An Illinois contractor license bond, statewide or local, is legally binding on three parties:
- The government agency requiring the bond is the bond’s “obligee,”
- The contractor purchasing the bond is the bond’s “principal,” and
- The party guaranteeing the bond is the “surety.”
A claim may be filed by the injured party when the principal’s unlawful or unethical business conduct results in financial harm to a client. The principal is legally obligated to pay any claim the surety finds to be valid up to the required amount of the bond (also called the bond’s “penal sum”).
However, the surety has guaranteed the bond, meaning that the surety will extend credit to the principal if necessary to pay a valid claim. To expedite the process, the surety will pay the claimant directly and allow the principal a certain period of time in which to repay the resulting debt to the surety. Not being repaid for that debt gives the surety the right to take legal action against the principal to recover the funds.