Bid Bonds
Part 1: What Is a Bid Bond, and Do You Need One?
If you have ever bid on a public construction project in North Carolina, you have probably run into a line in the bid documents that says something like "bid security in the amount of 5% of the bid" is required. That is your bid bond, and if you skip it, your bid gets tossed out before anyone even looks at your numbers.
Here is the plain English version of what a bid bond actually does.
What a bid bond is
A bid bond is a three party agreement between you (the contractor, called the principal), the project owner (called the obligee, often a city, county, or the NCDOT), and a surety company that backs your promise. When you submit a bid with a bond attached, you are telling the owner two things: first, that if you win, you will actually sign the contract at the price you bid, and second, that you will provide the performance and payment bonds required to move forward.
If you win the bid and then walk away, or you cannot get your performance bond in place, the bid bond protects the owner. The surety company covers the difference between your bid and the next lowest responsible bid, up to the bond amount. That is what "bid security" is really securing.
Who needs one
Any contractor bidding on a public project where the bid documents call for bid security needs a bid bond. This is not optional and not negotiable. Some private owners request them too, especially on larger commercial jobs, but the vast majority of bid bonds we write are tied to public lettings: municipal projects, county projects, school construction, and NCDOT work.
What triggers the need for one
The trigger is simple: it is written into the bid documents or the Invitation to Bid. If the solicitation says bid security is required, and you do not include a compliant bid bond (or in some cases a certified check) with your bid package, your bid is considered non-responsive. It will not be evaluated, no matter how good your price is. We see this trip up smaller and newer contractors more than anyone. They have the crew, they have the equipment, they have the price dialed in, but they lose the job on a technicality because the bond never got attached.
Why this matters more than people realize
A bid bond is not really about the 5% number on the page. It is your ticket into the room. Owners use the bonding requirement to pre-screen who is financially and operationally capable of actually performing the work if they win. That is a good thing for serious contractors, because it keeps unqualified bidders from lowballing a job they could never finish.
In the next post, we will get into which industries run into bid bond requirements most often, and why it goes well beyond general contractors and road builders.
If you have a bid due soon and are not sure whether you can get bonded in time, reach out to Emerald Insurance Advocates. We move fast on this exact situation.
You can always request a bond directly from our website and usually secure same day bonding with ease.
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