AIA A312–2010: Performance Bonds vs. Payment Bonds

Updated September 7, 2026. AIA A312–2010 includes two separate bonds. Before sending a claim, confirm which bond you have and who it protects.

Performance bond

A performance bond addresses the contractor's obligation to complete the contracted work. The claimant must identify the obligee, the contractor, the surety, and the events and notices that trigger the surety's duties. A demand for completion is not interchangeable with an unpaid subcontractor's payment claim.

Payment bond

A payment bond addresses qualifying claims for labor and materials. Check the claimant definition, contract tier, required notice, supporting information and time to bring proceedings. Do not apply the performance bond's deadlines to the payment bond.

Two bonds require separate execution

AIA's instructions for A312–2010 explain that each bond must be completed and signed separately. Mixing the cover and signature pages can create a serious problem. The 2010 forms replaced the 1984 edition, not a 1983 edition.

Organize the claim before a deadline approaches

• Obtain the complete signed bond, incorporated contract and amendments.
• Confirm the parties' correct legal names and notice addresses.
• Prepare the work and payment chronology with supporting documents.
• Calendar notices, cure periods and the time to sue separately.

Kushnick Pallaci PLLC assists with New York payment-bond claims and construction contract disputes. See the companion article on A312 performance-bond notice requirements.

General information only. The actual bond, its edition, amendments and governing law must be reviewed.