A bid bond is a legally binding contract among three parties known as the “obligee,” the “principal,” and the “surety”:
- The project owner requiring the purchase of a bid bond is the obligee
- The contractor bidding on the job is the principal
- The company guaranteeing the payment of claims is the surety
If the principal violates any of the terms of the bid bond agreement, the obligee can file a claim against the bond and be compensated for the resulting financial loss, up to the bond’s full penal sum.
The principal is legally obligated to pay valid claims against the bid bond, and the surety guarantees that any claim the surety determines to be legitimate will be paid. Consequently, the surety typically pays a claim initially and is then reimbursed by the principal. That payment made on the principal’s behalf does not relieve the principal’s obligation; it merely shifts it from paying the claimant directly to repaying the surety.