Performance & Payment Bonds · Performance & Payment Bonds

Surety Bond vs. Letter of Credit

A performance bond and an irrevocable letter of credit can satisfy the same requirement in the same solicitation. They are not variants of one thing. They are two different instruments, issued by two different kinds of institution, that consume two different resources belonging to you.

What each one actually is

A surety bond is a three-party undertaking. The surety promises the obligee that you will perform, and you indemnify the surety for anything it pays. It is not insurance for you and it is not a loan — it is credit extended on the strength of your financial statements, your track record and the specific contract. It sits outside your banking relationship.

An irrevocable letter of credit is a two-party undertaking from your bank to the beneficiary. The bank pays on presentation of the documents the credit specifies. It does not ask whether you defaulted, because that is not what a letter of credit is for. And it is a facility from your bank, extended against the same capacity that funds your working capital and your equipment.

That last difference is the whole practical story. Contractors comparing “the fee” are comparing the smaller number.

The federal position: both, with a preference

Below the bond threshold, federal construction sits in a band where the contracting officer must select from a defined list. FAR 28.102-1(b)(1) requires the officer to select two or more payment protections,

“giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives”

from a closed list that names a payment bond, an irrevocable letter of credit, a tripartite escrow agreement, certificates of deposit, and a deposit of the securities at FAR 28.204-1 and 28.204-2.

The preference has a reason behind it, and it is the Government’s reason rather than yours. A letter of credit is fast and certain from the beneficiary’s side: documents in, money out, no argument about whether a default occurred. For a small contract that is exactly what a contracting officer wants.

Above the threshold, the federal answer is different: FAR 28.102-2(b) requires a performance bond at 100 percent of the original contract price, and there is no letter-of-credit substitute for it.

Two states that name the letter of credit outright

The federal band is not the only place this choice appears, and two state statutes we have read put the letter of credit on an equal footing with the bond at any size.

Oklahoma. Under 61 O.S. § 1 the contractor furnishes either “a bond in a sum equal to the contract price, with adequate surety, or an irrevocable letter of credit containing terms prescribed by the Construction and Properties Division of the Office of Management and Enterprise Services issued by a financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation … in a sum equal to the contract price”. The two are alternatives of equal standing, and the letter of credit’s terms are prescribed by the state rather than negotiated.

Pennsylvania. For a defined class of contracting body, 8 P.S. § 193 requires “A performance bond, Federal or Commonwealth chartered lending institution irrevocable letter of credit or restrictive or escrow account in such lending institution, equal to one hundred percent of the contract amount”. Three instruments, one requirement, one figure.

Notice what both statutes hold constant. The amount does not change with the instrument — it is the contract price either way. What changes is who stands behind it and what it costs you to arrange.

What each one costs you, structurally

We do not publish rates, and this page will not tell you which is cheaper, because the honest answer is that it depends on facts we cannot see from here. What can be said is what each instrument consumes.

A bond consumes underwriting capacity. The surety sets a single-job limit and an aggregate limit for your account, and bonded backlog occupies the aggregate until jobs close out. Bonding a project uses up room for other bonded projects. It does not touch your bank lines.

A letter of credit consumes borrowing capacity. It is a bank facility. Whatever is committed to it is not available for the line of credit that funds payroll between progress payments, or the equipment purchase you were planning in the spring. It does not touch your surety aggregate.

For a contractor whose constraint is bank capacity, a bond is the instrument that leaves the constraint alone. For a contractor whose constraint is surety capacity — often a newer business, or one already carrying a full bonded backlog — a letter of credit may be the one that fits. The answer is a fact about your balance sheet, not about the instruments.

There is a second-order difference too. A letter of credit is drawn on documents, so a dispute about whether you actually defaulted happens after the money has moved. A surety investigates a claim before paying, and you are a party to that conversation. Contractors who have been through both usually have a strong view about which they prefer, and it is rarely the faster one.

What this page does not cover

It does not cover the escrow and certificate-of-deposit alternatives in any detail, though the federal list and the Pennsylvania statute both name them. It does not address letters of credit as payment security in private construction, where the contract rather than a statute sets the terms. And it takes no position on which instrument your obligee will accept — that is written in the solicitation, and where a choice exists it is usually stated plainly.

Frequently asked questions

Can a letter of credit replace a performance bond?
Sometimes, and only where the obligee accepts one. FAR 28.102-1(b)(1) names an irrevocable letter of credit among the payment protections a contracting officer selects from below the bond threshold, and Oklahoma’s 61 O.S. § 1 names one as a full alternative to the bond at any contract size.
Why does the federal regulation prefer a letter of credit?
FAR 28.102-1(b)(1) directs the contracting officer to give “particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives”. A letter of credit is payable on presentation of documents and does not require anyone to establish a default first.
Which is cheaper?
There is no general answer, and any page that gives you one is guessing. A bond premium is underwritten per account against your financials; a letter of credit is priced by your bank against your borrowing capacity. The comparison is specific to your balance sheet and your bank relationship.
Does a letter of credit use up my borrowing capacity?
Generally yes — it is credit extended by your bank, drawn against the same relationship that funds working capital and equipment. A surety bond is not a bank facility and does not consume those lines, which is the structural argument for the bond on a contractor who needs their borrowing room.
Do any states require a letter of credit instead of a bond?
None that we have read requires one, but several name it as an accepted alternative. Oklahoma’s 61 O.S. § 1 puts an irrevocable letter of credit alongside the bond at the contract price, and Pennsylvania’s 8 P.S. § 193 permits a performance bond, a chartered lending institution irrevocable letter of credit, or a restrictive or escrow account, equal to one hundred percent of the contract amount.

Price both before you agree to either

The instrument the obligee prefers and the instrument that is cheapest for you are decided by different people for different reasons. On a job small enough for the choice to exist, the question worth asking your bank and your surety in the same week is what each one costs you in capacity you will need for the next job.

Where to go next