Surety Obligations for Performance and Payment Bonds in Contractor Default

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In the case of a contractor defaulting with a performance bond and payment bond each valued at $100,000, the surety may be liable for the unpaid bills totaling $120,000. The owner paid the original contractor $540,000 for 60 percent of the $1,000,000 contract but incurred an additional $475,000 to complete the project with a new contractor. The surety's obligation includes covering the unpaid bills and potentially the difference in costs between the original and new contractor, which raises the total liability to approximately $215,000. The discussion emphasizes the need for clarity on surety obligations in construction contracts. Consulting a legal expert is recommended for specific claims and obligations.
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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 I am thinking is that the surety would have to pay $215,000 to the owner.
 
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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.
 
This is an engineering question. Mainly pertaining to a design and build engineering project. (Fictional construction project)
 
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