When performance bonds are required
Performance bonds are not compulsory under Singapore statute. They are required by contract across almost every major project category:
- HDB main contracts — standard conditions of contract require a 5% performance bond on award.
- JTC anchor leases and industrial subleases — performance bond required for the development phase.
- PSSCOC public-sector projects (BCA-administered) — clause requires performance bond in form set in contract data.
- LTA, PUB, NEA, NParks — statutory boards require performance bonds on infrastructure tenders.
- SG Customs — duty-deferral schemes, free-zone licences and warehouse licences require surety bonds.
- URA event permits on URA-controlled spaces.
- Private developers — SIA Articles & Conditions of Building Contract require a performance bond.
The four standard bond types
Tender bond
Issued during the tender period, securing the bidder's commitment to accept the contract if awarded. Typical amount: 2% to 5% of tender price. Released on contract award (and replaced with a performance bond).
Performance bond
Issued on contract award, securing contract performance through to practical completion. Typical amount: 5% to 10% of contract sum. Largest of the four and the headline cost.
Maintenance bond (retention bond)
Issued at completion, securing defects rectification through the defects-liability period (typically 12 to 24 months). Smaller amount, typically 2% to 5% of contract sum.
Advance-payment bond
Secures any pre-payment by the employer at award. Amount equals the advance payment received. Released as advance payments are recovered through interim certificates.
Surety bond vs bank guarantee
Singapore main contractors have two routes for performance bonds:
- Bank-issued bankers' guarantee — the contractor's bank issues the guarantee, conditional on bank credit. Consumes the contractor's banking facility headroom (the bank reserves the amount against the credit line). Cost: typically 1% to 2% per annum of bond amount.
- Surety bond from a licensed insurer — AIG Surety, Chubb Surety, Tokio Marine, Asia Capital Re, etc. Independent of bank credit. Preserves bank facility for working capital. Cost: typically 0.5% to 1.5% per annum of bond amount.
For larger main contractors with multiple concurrent projects, surety is the structurally correct choice — banking-facility headroom is the binding constraint on growth, not bond cost. For small contractors with a single project, bank guarantee is sometimes simpler.
On-demand vs conditional bonds
Singapore performance bonds fall into two forms:
- On-demand (unconditional) — the surety pays on the employer's written demand without proof of contractor default. Common in HDB, JTC, public-sector tenders. Carries higher contractor risk — the employer can call the bond before any dispute is resolved.
- Conditional — the surety pays only on proof of contractor default, typically requiring the employer to obtain a judgment, arbitration award or independent certifier's certificate. More common in private-sector and bespoke contracts.
Check the bond wording carefully — the type significantly affects contractor exposure if disputes arise. Many bonds also include a "pay first, dispute later" clause which has the on-demand effect even on otherwise conditional bonds.
Underwriting and approval
Surety underwriting is a credit decision, not just an insurance decision. The surety insurer reviews:
- Audited financial statements for the past 3 years.
- Work-in-hand and project pipeline.
- Bank relationships and existing facility utilisation.
- Key-person review — directors, project managers, technical leads.
- Contract data sheet for the specific project (bond amount, form, expiry).
- Project complexity vs the contractor's historical project size.
Approval can take 2-4 weeks for a new surety relationship. Larger main contractors maintain pre-approved surety lines with 2-3 carriers, which lets them request specific project bonds with 2-3 day turnaround. New contractors should approach a surety broker to navigate which carrier's underwriting appetite matches their profile.