To fill out AIA bid bond form A310, enter the full legal names and addresses of the contractor (Principal), the surety, and the owner (Obligee); write the penal sum in both words and figures; describe the project with enough detail to tie the bond to the solicitation; date it no later than the bid date; and have both the contractor and the surety’s attorney-in-fact sign, with the power of attorney attached. The form itself is one page. The work sits in getting a surety lined up first and in making sure every entry matches the bid and the solicitation exactly.
Line Up a Surety Before You Touch the Form
You cannot complete the A310 on your own. The surety company backs the bond, and its authorized agent signs it. That relationship has to exist before a specific bid comes up.
Once you are prequalified, the surety sets a bonding capacity covering your maximum single-project size and aggregate workload. When you decide to bid a specific job, the surety reviews the project and, if approved, authorizes its attorney-in-fact to execute the A310. Only then does the form get filled in.
Get the Current Version of the Form
Buy the current A310–2010 through AIA Contract Documents at aiacontracts.com or an authorized distributor. It is sold as a fillable digital document. Some owners include a blank copy in the bid package; if they do, confirm the edition matches what the solicitation requires. Older editions, including the 1970 version still floating around, use different language and can be rejected.
Complete the Blanks
The A310 is short. A bond with mismatched names, a missing amount, or a vague project description can make the entire bid non-responsive, so precision on each blank matters more than the length of the form suggests.
Identify the Three Parties
Enter the full legal name and address of each party. The Contractor is the entity submitting the bid and appears on the form as “Principal.” The Surety is the bonding company. The Owner is the entity soliciting bids and appears as “Obligee.” Use the exact registered legal name for each — not a trade name, abbreviation, or DBA unless that is the legal name. If the name on the bond does not match the name on the bid, the owner can reject the bid at opening.
State the Penal Sum
Write the bond amount in both words and figures. The solicitation tells you the required amount, usually expressed as a percentage of your bid price. Private and state-funded projects generally require somewhere between 5% and 10%.
Federal projects are different. The Federal Acquisition Regulation requires bid guarantees of at least 20% of the bid price, capped at $3 million.1Acquisition.GOV. 28.101-2 Solicitation Provision or Contract Clause If the solicitation states a percentage and a dollar cap, check both. A penal sum that falls below the stated minimum disqualifies the bid.
Describe the Project
Give enough detail to tie the bond to the specific procurement. AIA’s own instructions call for the official project name or title, the site location, the building type, size, scope, or intended use, and the owner’s project number if one has been assigned.2AIA Contract Documents. Instructions: A310-2010, Bid Bond Copy the project name exactly as it appears in the invitation to bid.
Enter the Bid Date
Record the date of the bid opening. The bond’s execution date cannot be later than the bid date. A bond dated after the bid was submitted is worthless because it did not exist when the bid was tendered.3The American Institute of Architects. Document A310-2010 Instructions Bid Bond
Sign and Attach the Power of Attorney
Both the Contractor and the Surety must sign. This is where most defects show up, and it is the first thing an owner inspects at bid opening.
Contractor Signature
An authorized officer or representative signs on behalf of the Principal. Print the signer’s name and title beneath the signature. If your bylaws or operating agreement require a board resolution to bind the company to a surety obligation, attach that resolution to the bond.
Surety Signature and Power of Attorney
The surety’s attorney-in-fact signs on the surety’s behalf. That person is almost never a direct employee of the surety; typically it is a bond producer who holds signing authority under a power of attorney. Attach the power of attorney to the bond, and make sure its date matches the bond’s execution date.4AIA Contract Documents. Summary: A310-2010, Bid Bond Owners routinely check for an embossed seal on the power of attorney. If it is missing or expired, the bond can be treated as defective.
Corporate Seal
The AIA instructions call for a corporate seal “if any.” Not every jurisdiction still requires one, and many companies no longer maintain a seal. On federal projects using Standard Form 24, corporations are explicitly required to affix a corporate seal. When the solicitation is silent, applying a seal adds formality and heads off challenges to the bond’s validity. When in doubt, use it.
Submit the Bond
The completed A310 goes into your bid package. Some owners require the original paper bond in a sealed envelope with the bid; others accept digital copies through an electronic procurement portal. The instructions to bidders will specify the format.
Once bids are opened, the owner verifies each bond. The checks are quick and unforgiving:
- Is the surety licensed to do business in the state where the project is located? For federal projects, is the surety listed on Treasury Department Circular 570?5Bureau of the Fiscal Service. Surety Bonds
- Is the power of attorney current, sealed, and dated to match the bond?
- Does the penal sum meet or exceed the minimum in the solicitation?
- Do the party names on the bond match the names on the bid?
A bond that fails any of these checks can make the entire bid non-responsive, and owners generally have no discretion to waive the defect after bid opening.
Federal Projects: Circular 570 and the 20% Rule
On federal construction contracts, the surety must appear on the Department of the Treasury’s Circular 570, the official list of companies authorized to write or reinsure federal bonds.5Bureau of the Fiscal Service. Surety Bonds Verify the listing at fiscal.treasury.gov, which maintains searchable directories of certified companies, certified reinsurers, and approved pools and associations.
Federal bid guarantees must be at least 20% of the bid price and cannot exceed $3 million.1Acquisition.GOV. 28.101-2 Solicitation Provision or Contract Clause That is well above the 5% to 10% range typical of private work, so confirm the required amount before your surety issues the bond.
After Bid Opening
If your bid is not selected, the bond’s obligations end automatically once the owner makes its final selection and executes a contract with the winning bidder. Nothing is required from you to release it.
If you win, the bond stays active until you sign the construction contract and deliver whatever performance and payment bonds the owner requires.4AIA Contract Documents. Summary: A310-2010, Bid Bond
If You Default
Defaulting means you won the bid but refused to sign the contract or failed to provide the required performance and payment bonds. Under the A310, the owner’s recovery is not the full penal sum. It is the difference between your bid and what the owner pays the next qualified bidder, capped at the penal sum.4AIA Contract Documents. Summary: A310-2010, Bid Bond Bid $1 million with the next bidder at $1.05 million, and the owner can claim $50,000, not the full percentage penal sum. Some other bid bond forms use forfeiture language and make the entire penal sum payable regardless of the cost difference; the A310 uses the actual-damages approach. Either way, a default claim damages your standing with your surety and can make future bonding harder.
Withdrawing for a Clerical Error
If you find a mathematical or clerical mistake in your bid, such as a transposed number or a misplaced decimal, you may be able to withdraw without forfeiting the bond. The general standard requires that the mistake was genuinely clerical rather than a bad estimate, that the bid was submitted in good faith, that you can prove the error with supporting paperwork, and that you notify the owner promptly after discovering it. Errors in judgment, like underestimating labor or misreading the specifications, are not clerical mistakes and generally will not support withdrawal. Keep your estimating worksheets and subcontractor quotes; they are the evidence you need if the distinction becomes a dispute.