# Performance and payment bonds

1. Jun 24, 2009

### bobbarkernar

A contractor furnished a performance bond having a face value of $100,000 and a payment bond of$100,000. The contract price was a lump sum of $1,000,000. The contractor had completed 60 percent of the work and had been paid$540,000 by the owner. Then the contractor defaulted, leaving unpaid bills to workmen and suppliers of $120,000. The owner engaged another contractor to finish the job for$475,000. Does the surety for the performance and payment bonds have to pay anything to the owner? If so, how much, and why?

What I thought was that the Surety would need to pay the full $100,000 of the performance and the full$100,000 of the payment bonds. However I am not sure if the surety would also be required to pay the difference between the new contractor finishing cost of $475,000 and the$460,000 finishing cost of the first contractor.
All together what im thinking is that the surety would have to pay \$215,000 to the owner.

2. Jun 24, 2009

### Topher925

Why the hell are you asking this in a physics forum? Go contact a local claims lawyer for matters like this, don't post them in the Engineering Systems and Design section.

3. Jun 24, 2009

### bobbarkernar

This is an engineering question. Mainly pertaining to a design and build engineering project. (Fictional construction project)

Last edited: Jun 24, 2009
4. Jun 25, 2009