Contract bonding, by the numbers
- $150,000
- Federal contract size that requires performance and payment bonds
- Acquisition.gov (FAR 28.102)
- $25,000
- California contractor license bond, required since Jan 1, 2023
- CA Business & Professions Code, 2023
What a rider is
A bond is a signed instrument sitting with an obligee — an owner, an agency, the CSLB. When something in it needs to change, the surety does not usually pull it back and issue a fresh one. It executes a rider: a short amendment, signed under the same power of attorney, that attaches to the original and changes one term.
Riders are also called amendments or endorsements depending on the surety. The bond number stays the same, the original stays in force, and the rider rides along with it — which is where the name comes from and why the pair should always be filed together.
The one that matters: contract increases
Most performance and payment bonds are written for a penal sumtied to the contract price — commonly 100% of it on public work. The penal sum is the surety's maximum exposure.
Now the job grows. Approved change orders take a $2 million contract to $2.4 million. The bond still says $2 million. The owner is guaranteed for less than the work it is buying, and you are contractually obliged to furnish security for the contract as amended. So the owner asks for a rider raising the penal sum, and until it is issued you are, in the ordinary sense, underbonded.
Small changes usually pass without comment; most contracts and sureties tolerate ordinary fluctuation. It is the material increase — a percentage of the original, or an absolute number the owner specifies — that triggers the requirement. Your contract says which.
Why it is not clerical
A contractor asking for a $400,000 increase is asking the surety to take $400,000 more risk. That is underwriting:
- It consumes capacity. The increase counts against your single-job limit and your aggregate. A job that grows 20% can push you past a limit you were comfortably inside.
- It invites a look at the job. An underwriter will want to know why the contract grew. Added scope reads very differently from cost overruns on the original scope.
- It may want current numbers. On a bigger increase, expect a request for an up-to-date work-in-progress schedule before the rider is issued.
- It carries premium. Charged on the additional exposure, not on the whole bond again.
Which leads to the practical rule: ask before you sign the change order. A contractor who commits to expanded scope and then discovers the surety will not bond it is in a genuinely difficult position with the owner. A quick call first turns that into a non-event.
The other riders
- Name changes. The company rebrands or its legal name is corrected. Note that a change of legal entity is not a rider at all — that is a new licensee, a new bond, and a whole different process.
- Address changes. Administrative, cheap, and worth doing so notices reach you.
- Effective or expiration dates. Where a project start slips or a term needs extending.
- Obligee corrections. The named obligee is wrong or has changed — a real problem on a bond, because the obligee is who the bond runs to.
- Decreases. Less common, but where scope is genuinely reduced a rider can lower the penal sum and free up capacity.
How to get one
Ask your broker, with the bond number, what is changing, and the document that evidences it — the executed change order, the amended contract, the filed name change. The surety executes the rider and returns it with a certified power of attorney, the same as the original bond.
Then make sure it reaches the obligee and gets filed with the bond. A rider sitting in your email has not amended anything as far as the owner is concerned, and this comes up at closeout — when the surety is asked for a consent of surety to final payment and the final contract amount does not match the bond on file.
Not sure whether your change orders have outgrown your bond? Send us the bond number and the current contract total and we will tell you. Start a contract bond quote, or read how to read the bond you already have. Underwriting always applies and we never promise guaranteed approval.
