Home / Guide / Commentary and Comparison: AIA Bond Forms A310™-2010 and A312™-2010
  • Guide

Commentary and Comparison: AIA Bond Forms A310™-2010 and A312™-2010

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A310™-2010, Bid Bond

A312™-2010, Performance Bond

A312™-2010, Payment Bond

A313™-2020, Warranty Bond

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This guide includes both a commentary that details the key changes made in the 2010 versions and includes the full text of A310-1970 and A312-1984 presented side-by-side with the full text of the 2010 Bond Forms.

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Commentary and Comparison: AIA Bond Forms A310™-2010 and A312™-2010

 

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Common Questions About the AIA Bond Forms A310-2010 and A312-2010

What are AIA Bond Forms A310-2010 and A312-2010?

  • A310-2010: This is the Bid Bond form, used to ensure that a contractor will honor their bid and provide the required performance and payment bonds if awarded the contract.
  • A312-2010: This includes both Performance and Payment Bonds, designed to protect project owners and subcontractors by ensuring project completion and payment for labor and materials.
  • Purpose: A310 is a Bid Bond, while A312 includes Performance and Payment Bonds.
  • Scope: A310 focuses on the bidding process, ensuring contractors follow through on their bids. A312 addresses project execution and payment obligations.
  • Conditions: A312 has more detailed conditions, such as notice requirements and options for the surety to respond to claims.
  • A310-2010: Protects owners by ensuring contractors are serious about their bids. If a contractor fails to honor their bid, the bond compensates the owner for the difference in cost to hire another contractor.
  • A312-2010: Protects owners by guaranteeing project completion and subcontractors by ensuring payment for their work. It also provides a structured process for resolving disputes.
  • A310-2010: Streamlined language and updated terms to align with modern construction practices.
  • A312-2010: Extended the surety’s response time to 60 days, added provisions to avoid automatic waiver of defenses, and clarified notice requirements to reduce disputes.
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The obligee (owner) must:

    1. Notify the surety and contractor of a potential default.
    2. Declare the contractor in default and terminate the contract.
    3. Provide additional notice if the surety’s response is delayed or disputed.

The form includes a structured process for the surety to investigate and respond to claims. If the surety fails to respond, the claimant may recover attorney’s fees but not an automatic waiver of defenses.

Yes, older versions like A312-1984 are still in use, but the 2010 updates provide clearer terms and better protections. Owners and contractors should specify which version to use in their contracts.

  • Standardization: Widely recognized and accepted in the construction industry.
  • Clarity: Clear terms and conditions reduce disputes.
  • Protection: Safeguards the interests of owners, contractors, and subcontractors.

Yes, parties can amend the bond language to address specific project needs. However, modifications should be carefully reviewed to ensure compliance with legal and contractual requirements.

Under A312-2010, failure to meet conditions like timely notice may limit the surety’s obligations. However, the obligee can still recover damages if they demonstrate that the surety was not prejudiced by the failure.