
The Three Parties To Every Surety Bond
- The Principal — the contractor performing the work, who is bonded.
- The Surety — typically a large insurance company that guarantees the Principal will perform the job per the contract, and pays out if they don’t.
- The Beneficiary (Obligee) — you, the homeowner, who benefits from the bond’s protection.
If a contractor can’t or won’t produce proof of a bond, that’s a red flag worth walking away from.
This is a simple explanation/definition of a surety bond (sometimes called a surety guarantee, or fidelity bond). A fidelity bond/guarantee bond/surety agreement is a promise that someone (i.e., the commercial surety) will pay a specific dollar amount if someone else (called the Principal, e.g., the general contractor) fails to comply with some commitment as spelled out in a contract or other work-site agreement. So, a surety agreement protects the Owner from a default by the Principal. The bond guarantee could also require that the commercial surety perform, or get someone else to perform, the job according to the specific terms in the contract.
The fidelity bond commitments are generally set forth in the bid requirements or specified in a contract. One place where we see these commitments is in construction contracts. In a typical construction contract, the surety guaranty protects the owner of the job site (sometimes referred to as the Obligee) against potential losses, which can arise from the general contractor’s failure to comply with the terms of the contract/fidelity bond.
Consumers can follow the tips below to avoid getting scammed:
- Take your time. Don’t let the contractor rush your decision.
- Do your research. Know how much you can afford and what you want done.
- Check for complaints. Contact the Better Business Bureau and your state Attorney General’s Office to see if complaints have been filed against the contractor.
- Verify licensing and bonding. Confirm the contractor is locally licensed, bonded, and insured. A performance bond offers the most direct financial protection if the job isn’t finished as promised.
- Know your cancellation rights. If a contractor solicited you unannounced (door-to-door), you’re generally entitled to a written notice of your right to cancel the contract within three days for a full refund.
- Get it in writing. A contract should spell out exactly what work will be done and by when.
- Never pay it all upfront. Reputable contractors don’t ask for full payment before starting. Avoid paying more than one-third of the total cost as a down payment.
How to File a Complaint Against an Unbonded Contractor
If you’ve hired a contractor who turned out to be unlicensed, unbonded, or who did shoddy or unfinished work after a storm, you have options beyond a bad online review.
- File a complaint with your state licensing board. Most states require contractors to be licensed through a state contractor licensing board or department of consumer affairs. Filing a formal complaint creates an official record and can trigger an investigation, fines, or license revocation.
- File a claim against the contractor’s bond, if they had one. If the contractor was bonded, you can file a claim directly against that bond for financial losses — even if the contractor is unresponsive, out of business, or refuses to make it right. The surety will investigate the claim and, if valid, pay out up to the bond’s penal sum.
- Report to your state Attorney General’s Consumer Protection division. This matters especially for storm chaser scams, since many AG offices track pattern complaints and pursue civil or criminal action against repeat offenders.
- File a police report if fraud is suspected. Taking payment without performing work, forging documents, or falsely claiming to be licensed are criminal acts in most states.
- Keep every document. Contracts, texts, photos of the work (or lack of it), and payment receipts all strengthen your complaint or bond claim.
FAQs
What does it mean if a contractor is bonded?
Being bonded means the contractor has a surety bond that provides financial protection to the homeowner if the contractor fails to complete the job or meet the contract terms.
Should homeowners ever pay a contractor upfront?
No. Reputable contractors typically don’t ask for payment until the job is completed. If a down payment is required, it should not exceed one-third of the total cost.
How can homeowners check if a contractor is trustworthy?
Homeowners should ask for proof of licensing, bonding, and insurance, get written estimates, review nearby completed work, and check for complaints with the Better Business Bureau and the Attorney General’s Office.
What should I do if I hired an unlicensed contractor?
Stop payment if any work is still owed, document everything (contract, texts, photos), and file complaints with your state licensing board and the Attorney General’s Office. If the contractor claimed to be licensed or bonded but wasn’t, this may also be fraud, which you can report to local police.
How do I file a claim on a contractor’s bond?
Contact the surety company listed on the bond (not the contractor) and submit a written claim describing the damages, along with supporting documentation like the contract, photos, and payment records. The surety will investigate and, if the claim is valid, pay up to the bond amount—you may still need to pursue the contractor separately for damages beyond that limit.
Choose Bonded Contractors For Peace Of Mind After The Storm
When storms leave damage behind, the pressure to act fast can make homeowners vulnerable to costly scams. As the article shows, door-to-door contractors often appear with urgent promises, wide-ranging prices, and requests for upfront payment. The safest path forward is simple: slow down, do the research, and insist on working only with contractors who are licensed, insured, and bonded. A bond is more than paperwork—it’s proof that a contractor has been vetted and backed by a surety, offering real financial protection if the job is not completed as promised. By getting multiple written estimates, refusing advance payments, and checking with the Better Business Bureau and the Attorney General’s Office, homeowners can protect their property, their finances, and their peace of mind.
Take The Safer Path Forward
Whether you’re repairing storm damage or choosing who to trust with your home, make bonding non-negotiable. Ask for proof, compare bids, and work only with contractors who can back up their promises. And if you’re a contractor, get bonded and show customers you’re the professional they can rely on when it matters most.
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