Compliance · 11 min read

Bid bonds vs performance bonds: a Canadian contractor's guide

A bid bond is submitted with your bid and guarantees you'll enter into the contract if you win. It's typically 10 percent of bid value, issued on CCDC form 220. A performance bond is issued at contract award and guarantees you'll complete the work. It's typically 50 percent of contract value, on CCDC form 221. The bid bond protects the owner from a winning bidder who walks away. The performance bond protects the owner from a contractor who fails mid-project. Most Canadian government construction tenders above $100,000 require both, plus a labour and material payment bond on CCDC 222.

The side-by-side, in 60 seconds

 Bid bondPerformance bond
When requiredAt bid submissionAt contract award
Face valueTypically 10% of bid amountTypically 50% of contract value
CCDC formCCDC 220CCDC 221
What it protectsOwner if winning bidder refuses to enter the contractOwner if contractor fails to complete the work
DurationBid validity period (60 to 90 days)Construction period plus warranty (often 12 months after substantial completion)
Typical premium1% to 3% of bond face value, often flat $250 to $750 for SMB sizes0.5% to 1.5% of contract value, paid once
Risk to suretyLow. Contractor must enter the contract or pay the bondHigher. Surety may have to step in and complete the project
RefundablePremium no; bond yes, when bid validity endsPremium no; bond yes, at substantial completion or end of warranty

The two bonds answer different questions. The bid bond answers "are you serious about this bid?" The performance bond answers "can you actually finish what you're starting?"

Both are usually required for any Canadian public-sector construction tender above $100,000 in contract value. We've covered the full list of bidding requirements in How to bid on government construction contracts in Canada. Bonding is Step 7 there.

What a bid bond is and how it works

Bid bond: a surety bond submitted as part of a construction bid, guaranteeing that the bidder will enter into the contract on the terms bid and provide the required performance bond if awarded the work. Standard Canadian form: CCDC 220.

Here's how the mechanics work.

You ask your surety to issue a bid bond for a specific tender. The bond has three parties: you (the principal), the surety company (the obligor), and the owner who issued the tender (the obligee). The face value is typically 10 percent of your bid amount, so a $1.2 million bid carries a $120,000 bid bond. The bond is delivered with your bid submission.

If you win the tender and enter into the contract, the bid bond is replaced by a performance bond and the bid bond is released. The owner returns the original document to the surety. Nothing changes hands financially.

If you win and refuse to enter the contract, the owner can call on the bid bond. The surety pays the owner the difference between your refused bid and the next-lowest compliant bid, up to the bond face value. The surety then collects that amount from you under your General Indemnity Agreement. Bid bonds are not a "walk away" cushion. They are designed to make walking away painful.

If you don't win the tender, the bid bond is returned (or its release is confirmed in writing) within the bid validity period. That's typically 60 to 90 days from tender close. The premium you paid is not refunded. It's the cost of being in the auction.

When a bid bond is required

The tender notice and the bid solicitation document specify the bonding requirement. Read both sections carefully. There are three common variations:

A handful of smaller-value tenders waive bonding entirely. For those, the contractor's financial standing and references are the only assurance the owner has, which is why those tenders often go to known suppliers.

What a performance bond is and how it works

Performance bond: a surety bond issued at contract award that guarantees the contractor will complete the work in accordance with the contract documents. Standard Canadian form: CCDC 221. Typically 50 percent of contract value for Canadian public-sector construction work.

The bond is issued after you win and at the moment the contract is executed. Like the bid bond, it has three parties: you (principal), surety (obligor), and owner (obligee).

If you fail to complete the work, the owner has options. The owner can declare default and call on the surety. The surety then chooses one of three remedies under the CCDC 221 form:

  1. Complete the contract by taking it over directly and hiring substitute contractors.
  2. Arrange for a substitute contractor to complete the work, with the surety paying any excess cost up to the bond limit.
  3. Pay the owner the amount required to complete the work (up to the bond face value), and the owner finds the substitute.

The surety's payout limit is the bond face value, typically 50 percent of contract value. That's the maximum the surety is exposed to. Anything beyond that is the owner's loss to absorb, although in practice most surety payouts settle below the cap.

After the surety pays, it pursues the contractor under the General Indemnity Agreement. The personal indemnity from the company's owners is what makes the surety willing to take the underwriting risk in the first place. Contractors who default on bonded contracts do not get to walk away clean.

What the performance bond covers (and doesn't)

It covers the contractor's failure to perform the contract. It does not cover defective work that is discovered after substantial completion. That's the warranty obligation, separate from the bond. It does not cover the contractor's payment obligations to subs and suppliers. That's the labour and material payment bond. And it does not cover late completion as a standalone event unless the late completion is so severe that the owner has terminated the contract.

The third bond contractors forget: labour and material payment

Most Canadian government construction tenders require three bonds, not two: a bid bond, a performance bond, and a labour and material payment bond.

Labour and material payment bond: a surety bond that guarantees the contractor will pay subcontractors, sub-subcontractors, and suppliers of labour and material for work performed under the contract. Standard Canadian form: CCDC 222. Typically 50 percent of contract value.

This bond exists because a contractor who runs out of cash mid-project can leave a trail of unpaid subs and suppliers, who then file liens against the project property or sue the owner. The labour and material payment bond gives those subs a direct claim against the surety, which keeps the project clean.

From the contractor's perspective, the labour and material payment bond is rarely a separate decision. Most Canadian sureties quote performance and payment bonds together as a combined premium, and both are issued at the same time on the same underwriting. The contractor doesn't get to choose one without the other.

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CCDC 220, 221, 222: the standard Canadian forms

The Canadian Construction Documents Committee publishes the standard forms used across Canadian public-sector construction. For bonding, the three relevant forms:

Tenders typically require the specific CCDC form. Substitute forms, even ones with substantially identical language, are sometimes rejected as non-compliant. When in doubt, use the CCDC form your surety issues. Don't try to draft your own bond.

The CCDC forms are reviewed periodically. CCDC 220 (bid bond) and CCDC 221 (performance bond) currently in widespread use were last revised in 2002 and remain the standard. Some federal departments and provincial agencies have published their own variants on the CCDC base, so read the tender carefully to confirm which form is required.

The bond forms are part of a larger CCDC family that also includes the base construction contracts (CCDC 2 Stipulated Price, CCDC 3 Cost Plus, CCDC 5A and 5B Construction Management, CCDC 14 Design-Build, and others). For the full directory and when each one applies, see CCDC documents explained.

Letter of credit vs surety bond

Most Canadian federal and provincial construction tenders accept an irrevocable letter of credit from a Canadian chartered bank in place of a bid bond, and on some smaller tenders, in place of a performance bond as well. The letter of credit must be unconditional and payable on the owner's demand without proof of the underlying claim.

Letters of credit and surety bonds look similar to the owner but they're structurally different for the contractor:

 Surety bondLetter of credit
IssuerCanadian surety companyCanadian chartered bank
UnderwritingReviews financials, references, past projects, equity, working capitalReviews credit standing and reserves face value against operating line
Cost to contractorPremium (typically 1% to 3% face value)Fee (typically 1% to 2% per year of face value)
Working capital impactMinimal. Bond is contingentSignificant. Bank reserves face value against operating line
When to useContractors who bid frequentlyOne-off bids or contractors without a surety facility

The hidden cost of a letter of credit is the working capital tie-up. A bank issues a $120,000 letter of credit by reserving $120,000 against your operating line. That's $120,000 you can't use for payroll, equipment, or other project bonds while the letter of credit is outstanding. For a contractor with a $500,000 operating line, a few large letters of credit can quickly exhaust available credit.

Surety bonds are off-balance-sheet for the contractor. The surety underwrites the obligation but doesn't tie up your working capital. That's why contractors who bid regularly almost always establish a surety facility, even though letters of credit can work in a pinch.

How to get bonded as a Canadian SMB

Establishing a surety facility for the first time is the slowest step in the entire government-bidding process. Most SMB contractors discover this when they read a tender's bonding section three weeks before close and realize they can't get a bond in time.

The process, with realistic timelines:

Step 1: Choose a licensed surety broker (1 week). Most Canadian SMB contractors access surety markets through independent brokers. Common options include Trinity Risk, BFL Canada, HUB International, AON, Marsh, Frank Cowan, and Westland Insurance, plus regional alternatives. The broker represents multiple surety markets and negotiates facility terms on your behalf. A surety broker is not the same as a regular insurance broker, so confirm the firm has a dedicated surety practice.

Step 2: Assemble the underwriting package (1 to 4 weeks, depending on your accounting status). Sureties want:

If your firm has never produced review-engagement financial statements before, that step alone takes an extra 4 to 8 weeks. Plan accordingly.

Step 3: Submit to surety underwriting (2 to 6 weeks). Your broker submits the package to one or more Canadian surety markets. The major Canadian sureties include Aviva Insurance Canada, Trisura Guarantee Insurance, Travelers Canada (The Guarantee Company of North America), Intact Insurance, Sovereign Insurance, Berkley Canada, and Liberty Mutual Canada. The surety underwriter reviews your financials, calls your bank, checks your references, and may request additional documentation.

Step 4: Receive the capacity offer. The surety offers a single-project limit (the largest contract they will bond) and an aggregate limit (the total uncompleted bonded work they will support at any one time). Typical first-time SMB facilities:

The limits are roughly correlated with working capital and retained earnings. Most Canadian sureties want to see roughly 10 percent of aggregate capacity in working capital. A contractor seeking $10 million aggregate typically needs to demonstrate $1 million in working capital.

Step 5: Sign the General Indemnity Agreement (GIA). The owners personally indemnify the surety against losses. This is the most important document in the entire surety relationship. The personal indemnity does not extinguish when the corporation winds down, changes hands, or files for protection. If you and your spouse both sign as personal indemnitors, both of you are personally liable. Read it twice before signing, and have a corporate lawyer review it once.

Step 6: Request bonds per tender (1 to 3 business days each). Once the facility is in place, individual bid bonds and performance bonds are routine. Your broker submits the tender details (contract value, project description, completion timeline), and the surety issues the bond on the appropriate CCDC form. For straightforward jobs within your capacity, turnaround is 1 to 3 business days.

Total elapsed time for a first-time facility: 6 to 12 weeks, possibly longer if your financial statements need work. There is no shortcut. Sureties don't underwrite quickly because the relationship is long-term and the documentation requirements are non-negotiable.

What bonds actually cost

Surety companies don't publish their rates publicly, which makes it hard for first-time contractors to know what's normal. Approximate ranges based on Canadian market conditions in 2026:

Bond typePremium rangeHow charged
Bid bond (SMB sizes)$250 to $750 flat per bond, or 1% to 3% of bond face valuePer request
Performance bond0.5% to 1.5% of contract valueOnce at contract execution
Payment bondUsually combined with performance bond premiumOnce at contract execution
Renewal premium (long projects)0.25% to 0.5% of contract value annually beyond the original termAnnually if project extends

A worked example. A $2 million construction contract, 18-month duration:

That bonding cost is small relative to the contract value, but it does come out of your bid margin. Many SMB contractors miss this and price the bid as though bonding were free.

Premiums vary based on:

Capacity, single-project limit, and aggregate

Two numbers from your surety determine which tenders you can chase.

Single-project limit. The largest contract value the surety will bond on any one job. If your single-project limit is $3 million and you find a $4 million tender, you cannot bid it under your current facility. You can ask the surety to increase the limit for that specific project (a "special bond"), but that requires its own underwriting cycle.

Aggregate limit. The total uncompleted bonded work the surety will support across all your active projects at one time. A contractor with $10 million aggregate and three active bonded projects totalling $7 million has $3 million of remaining aggregate capacity. The aggregate available decreases as you take on new bonded work and increases as projects complete.

Both limits are reviewed annually as part of your surety facility renewal. Successful bonded project completion expands your capacity. Financial deterioration or loss history shrinks it.

Most contractors significantly underestimate how quickly aggregate fills up. A small contractor with three concurrent $1.5 million projects has $4.5 million of aggregate exposure even if no single project is large. Bid pipelines need to be planned around remaining aggregate, not single-project capacity.

Five things that surprise first-time bonded contractors

The first surety facility comes with predictable surprises. None of them are deal-breakers, but the contractors who know about them in advance get through the process faster.

Working capital is the binding constraint. First-time applicants often assume their equity and revenue will dictate capacity. Most Canadian sureties anchor on working capital (current assets minus current liabilities) at roughly 10 percent of aggregate. A shop with $200,000 working capital typically gets approximately $2 million of aggregate capacity, regardless of how much equity sits on the balance sheet.

Personal indemnity is permanent. The General Indemnity Agreement extends personal liability to each owner who signs. If you sell the company, the indemnity survives unless the surety formally releases you in writing. If a default occurs years after you've sold, the surety still has recourse against your personal assets.

Banking relationships matter. Sureties call your bank as part of underwriting. A long-standing operating relationship with a Canadian chartered bank meaningfully helps your file. Switching banks immediately before applying for surety is a common unforced error.

Review-engagement statements are usually enough. Many first-time applicants assume sureties require audited financial statements. For SMB-size facilities (under $10 million aggregate), most Canadian sureties accept review-engagement statements from a CPA firm. Audits are typically only required for larger facilities.

Your broker's surety expertise matters more than the firm's size. Most Canadian surety business runs through brokers, and the broker handles the relationship with the underwriter. A broker who specializes in construction surety will know which markets favour your project profile and how to present your file. A general insurance broker may submit to the wrong market and get a worse offer.

Bonding done well becomes background infrastructure. Bonding done poorly becomes the reason an otherwise winnable bid never gets submitted. The contractors who consistently win government work establish their surety facility before the right tender appears.

Frequently asked questions

What's the difference between a bid bond and a performance bond?

A bid bond is submitted with your bid and guarantees you'll enter into the contract if you win. It's typically 10 percent of bid value, on CCDC form 220. A performance bond is issued at contract award and guarantees you'll complete the work. It's typically 50 percent of contract value, on CCDC form 221. The bid bond protects the owner if you walk away after winning. The performance bond protects the owner if you fail mid-project.

How much do bid bonds and performance bonds cost in Canada?

Bid bond premiums typically run 1 to 3 percent of the bond face value, often charged as a flat fee around $250 to $750 per bond for SMB-sized contracts. Performance bond premiums typically run 0.5 to 1.5 percent of contract value, paid once at contract execution and covering the construction period plus a warranty period (often 12 months). Premiums vary based on the contractor's financial strength, project size, and surety market conditions.

Do I need a bid bond for every government construction tender?

No. Bid bonds are typically required only for tenders above $100,000 in contract value, and some smaller municipal and provincial tenders waive bonding entirely. The tender notice or bid solicitation document states the requirement. Read the bonding section carefully. Some tenders specify a bid security deposit (cash or certified cheque) instead of or in addition to a bid bond.

Can I use a letter of credit instead of a bid bond?

Often yes. Most Canadian federal and provincial construction tenders accept an irrevocable letter of credit from a Canadian chartered bank as a substitute for a bid bond. The letter of credit must be unconditional and payable on the owner's demand. Letters of credit tie up working capital (the bank reserves the face amount against your operating line), making them more expensive in opportunity cost than a surety bond for any contractor that bids frequently.

What is CCDC 220 and CCDC 221?

CCDC 220 is the standard Canadian bid bond form, published by the Canadian Construction Documents Committee. CCDC 221 is the standard performance bond form. CCDC 222 is the standard labour and material payment bond form. Most Canadian public-sector construction tenders require bonds issued on these specific CCDC forms. Substitute forms from foreign sureties are often rejected. CCDC 220 was last revised in 2002 and remains the current Canadian standard.

How long does it take to get a surety facility set up?

Two to six weeks for a first-time facility, assuming the contractor has audited or review-engagement financial statements ready. Contractors with no formal financial statements should plan for an additional 4 to 8 weeks to engage an accountant and produce the statements. Once a facility exists, individual bid bonds are issued within 1 to 3 business days per request.

What happens to the bid bond if I lose the tender?

The owner returns the bid bond to losing bidders typically within 60 to 90 days of tender close (the bid validity period stated in the tender). The surety releases its file on the same timeline. The premium you paid is not refunded. That's the cost of being in the auction.

What is a labour and material payment bond and is it different from a performance bond?

Yes, they are separate bonds and most government construction tenders require both. A labour and material payment bond (CCDC 222) guarantees that the contractor pays subcontractors and material suppliers. A performance bond (CCDC 221) guarantees that the contractor completes the work. Both are typically required at 50 percent of contract value. The combined cost is typically quoted as a single premium covering both bonds.

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