Contract bonding, by the numbers
- $150,000
- Federal contract size that requires performance and payment bonds
- Acquisition.gov (FAR 28.102)
Why contractors form one
A joint venture is two or more firms combining for a single project, sharing the work, the risk, and the profit. The usual reasons are capacity and fit: the job is larger than your single-job limit, or it needs a classification or a track record you do not have and your partner does.
It is also a legitimate route into work that would otherwise stay out of reach — including public work with participation goals, where pairing a smaller firm with a larger one is common. What it is not is a way to lend a license or a bonding line to someone who could not get either.
The California license
BPC §7029 provides for a joint venture license, issued to two or more entities that each already hold an active California license in their own right. The venture applies for its own license covering the classifications the work requires.
Two consequences worth being clear about. A firm that is not licensed cannot be carried into a joint venture by one that is. And the joint venture license is tied to the partners: it exists for that combination, and it does not survive as a general-purpose license afterwards.
Capacity is not addition
The most common misconception. If you carry a single-job limit and your partner carries one, the venture does not get the sum. The surety treats the joint venture as a new entity with no history and underwrites it that way: the combined balance sheet, both track records, the specific job, and how credible the two firms are as a pairing.
Expect it to work the other way too. Your surety will normally charge your participation against your own aggregate, frequently at more than your percentage share, because joint and several indemnity means your exposure is not limited to your share. Confirm the treatment before you commit, not after — a venture that quietly consumes your whole line leaves you unable to bond your own next job.
Joint and several indemnity
Both partners sign the indemnity agreement, and usually the owners sign personally too. It will almost certainly be joint and several.
That phrase does real work. It means the surety can pursue either partner for the whole loss, not for a proportionate share. If the venture fails and your partner cannot pay, the surety comes to you for all of it, and you are left chasing your partner yourself under whatever the joint venture agreement says.
Which makes partner selection an underwriting decision of your own, not just a commercial one. You are guaranteeing their performance as much as your own.
What the surety will ask for
- The joint venture agreement. The central document. Who controls the work, how funds are handled, how decisions get made, who provides bonding, and what happens if a partner defaults or walks.
- Both partners' financial statements, at whatever level of assurance the size of the job calls for — see which statements a program needs.
- Both work-in-progress schedules. The surety needs the real combined workload, including everything each firm is carrying outside the venture.
- Track record on comparable work, for each partner separately and, if you have it, together.
- The division of responsibility. Which firm is actually building what. Vagueness here is the most common reason a joint venture submission stalls.
The submission packet guide covers each document in detail — expect to produce a full set from both sides.
Getting it underwritten
Start early. A joint venture submission is two files plus an agreement, and it is reviewed more carefully than a routine bond because there is no venture history to lean on. Bringing it to a surety a week before the bid is how good ventures get declined for timing rather than merit.
Have the joint venture agreement drafted before you approach the surety, not after — its terms are what the surety is underwriting, and rewriting it to satisfy an underwriter is slower than drafting it properly once. Use a construction lawyer for that document.
Thinking about a venture on a job that is too big alone? Talk to us before the bid — sometimes the answer is a joint venture, and sometimes it is simply more capacity or funds control on your own license, which is far simpler. Start a contract bond quote. This is general information, not legal advice, and underwriting always applies.
