Performance bond
Performance bond: A surety bond guaranteeing that a contractor will perform a contract according to its terms. On federal construction contracts above the threshold set by statute and regulation, the Miller Act requires a performance bond for the protection of the government (40 U.S.C. § 3131(b)(1)).
What performance bond means
In practice, you will see performance bond in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.
Where performance bond comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
How to research the term
Start with the primary source. For example, if performance bond appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read performance bond in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.
You can read the current federal court rules online for free.
Related legal terms
- Party: a person or entity that takes part in a lawsuit as a plaintiff, defendant or other named participant, and is bound by the result.
- Payment bond: a surety bond guaranteeing that a contractor will pay its subcontractors and suppliers for labor and materials on a project.
- Per curiam: latin for "by the court." An opinion issued in the name of the court as a whole rather than signed by a specific judge.
- Peremptory challenge: a party's right to excuse a prospective juror without stating a reason. In federal civil cases, each party is entitled to three peremptory challenges under 28 U.S.C. § 1870. Peremptory challenges may not be used to exclude jurors because of race or sex.
Why precise terms matter
Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.