Maine Public Works Performance and Payment Bonds

Maine’s general Public Works Contractors’ Surety Bond Law requires separate full-contract performance and payment bonds for public construction, alteration, or repair contracts over $125,000, with an exception tied to Title 5 §1745. Maine separately requires competitive procurement by the Bureau of General Services for state-owned-in-fee public improvements over $100,000, excluding professional, architectural, and engineering services.

What Is Surety Bonds?

A surety bond guarantees that your business meets a specific obligation to a customer, contracting party or government agency. If a contract, license or permit requires one, get its exact form and amount; a bond is not insurance for your own losses. Read the national Surety bonds guide.

Maine Surety Bonds Requirements

RequirementDetails
Public works over $125,000Before award of covered public work contracts exceeding $125,000, a contractor must furnish a full-contract performance bond and a full-contract payment bond, except as provided in Title 5 §1745. 1
State-held-in-fee projectsFor public improvements over $100,000 held in fee by the State or its agencies, the Bureau of General Services awards the contract under Title 5 §1743; professional, architectural, and engineering services are excluded. 2
Bid security can precede project bondsThe contracting authority may require bid security to ensure the contractor can be bonded. Successful bidders receive non-bond security back after executing the contract and delivering satisfactory performance and payment bonds. 1

What Should You Watch for With Surety Bonds in Maine?

  • Performance and payment protect different parties

    The performance bond protects the awarding State or contracting body. The payment bond protects labor and material claimants, including equipment rental providers. They are separate obligations even though both are generally full contract amount. 1

  • Check the Title 5 exception

    Title 14 §871 expressly excepts Title 5 §1745. Before treating $125,000 as a universal threshold for state projects, identify the delivery method and owner route and review that linked exception. 1,2

  • Local highway performance bond has a different minimum

    Maine’s Local Highway Law separately says a contract is not awarded unless performance is secured to the State for at least 20% of contract amount. Do not use that highway rule to reduce the general public-works bond requirement. 3,1

Which Surety Bonds Providers Have Maine License Records?

These providers publish a national listing for Surety bonds; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Maine. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • TechInsurance

    Insurance producer · checked 2026-09-28

    Specialty Program Group LLC

    TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 15

    TechInsurance arranges surety bonds for small businesses.

Who Regulates Insurance in Maine?

Maine Bureau of Insurance

The Maine Bureau of Insurance licenses producers and companies, enforces Maine insurance laws, and investigates property and casualty complaints including commercial coverage complaints. You can use its state lookup or complaint service to check a license or raise an insurance issue. 4,5,6

Surplus-Lines Tax and Stamping Office in Maine

Reported tax rate. 3% of gross direct premium when Maine is the insured's home state 7,8,9

Maine charges 3% of gross direct premium when it is the insured's home state; your broker handles the tax and may include it with the premium. Surplus-lines policies are outside Maine guaranty-association protection. Maine generally requires a diligent search, with an exempt-commercial-purchaser exception requiring broker disclosure and the purchaser's written request.

What Should You Ask Before Buying Surety Bonds in Maine?

  1. Which solicitation, statute, and project category does the obligee say governs this contract?
  2. What bond form, penal sum, obligee name, effective date, and filing deadline must the surety meet?
  3. What indemnity, collateral, or personal guarantee would the surety require from the principal, and how could a claim affect the business?

Surety Bonds in Maine: Frequently Asked Questions

Is bid security always mandatory?

No. Title 14 §871 says the contracting authority may require bid security to ensure the contractor is bondable; it is discretionary in that statute, while the post-award performance and payment bonds are mandatory when §871 applies. 1

What should a Maine bidder confirm?

Confirm whether §871 or the §1745 exception applies, whether the owner’s documents require bid security, the face amount and obligee for both bonds, and when the authority will return bid security after final bonds are delivered. 1,2

Surety Bonds Guides for Other States

Other coverage in MaineEvery coverage guide for Maine, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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