Maintenance and Warranty Bonds in Florida – The Post-Construction Protection You Can’t Afford to Overlook

Completing a construction project in Florida is always a milestone. Whether it’s a road resurfacing in Miami-Dade, a new school in Tampa, or a retail buildout in Naples, finishing on time and within budget is cause for celebration. But here’s the truth that seasoned contractors already know: just because the project is done doesn’t mean your responsibility ends. Enter the often-overlooked but incredibly important maintenance bond—also known as a warranty bond.

In Florida, maintenance and warranty bonds provide critical protection for project owners after construction is completed. These bonds ensure that any defects in workmanship or materials that arise during the warranty period will be addressed without additional cost to the owner. And for contractors, they serve as both a compliance requirement and a symbol of quality assurance.

In this article, we’ll break down what Florida maintenance bonds are, why they’re required, how they differ from performance bonds, and what contractors need to do to secure them. We’ll also explain how Florida Risk Partners can help you handle post-construction bonding with ease, thanks to our 24/7 quote/bind/issue platform designed specifically for busy contractors like you.

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What Is a Maintenance or Warranty Bond?

A maintenance bond (sometimes called a warranty bond) is a type of post-completion surety bond that guarantees a contractor will repair or replace any defective work or materials discovered during a specified period following project completion. This period typically ranges from one to two years, though some contracts may extend it further depending on the scope and type of work.

Like all surety bonds, a maintenance bond is a three-party agreement involving:

• The principal – the contractor responsible for the work
• The obligee – the project owner (public agency or private developer)
• The surety – the company guaranteeing the contractor’s post-completion obligations

If defects or failures arise within the warranty term and the contractor fails to correct them, the owner can make a claim on the bond. The surety will then either fund the repairs, hire another contractor, or reimburse the owner—then pursue reimbursement from the original contractor.

The key difference between a maintenance bond and other bonds (like performance or payment bonds) is timing. Performance and payment bonds protect the project during construction. Maintenance bonds protect it after construction ends.

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Why Are Maintenance Bonds Required in Florida?

In Florida, warranty bonds for contractors are often required by:

• Municipal and county governments as part of public works projects
• Florida Department of Transportation (FDOT) for road, bridge, and highway construction
• Developers and property owners on large commercial or residential builds

These bonds are especially common in projects involving public infrastructure improvements such as:

• Roadway paving or resurfacing
• Water and sewer systems
• Stormwater drainage
• Sidewalk installation
• Street lighting and signalization

Florida jurisdictions want assurance that newly completed public assets will remain functional and safe after construction concludes. Without a maintenance bond, taxpayers or property owners might be forced to pay out of pocket if a defect emerges shortly after project acceptance.

For example, let’s say a contractor completes a $1 million stormwater drainage system in Orlando. Two months after the job wraps, a heavy summer storm reveals a failure in the underground piping due to poor installation. If the contractor refuses to fix it—or worse, has gone out of business—the city can file a claim on the maintenance bond to fund the repair.

Without the bond, the city might have no legal or financial recourse other than a lengthy lawsuit. That’s why maintenance bonds are often mandatory before a project can be closed out and accepted by the owner.

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Florida Maintenance Bond Requirements by Project Type

While there is no statewide statute in Florida that mirrors the Little Miller Act specifically for maintenance bonds, local ordinances and contract terms often mandate them. Here are a few examples of where and how maintenance bonds show up in Florida:

FDOT Projects

The Florida Department of Transportation often requires a one-year maintenance bond (typically 10–20% of the contract value) on roadway and bridge projects. The bond remains in effect after final acceptance and ensures any failures due to construction defects are corrected.

Subdivision Development

When a land developer completes infrastructure improvements in a residential community—like roads, sidewalks, and utilities—local municipalities often require a maintenance bond as a condition of final plat approval. This ensures that public assets will perform as expected after they’re handed off to the city or county.

Site Work and Right-of-Way Restoration

Many Florida cities, such as Orlando, Tampa, and Fort Lauderdale, require contractors to post maintenance or warranty bonds after performing site development work or restoring public right-of-way areas. These bonds usually last 12 months and ensure the integrity of curbs, sidewalks, and road cuts.

Private Commercial Projects

While not always required by law, maintenance bonds are often stipulated in private construction contracts—particularly those backed by lenders. Property owners and investors want to ensure their asset holds up after construction and that the contractor remains responsible for post-construction issues.

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What’s Covered Under a Florida Maintenance Bond?

A Florida maintenance bond typically covers:

• Defects in workmanship
• Defective materials
• Premature equipment or component failure
• Damage due to improper installation

What’s not covered:

• Normal wear and tear
• Vandalism or owner-caused damage
• Design defects (unless the contractor is also the designer)

It’s important to understand the specific language in each bond form. Some bonds are more narrowly defined and may only apply to specific scopes (like asphalt or underground utilities), while others take a broader approach.

The value of the bond is usually expressed as a percentage of the contract price, often between 10% and 25%, depending on the project and jurisdiction. The bond duration is also stated clearly, with one year being most common.

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Maintenance Bond vs. Performance Bond: What’s the Difference?

Although they sound similar, performance bonds and maintenance bonds serve different purposes:

Performance Bond	Maintenance Bond
Active during construction	Active after completion
Guarantees project will be completed per contract	Guarantees workmanship/materials will hold up post-completion
Required on most public projects over $100K	Required by owner/agency discretion or local law
Protects the owner from contractor default	Protects the owner from latent defects

Contractors may mistakenly assume that once they’ve furnished a performance bond, they’re done with bonding on that job. Not so fast. Many public entities won’t release retainage or issue a Certificate of Final Completion without a separate warranty bond in place.

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How to Get a Maintenance Bond in Florida

The process for obtaining a maintenance bond is similar to that for performance bonds, although it tends to be quicker and easier—especially for contractors who have already completed the job successfully.

To issue the bond, the surety will often require:

• The completed project details
• The contract value
• The bond amount (typically a % of the final contract)
• The duration of the warranty period
• A copy of the final acceptance certificate or project closeout documentation

If you already worked with a surety on the performance bond, the same surety typically issues the maintenance bond. Since they already underwrote the project and contractor, it’s a low-risk transaction.

Premiums for maintenance bonds are usually lower than performance bonds—often around 0.5% to 1% of the bond amount, depending on the scope and the contractor’s risk profile.

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Benefits of Maintenance Bonds for Contractors

While contractors often view bonding as a necessary evil, maintenance bonds can actually benefit your business:

1. Demonstrates Quality and Accountability

By standing behind your work with a warranty bond, you send a clear message: “I believe in the quality of my workmanship.” That builds trust with clients and regulators.

2. Helps Secure Repeat Business

Government agencies and developers are more likely to award future contracts to contractors who close out jobs professionally—and that includes delivering a clean warranty bond.

3. Speeds Up Closeout

If a maintenance bond is required for project acceptance, having it ready can expedite the final walkthrough and release of retainage.

4. Enhances Reputation

In a competitive market like Florida, professionalism sets you apart. A solid bonding track record, including post-construction warranty bonds, helps reinforce your brand as a responsible, high-caliber builder.

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Florida Risk Partners Makes Maintenance Bonding Easy

At Florida Risk Partners, we understand how important project closeout is—and how frustrating delays can be. That’s why we’ve built a 24/7 quote/bind/issue platform that allows you to request and issue Florida maintenance bonds at your convenience.

Here’s how we help:

• Instant access to hundreds of bond forms and markets
• Fast turnarounds—many maintenance bonds can be issued same-day
• Online application and secure payment—no paperwork headaches
• Expert guidance for complex or high-value warranty bonds

Whether it’s your first bonded job or your 50th, we make the bonding process smooth so you can get paid, move on, and keep your operation running efficiently.

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Conclusion: Don’t Overlook the Final Step in Project Success

In Florida’s high-volume, high-stakes construction industry, finishing a job isn’t just about meeting deadlines and budgets—it’s about standing behind your work. Maintenance bonds play a crucial role in proving that your company delivers quality that lasts.

They protect project owners, build trust, and help you wrap up projects cleanly and professionally. And when managed properly, they become a tool—not a hurdle—for growth and long-term success.

At Florida Risk Partners, we believe in making bonding easy, transparent, and accessible. Whether you’re building public infrastructure, developing commercial properties, or installing municipal systems, we’re here to ensure you’re bonded, compliant, and confident from groundbreaking to warranty closeout.

So the next time you near the finish line on a Florida construction project, don’t let the maintenance bond become an afterthought. Let us help you secure it fast, issue it right, and finish strong.