00615 Payment Bond C-615-200200615-1
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
OWNER (Name and Address):
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
CONTRACT
Date: _________________________________________________
Amount: ______________________________________________
Description (Name and Location):
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
BOND
Bond Number: _________________________________________
Date (Not earlier than Contract Date): _______________________
Amount: ______________________________________________
Modifications to this Bond Form:
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this
Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
Company:
Signature: (Seal) (Seal)
Name and Title: Surety’s Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
(Space is provided below for signatures of additional
parties, if required.)
Attest:
Signature and Title
CONTRACTOR AS PRINCIPAL SURETY
Company:
Signature: (Seal) (Seal)
Name and Title: Surety’s Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No. C-615 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
00615-2
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants for use in the performance of
the Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies, and holds harmless Owner from all claims,
demands, liens, or suits alleging non-payment by Contractor by any
person or entity who furnished labor, materials, or equipment for use in
the performance of the Contract, provided Owner has promptly notified
Contractor and Surety (at the addresses described in Paragraph 12) of
any claims, demands, liens, or suits and tendered defense of such
claims, demands, liens, or suits to Contractor and Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor
promptly makes payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with
Contractor have given notice to Surety (at the addresses described in
Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that
a claim is being made under this Bond and, with substantial accuracy,
the amount of the claim.
4.2. Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy, or
notice thereof, to Owner, within 90 days after having last performed
labor or last furnished materials or equipment included in the claim
stating, with substantial accuracy, the amount of the claim and the
name of the party to whom the materials or equipment were
furnished or supplied, or for whom the labor was done or
performed; and
2. Have either received a rejection in whole or in part from Contractor,
or not received within 30 days of furnishing the above notice any
communication from Contractor by which Contractor had indicated
the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a written
notice to Surety and sent a copy, or notice thereof, to Owner, stating
that a claim is being made under this Bond and enclosing a copy of
the previous written notice furnished to Contractor.
5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to
Contractor or to Surety, that is sufficient compliance.
6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall
promptly and at Surety's expense take the following actions:
6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days
after receipt of the claim, stating the amounts that are undisputed and
the basis for challenging any amounts that are disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. Surety's total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by
Surety.
8. Amounts owed by Owner to Contractor under the Contract shall be used for
the performance of the Contract and to satisfy claims, if any, under any
performance bond. By Contractor furnishing and Owner accepting this Bond,
they agree that all funds earned by Contractor in the performance of the Contract
are dedicated to satisfy obligations of Contractor and Surety under this Bond,
subject to Owner's priority to use the funds for the completion of the Work.
9. Surety shall not be liable to Owner, Claimants, or others for obligations of
Contractor that are unrelated to the Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall
have under this Bond no obligations to make payments to, give notices on behalf
of, or otherwise have obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change, including changes of time, to the
Contract or to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in which the Work or
part of the Work is located or after the expiration of one year from the date (1)
on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph
4.2.3, or (2) on which the last labor or service was performed by anyone or the
last materials or equipment were furnished by anyone under the Construction
Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph
are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
addresses shown on the signature page. Actual receipt of notice by Surety,
Owner, or Contractor, however accomplished, shall be sufficient compliance as
of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory requirement
in the location where the Contract was to be performed, any provision in this
Bond conflicting with said statutory requirement shall be deemed deleted
herefrom and provisions conforming to such statutory requirement shall be
deemed incorporated herein. The intent is that this Bond shall be construed as a
statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary
of this Bond, Contractor shall promptly furnish a copy of this Bond or shall
permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with
Contractor, or with a first-tier subcontractor of Contractor, to furnish
labor, materials, or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without limitation
in the terms "labor, materials or equipment" that part of water, gas,
power, light, heat, oil, gasoline, telephone service, or rental equipment
used in the Contract, architectural and engineering services required for
performance of the Work of Contractor and Contractor's
Subcontractors, and all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials, or equipment
were furnished.
15.2. Contract: The agreement between Owner and Contractor identified on
the signature page, including all Contract Documents and changes
thereto.
15.3. Owner Default: Failure of Owner, which has neither been remedied nor
waived, to pay Contractor as required by the Contract or to perform and
complete or comply with the other terms thereof.
FOR INFORMATION ONLY – Name, Address and Telephone
Surety Agency or Broker:
Owner’s Representative (engineer or other party):