Form HUD-92452-A, Payment Bond, is a bond form of the U.S. Department of Housing and Urban Development (HUD), Office of Housing. In it a contractor (the Principal) and a surety bind themselves to the Owner for the use and benefit of claimants who supply labor or material to a Housing Project. The form says it is issued simultaneously with a Performance Bond in favor of the Owner. On this page you can fill out the payment bond online on FillingPDF and download or print the completed PDF; the original form is published by HUD at hud.gov.
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What is HUD-92452-A?
Form HUD-92452-A, Payment Bond, is the U.S. Department of Housing and Urban Development (HUD) bond in which a Principal and a Surety bind themselves to an Owner to pay claimants for labor and material used under a Construction Contract.
The bond names the Principal, the Surety and the Owner (the Obligee), states the sum of the bond in dollars, and identifies the Construction Contract by its date and the Housing Project it covers. The contract is made part of the bond by reference. If the Principal promptly pays all claimants for labor and material used or reasonably required for use in the contract, the obligation is void; otherwise it stays in force.
The printed conditions define a claimant as a person with a direct contract with the Principal, or with a subcontractor of the Principal, for labor, material or both. They also cover water, gas, power, light, heat, oil, gasoline, telephone service and rental of equipment directly applicable to the contract. They set the notice, suit and venue rules for claimants and reduce the bond amount by good-faith payments, including payment by the Surety of mechanics' liens.
The form is marked as issued simultaneously with a Performance Bond in favor of the Owner, so it is not a substitute for that bond. It carries OMB Approval No. 2502-0470 (Expires 12/31/2027) and refers to Handbook 4571.1. Page 2 adds a bond block with a Payment Bond number, On Behalf of, To, Date and Expires entries.
Who needs to file HUD-92452-A?
The contractor named as Principal and the surety company named as Surety complete and sign this bond when a Construction Contract for a HUD Housing Project calls for a payment bond issued together with a Performance Bond. The Owner is named as Obligee and is the party the bond is made out to.
Claimants do not complete the form, but they are the people it protects. A claimant is anyone with a direct contract with the Principal, or with a subcontractor of the Principal, for labor, material or both used or reasonably required for use in the contract. A claimant without a direct contract with the Principal must give written notice before suing, as explained under When to file.
The Owner is not liable for the costs or expenses of a claimant's suit on the bond. The form does not describe who may sign for the Principal or the Surety beyond providing signature lines marked "By:" under each, and a witness line for the Principal.
When to file HUD-92452-A
The bond is prepared when the Construction Contract for the Housing Project is entered into, and the form is issued simultaneously with the Performance Bond. It carries a signing date ("Signed and Sealed this ___ day of _, 20") and, on page 2, a Date and an Expires entry.
Timing matters mainly for claimants. A claimant without a direct contract with the Principal must give written notice to any two of the Principal, the Owner or the Surety within ninety (90) days after the claimant did or performed the last of the work or labor, or furnished the last of the materials. A claimant who has not been paid in full before the expiration of ninety (90) days after that date may sue on the bond. No suit may be started after one (1) year following the date on which the Principal ceased work on the contract; if a controlling law prohibits that limit, the limit is amended to the minimum period the law permits.
How to fill out HUD-92452-A
Enter the project number
At the top right, enter the Project Number in the space provided next to the note that the bond is issued simultaneously with the Performance Bond.
Name the Principal
In the first blank of the opening paragraph, enter the name of the Principal, followed by its location in the "of" space.
Name the Surety
Enter the Surety's name and complete the "a ___" description that follows it, as the form asks, before "as Surety".
Name the Obligee
Enter the name of the Owner on the line before "as Obligee". The form refers to this party as the "Owner" throughout.
Enter the sum of the bond
Write the amount of the bond in words on the Dollars line and as a figure after the dollar sign.
Identify the contract and project
Enter the date of the Construction Contract and the designation of the Housing Project it covers, in the spaces of the "Whereas" paragraph.
Read the conditions
Conditions 1 to 4 (claimant definition, right to sue, notice and suit limits, reduction of the bond amount) are printed text and need no entries.
Date the bond
Complete "Signed and Sealed this ___ day of _, 20" with the day, month and year of signing.
Sign for the Principal
Have the Principal sign above the (Principal) line next to the (Seal) mark, with a witness on the line provided for the witness as to Principal.
Sign for the Surety
Have the Surety sign on the "By:" line above the (Surety) line.
Complete the page 2 block
On page 2, fill in the Payment Bond No., On Behalf of, To, Date and Expires entries and the dollar amount, as the printed block asks.
Review and download the PDF
Check names, amount, contract date, project designation and signatures, then download or print the completed PDF from FillingPDF.
How to submit HUD-92452-A
The form prints no filing address, portal or appointment rule of its own. It is a bond executed by the Principal and the Surety in favor of the Owner, issued simultaneously with a Performance Bond, and it refers to Handbook 4571.1 at the foot of each page for HUD's requirements.
Claimant notices are a separate matter, and the bond spells them out. Notice is served by mailing it by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety at any place where an office is regularly maintained for the transaction of business. It may also be served in any manner in which legal process may be served in the state where the project is located; service need not be made by a public officer. The notice goes to any two of the Principal, the Owner or the Surety.
Any suit on the bond must be brought in a state court of competent jurisdiction in the county or other political subdivision where the project, or any part of it, is situated, or in the United States District Court for the district where the project is situated, and not elsewhere.
FillingPDF lets you fill out and download the PDF; submission follows the channels above and the requirements of the Owner and HUD.
Common mistakes to avoid
- Leaving the Construction Contract date or the Housing Project designation blank; the contract is made part of the bond by reference to that date and project.
- Entering the bond sum in only one place; the form asks for the amount in Dollars and as a figure after the dollar sign.
- Omitting the signing date, the witness line for the Principal, or the Principal's or Surety's "By:" signature.
- Treating this form as the Performance Bond; the form states it is issued simultaneously with a Performance Bond in favor of the Owner.
- A claimant without a direct contract with the Principal giving notice to only one party; written notice must go to any two of the Principal, the Owner or the Surety.
- Sending a claimant notice by ordinary mail; the bond calls for registered or certified mail, postage prepaid, or service in any manner legal process may be served.
- Starting a suit more than one year after the Principal ceased work, unless a controlling law changes that limit.
- Filing suit outside the state court for the county where the project is situated or the U.S. District Court for that district; the bond allows no other forum.
Frequently asked questions
What is Form HUD-92452-A, Payment Bond?
Form HUD-92452-A is a U.S. Department of Housing and Urban Development bond in which a Principal and a Surety bind themselves to an Owner to pay claimants for labor and material used under a Construction Contract for a Housing Project. It is issued with a Performance Bond.
Who is a claimant under this payment bond?
A claimant is someone with a direct contract with the Principal, or with a subcontractor of the Principal, for labor, material or both used or reasonably required for use in the contract. The bond includes water, gas, power, light, heat, oil, gasoline, telephone service and equipment rental directly applicable to the contract.
When can a claimant sue on the bond?
A claimant not paid in full within ninety (90) days after the last work or materials may sue on the bond. A claimant without a direct contract with the Principal must first give written notice within those 90 days to any two of the Principal, Owner or Surety.
What is the deadline to sue on a HUD payment bond?
No suit may be started after one (1) year following the date on which the Principal ceased work on the contract. If a controlling law prohibits that limit, it is amended to the minimum period of limitation the law permits.
Where can a suit on the payment bond be filed?
Only in a state court of competent jurisdiction in the county or other political subdivision where the project, or any part of it, is situated, or in the United States District Court for the district where the project is situated. The bond allows no other forum.
Is the payment bond the same as the performance bond?
No. The form states that it is issued simultaneously with a Performance Bond in favor of the Owner, conditioned on full and faithful performance of the contract. This payment bond covers payment to claimants for labor and material.
Who signs Form HUD-92452-A?
The Principal and the Surety each sign on a "By:" line, the Principal's signature carries a seal mark, and the form has a line for a witness as to the Principal. The bond also carries a signing date in the "Signed and Sealed this ___ day of ___" line.
Can I fill out Form HUD-92452-A online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service: it does not file or deliver the bond, and it is not affiliated with HUD.
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