Bonds & Insurance

18% of this exam

Who is protected by which bond or policy, and what the surety does when a contractor defaults. The core skill is matching: performance bond → owner gets completion; payment bond → subs and suppliers get paid; builder's risk → the work itself; general liability → third parties.

Core concepts

The three bonds protect different people

A bid bond guarantees the bidder will sign and bond the job. A performance bond guarantees the owner that the work will be completed per the contract. A payment bond guarantees subcontractors, laborers, and suppliers will be paid — on bonded projects (and public property exempt from liens) they claim against the bond instead of liening (FS 713.23).

A bond is not insurance

A bond is a three-party guarantee: principal (contractor), obligee (owner), surety. The penal sum — commonly 100% of the contract price — is the cap on the surety's liability, and the surety expects the contractor to repay whatever it pays out.

Surety options after default

When the owner properly declares default, the performance bond surety may: take over and complete the work itself (takeover), tender a replacement contractor to the owner, finance the original contractor to finish, or pay the owner the cost to complete up to the penal sum.

Insurance matches the loss

Builder's risk: physical loss to the work under construction (fire, wind, vandalism). CGL: third-party bodily injury and property damage. Workers' comp: employee injuries. Additional insured status puts a sub's insurer behind the GC and owner for liability arising from the sub's work; a waiver of subrogation stops the property insurer from suing project participants for losses it covered.

Key facts to know cold

Performance bondGuarantees completion per contract terms — protects the owner (AIA A312)
Payment bondGuarantees payment to subs and suppliers (AIA A312; FS 713.23 exempts bonded property from liens)
Penal sumThe surety's maximum liability, typically 100% of contract price
Surety default optionsTakeover, tender a new contractor, finance the principal, or pay the cost to complete
Builder's riskProperty insurance on the work itself during construction
Waiver of subrogationInsurer cannot pursue project parties for losses the property policy covered (A201 Art. 11)

Where it lives in your books

The real exam is open book. Knowing which book — and which tab — answers this domain is worth as much as memorizing it.

Lookup strategy

  • · Bond mechanics (penal sum, surety options, claim procedure) are in the A312 forms; insurance requirements and the subrogation waiver are A201 Article 11.
  • · Payment-bond-instead-of-lien questions point to FS 713.23 — the bond exempts the property and routes claimants to the surety.

Reading isn't learning — retrieval is.

12 questions in this domain, each with an explanation and source.