The performance bond is for the good thing about the bond obligee, providing security the agreement or subcontract will be completed within a well timed and workmanlike manner.  Within a Miller Act or Tiny Miller Act project, the bond obligee is The federal government proprietor. A private owner could also demand a performance bond from the overall contractor.
A performance bond will guard the owner from feasible losses in the situation a contractor fails to complete or is unable to provide the project as per founded plus the agreement provisions.
Observe which the Maryland Code prohibits any waiver of payment bond legal rights that is contained within an executory construction deal.
A claimant remains not permitted to file fit about the bond until eventually ninety times after the previous provide of labor and components for which the declare is produced.
Claimants by using a direct agreement with the key contractor usually are not required to supply notice of their bond declare right up until filing fit. All other claimants have to provide written recognize “in ninety times once the labor or products for which the assert is created were being last provided.”  The discover needs to be despatched Qualified mail into the primary contractor’s home or Workplace, and will have to condition with substantial accuracy both the amount claimed, the individual to whom the labor or substance was provided.
 Regardless of whether there are prior payment challenges, a maker will not likely have bond rights by merely fabricating the elements and storing them, unless the materials merchandise had been wrongfully rejected or supply refused by the buyer. 
Payment through the performance bond is available only for the undertaking/house proprietor and no-one else may make statements towards it.
The surety and bond principal may voluntarily issue on their own to this liability, even though It is far from essential by statute. This really is talked over even more during the area on Bond Sorts underneath.
Some authorities companies require subcontractor bonds Along with a typical contractor bond. The general contractor will have to look at the greater subcontract fees when bidding this kind of project. Many common contractors think that The federal government really should enable them to come to a decision no matter whether to acquire this risk. The overall contractor’s bond will nevertheless cover the statements of most lessen tier contractors whether or not no subcontractor bonds are required.
To start with tier claimants offer immediately Together with the key contractor. They are really lined assuming that they provided labor or materials employed “during the prosecution of your function.”
It's going to be essential to get a replica in the bond, or no less than find out the title of your bonding enterprise, in order to file accommodate within the bond. A claimant Ordinarily features a yr soon after past work to file fit, nonetheless, so This can be fewer often a time pressure issue.
Fits to enforce bond legal rights may be brought in the District of Columbia Superior Court in just one yr once the previous provide of labor or supplies.  Satisfies can also be introduced in federal court if range or other grounds for federal jurisdiction exist. 
Any primary contractor might call for payment bonds from their subcontractors. These subcontractor bonds are not needed by statute, Therefore the protection required from the bond is just not dictated by legislation. On the federal venture, the general contractor’s bond can be a Miller Act bond. On the other hand, a subcontractor bond will not be a Miller Act bond over a federal task. It really is A non-public bond.  As talked over down below inside the subsection on Bond Varieties, a claimant can not make any assumptions regarding the protection furnished by the bond or treatment to adhere to.
The surety can not, on the other hand, assert any greater rights compared to the bond principal. The surety has priority in excess of the agreement stability only on the extent it paid out bills in undertaking the agreement.