50% (sometimes 100%)50%
Standard formCCDC 221CCDC 222

Prompt payment, adjudication and the payment bond

Ontario's Construction Act now sets payment timelines down the contract chain and a fast adjudication process for payment disputes. Similar rules are in force federally and in several provinces. The payment bond sits beside those rules, not in place of them: a subtrade can pursue prompt payment remedies and still claim on the bond if it is not paid. For your client, that means payment discipline matters more than it used to. A pattern of late payment to trades shows up in the file and in the surety's view of character.

What a claim looks like

A claimant gives written notice within the period the bond sets, states what is owed and for what, and the surety investigates. Legitimate claims for work done and materials supplied are paid, within the bond amount, and the contractor repays the surety under the indemnity agreement. Disputed amounts, back-charges and defective work are sorted out in the investigation. The best outcome for everyone is a contractor that pays its trades on time, which is one of the things the underwriter is trying to predict.

What brokers new to surety get wrong here

  • Quoting the performance bond and forgetting the payment bond is required too.
  • Assuming the payment bond protects the owner directly. It protects the trades; the owner benefits because liens stay off.
  • Missing the notice periods when a subtrade calls asking how to claim. Send them the bond and call us.
  • Treating the payment bond as insurance for the contractor. It is a guarantee the contractor repays.

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

Public contracts of $500,000 or more require a labour and material payment bond at 50% of the contract price under section 85.1 of the Construction Act, in the prescribed form. Prompt payment and adjudication apply to the underlying contract.

Western Canada

Required by tender and contract on most public work; prompt payment legislation is in force in Alberta and Saskatchewan. Files placed through Surwest Surety Source in Calgary.

Federal and US

Federal contracts use PSPC payment bond forms. US projects use US payment bond forms with their own claimant rules, 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.

Is a payment bond the same as a performance bond?

No. The performance bond guarantees the work is completed. The payment bond guarantees subtrades and suppliers are paid. They are issued together and usually each 50% of the contract value.

Who is covered by a labour and material payment bond?

Claimants as the bond defines them, normally parties with a direct contract with the bonded contractor for labour or materials on that job. Lower tiers depend on the form wording.

How long does a subtrade have to make a claim?

The bond form sets the notice periods, and the 2024 CCDC 222 form spells them out. If a subtrade asks you, send them a copy of the bond and call us the same day.

Does a payment bond stop liens?

It does not prevent a lien from being registered, but it gives unpaid trades a surety to claim against, which is why owners require it. Lien rights are governed by provincial construction legislation.

Does my client need a payment bond on private work?

Only when the owner, lender or general contractor requires it. Many do, especially on larger projects.

What does a payment bond cost?

It is usually quoted together with the performance bond as one premium, a percentage of the contract value set per file. Ask for the pair.

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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