Design-Build Performance Bond - 471

ConsensusDocs 471 is a standard performance bond specifically developed for design-build construction projects where the surety’s responsibility is limited to construction work only, excluding any liability related to design services. Created through a collaborative process involving a broad coalition of construction and design industry organizations, this bond form offers a balanced and industry-accepted approach for performance assurance on design-build projects.

Unlike ConsensusDocs 470, which includes surety liability for both construction and design, ConsensusDocs 471 focuses solely on the construction performance portion of the Design-Builder’s scope of work. This bond is ideal for situations where a separate agreement or arrangement governs the design aspects of the project and where the Design-Builder assumes direct responsibility for managing design services without requiring surety involvement in that component.

Key Features of ConsensusDocs 471:

• Construction-Only Surety Obligation: Limits the surety’s liability strictly to the performance of construction-related tasks under the design-build contract.
• Excludes Design Services Liability: The bond clearly states that the surety is not responsible for potential losses or deficiencies tied to architectural or engineering services.
• Industry-Driven Development: Formulated with input from leading associations representing owners, contractors, subcontractors, and sureties, ensuring broad usability and fairness.
• Risk Mitigation: Helps owners secure performance guarantees for construction execution without involving the complexities and potential liabilities of design oversight.

Who Should Use This Bond?

Owners and Design-Builders seeking clear separation between construction performance and design responsibilities will benefit from using ConsensusDocs 471. It is particularly useful when the Design-Builder retains a Design Professional (e.g., architect or engineer) under a separate agreement, such as ConsensusDocs 420, and where design-related liability does not fall under the performance bond’s purview.

ConsensusDocs 471 ensures that performance risk is managed properly for the construction portion of a design-build project, offering a streamlined, industry-backed solution for performance security—without overextending the surety’s obligations into design liabilities.