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Surety Bond Form

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SURETY BOND

This Surety Bond is entered into as of Effective Date: , , by and between Principal Name: with principal business address: (hereinafter "Principal"), and Surety Name: with principal place of business: (hereinafter "Surety"), for the benefit of Obligee Name: , Obligee address: .

RECITALS

WHEREAS, Obligee has required as a condition to issuing or accepting certain obligations that Principal furnish a surety bond to secure Principal's faithful performance of the obligation described below; and

WHEREAS, Principal has entered into an underlying obligation described as: The obligation is evidenced by Contract/Instrument Date: .

WHEREAS, Surety is duly authorized to transact surety business and is willing to execute this Bond conditioned upon the terms and undertakings set forth herein.

NOW, THEREFORE

For value received, Principal and Surety hereby jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to Obligee in the penal sum set forth above, subject to the terms and conditions below.

1. BOND OBLIGATION

1.1 Obligation. Subject to the limitations of this instrument, Surety guarantees to Obligee the full and faithful performance by Principal of the obligations described in the recitals and any related contract, permit, license, or statute referenced herein. If Principal fails to perform or otherwise defaults under the underlying obligation, Surety shall, upon receipt of written claim complying with Section 4 below, pay to Obligee the amount of actual loss sustained by Obligee up to the Penal Sum, or, at Surety's option, undertake performance to cure such default in accordance with this Bond and applicable law.

2. PENAL SUM; PAYMENTS

2.1 Amount and Limit. The liability of Surety under this Bond shall not exceed the Penal Sum set forth above, which constitutes the aggregate maximum recovery available to Obligee from Surety irrespective of the number of claims or claimants.

2.2 Payment. Payments by Surety under this Bond shall be made to Obligee within thirty (30) calendar days after receipt by Surety of a valid written demand and evidence reasonably demonstrating Principal's default and Obligee's resulting damage. Any payment made by Surety shall reduce the Penal Sum by the amount of such payment.

3. TERM; TERMINATION

3.1 Term. This Bond shall become effective on the Effective Date specified above and shall remain in effect until the earlier of: (a) full discharge of the underlying obligation; or (b) termination in accordance with section 3.2.

3.2 Termination. Surety may terminate its future liability under this Bond by providing written notice to Obligee and Principal at the addresses set forth in this Bond, accompanied by any state-required proof of notice. Termination shall become effective thirty (30) days after receipt of such notice by Obligee; provided, however, that termination shall not affect liability for defaults occurring prior to the effective date of termination.

4. NOTICE; CLAIMS; ACTIONS

4.1 Notice of Default. Obligee must give Surety written notice of any claimed default by Principal specifying the nature of the alleged default, the relief requested, and the amount claimed. Notices must be delivered to the addresses for Surety specified in this Bond or to such other address as Surety may designate in writing.

5. INDEMNITY; SUBROGATION

5.1 Indemnity. Principal shall indemnify and hold harmless Surety from and against any and all losses, costs, expenses (including reasonable attorneys' fees and litigation costs), claims and liabilities that Surety may incur by reason of executing this Bond, enforcing the terms of this Bond, or paying any claims hereunder.

5.2 Subrogation. Upon payment of any sum or performance by Surety under this Bond, Surety shall be subrogated to the rights of Obligee against Principal to the extent of such payment, and Principal shall execute any documents reasonably required to evidence such subrogation.

6. REMEDIES; LIMITATIONS

6.1 Remedies. The remedies provided in this Bond are cumulative and in addition to any other remedies available to Obligee at law or in equity; provided, however, that Obligee shall not seek or recover from Surety an amount in excess of the Penal Sum.

6.2 No Waiver. Failure by Obligee to enforce any provision of this Bond shall not constitute a waiver of the right to enforce that provision or any other provision at a later time.

7. REPRESENTATIONS; AUTHORITY

7.1 Corporate Authority. Each party represents and warrants that it has full right, power, and authority to enter into and perform this Bond and that the individuals signing below are authorized to execute this Bond on its behalf.

I certify that a current Power of Attorney authorizing the above-named Attorney-in-Fact to execute this Bond on behalf of Surety is on file with Obligee or will be provided upon request.

8. GOVERNING LAW

This Bond shall be governed by and construed in accordance with the substantive laws of the jurisdiction in which the Obligee is located, without regard to conflict of law principles that would result in the application of the law of another jurisdiction.

9. ENTIRE AGREEMENT

This Bond constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations, or agreements, whether written or oral, relating to the same subject.

10. SEVERABILITY

If any provision of this Bond is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to effect the original intent of the parties to the maximum extent permitted by law.

11. AMENDMENT; WAIVER; COUNTERPARTS

No amendment, modification or waiver of any provision of this Bond will be effective unless in writing and signed by the party against whom enforcement is sought. This Bond may be executed in counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument.

12. CERTIFICATIONS

Each signatory below certifies under penalty of perjury and for the benefit of Obligee that they are authorized to execute this Bond on behalf of the party for whom they sign, that the information provided in this Bond is true and correct to the best of their knowledge, and that execution of this Bond is a legally binding obligation.

Principal Printed Name:

By:

Date:

Surety Printed Name:

By:

Date:

Enter text✕

What the Surety Bond Form Is and when it applies

A Surety Bond Form is a written instrument that guarantees performance, payment, fidelity, or compliance by one party (the principal) to another (the obligee), backed by a surety company. Bonds are used across construction, procurement, licensing, and court-related contexts to transfer financial risk and provide a statutory or contractual remedy if the principal defaults. The form records the parties, bond amount, obligations covered, effective and expiry dates, and signatures of the principal, surety, and often a notary or authorized agent to create an enforceable guarantee under state law.

Why using a standardized Surety Bond Form matters

A professional Surety Bond Form clarifies parties, scope, and limits, reducing disputes and speeding claims processing. It supports enforceability by documenting the obligation, amount, and execution details required by courts and government agencies.

Why using a standardized Surety Bond Form matters

Who commonly completes and signs Surety Bond Forms

The Surety Bond Form is prepared by a principal and issued by a surety, then reviewed by the obligee and often recorded or filed with a public office.

  • Construction contractors and subcontractors providing performance and payment bonds for public or private projects.
  • Government procurement officers and obligees who require bonds to secure contract performance.
  • Surety underwriters and insurance brokers who issue bonds and verify principal credit and project details.

Different participants may attach additional documents—power of attorney from the surety, contractor licenses, or procurement contracts—before final acceptance.

Step-by-step: completing a Surety Bond Form

Follow these steps to complete the form accurately and reduce the risk of rejection or a claim denial.

  • 01
    Prepare Parties: Enter principal, obligee, and surety legal names exactly.
  • 02
    Specify Bond: State bond type, penal sum, and conditions covered.
  • 03
    Dates: Use MM/DD/YYYY for effective and expiration dates.
  • 04
    Execution: Collect signatures, surety seal, and notarization where required.

Typical routing and acceptance process for a bond

A common workflow ensures legal validation and timely filing with the contracting authority or public registry.

  • Issue: Surety issues the bond after underwriting and premium payment.
  • Execute: Principal and surety sign; include required attachments.
  • Notarize: Obtain notary acknowledgement if the obligee or state requires it.
  • Submit: Deliver to the obligee and file with any required public office.

Key form settings for digital completion

Configure the digital form to match the paper workflow and reduce manual steps.

Field Configuration
Signature Field Required | assign to signer, set date auto-fill
Notary Block Optional | include jurat and seal image placeholder
Power of Attorney Attachment | allow upload and require check
Audit Trail Enabled | capture IP, timestamp, and signer email

Essential elements included in a professional Surety Bond Form

A complete form collects party identification, obligation language, financial limits, and execution details to ensure clarity and enforceability across jurisdictions.

Parties

Clear identification of principal, obligee, and surety with full legal names, addresses, and corporate identifiers to avoid ambiguity in enforcement or claims.

Bonded Obligation

Precise statement of the obligation being secured—performance, payment, or statutory compliance—so the bond scope matches the underlying contract or statute.

Penal Sum

The maximum monetary liability of the surety, stated in both numerals and words, and tied to a clear metric for calculation or partial claims.

Conditions

Contractual or statutory conditions that trigger surety liability, including notice and cure periods, claim procedures, and dispute resolution provisions.

Execution and Authority

Signatures, surety seal, and attaching a power of attorney or equivalent evidence that the signatory is authorized to bind the surety company.

Notices and Filing

Designated contact and address for notice, plus filing instructions if the obligee or state requires recordation with a clerk or agency.

Security and compliance items to record on digital bonds

Encryption: AES-256 at rest
Transport: TLS 1.2/1.3
Audit Trail: IP, timestamp, email
Certifications: SOC 2 Type II
Regulatory: ESIGN and UETA
Healthcare: HIPAA (BAA required)

Practical tips to prepare valid Surety Bond Forms

Adopt consistent practices so bonds are accepted on first submission and remain enforceable if a claim arises.

Match names and entity types
Confirm that the principal and surety names match corporate formation and licensing documents; use exact punctuation and abbreviations as in registration records to avoid acceptance delays.
Attach supporting documents
Include the underlying contract, power of attorney for the surety signatory, and evidence of licensing to ensure the obligee can verify authority without additional requests.
Document execution details
Record the signing location, printed names, titles, and contact information for each signer; this information supports attribution and identification in disputes.
Confirm filing requirements
Check whether the obligee, agency, or county requires recordation, additional witness signatures, or a specific form version and follow those instructions exactly.

Common mistakes that delay bond acceptance

  • Using trade names or abbreviations instead of the principal's legal entity name, causing the obligee to reject the bond.
  • Failing to attach the surety's power of attorney or using an expired power of attorney for the signing agent.
  • Omitting the surety seal or using an electronic image when a notarized original is required by the obligee.
  • Entering inconsistent bond amounts in numerals and words, creating ambiguity that obliges re-execution.

Consequences of an incorrect or incomplete Surety Bond Form

Rejection: Bond may be rejected
Claim Denial: Insurer may deny claim
Contract Default: Obligee may declare default
Financial Exposure: Principal liable for losses
Legal Costs: Litigation or defense expenses
Regulatory Sanctions: State agency penalties possible

Comparison: signNow and common eSignature vendors for Surety Bond handling

Vendor-level pricing and core capabilities vary; signNow is listed first per vendor comparison conventions and available pricing reflects typical annual billing tiers.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Key timing considerations for bond effectiveness and claims

Observe these timelines to ensure bonds are valid when performance starts and to preserve claim rights.

Effective Date:

As stated on bond — determines coverage start

Filing Before Start:

Some obligees require the bond filed before contract work begins

Claim Notice Period:

Statutory or contract notices often require prompt written notice; timing varies by jurisdiction

Cancellation Notice:

Sureties often provide 30-day written notice prior to termination, subject to state rules

Renewal:

Renewal or extension must be executed before expiry to maintain continuous coverage

Representative use cases for Surety Bond Forms

These concise scenarios show how bonds function in common workflows and what documentation each party typically provides.

Construction Prime

A general contractor must supply a performance bond for a public project

  • The surety underwrites based on financials and contract value
  • The obligee accepts the bond after verifying the surety appears on an approved list and the bond references the contract number.

Permit Compliance

A developer posts a bond to guarantee completion of public improvements

  • Municipality requires original bond and recording instructions
  • The bond stays in force until improvements pass inspection and the municipality issues a release.

Digital signing and system integrations for bond workflows

Ensure the eSignature provider supports required export formats, audit trails, and any agency-specific submission interfaces before relying on fully electronic workflows.

  • Common Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace, Procore
  • Supported Formats: PDF, Word DOCX, and secure HTML output
  • Authentication: Email, SMS code, or advanced signer authentication where required

Frequently asked questions about completing and submitting Surety Bond Forms

Answers to common execution, filing, and legal questions encountered when preparing surety bonds.


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