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The term Performance Bond is often misleading, which can leave contractors confused about the difference between a performance bond and a performance guarantee. Most construction Performance Bonds are actually Guarantees. Bonds and Guarantees are related but are different. The right to claim under a Guarantee is linked to non-performance of the underlying contract. Under a Bond, the bank usually pays on demand regardless of the underlying contract.

Project owners typically accept both Performance Guarantees issued by insurance companies and Performance Bonds issued by banks.

difference between a Performance Bond and a Performance Guarantee

The difference between a Performance Bond and a Performance Guarantee at claim stage?

The difference between a Performance Bond and a Performance Guarantee becomes more noticeable at claims stage.

Performance Guarantees will:

  • Finance the original contractor or provide support necessary to allow him to finish the project
  • Arrange for a new contractor to complete the contract
  • Assume the role of the contractor and subcontract out the remaining work to be completed
  • Pay the amount of the bond

Performance Bonds:

Because banks will be holding a substantial amount of cash as security, and because they don’t mediate in contract disputes, banks will be inclined to pay out the money to the Employer and look to the Contractor for re-imbursement.

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A Performance Guarantee is a contractor’s promise to complete the construction project within the deadlines, while meeting all contractual conditions.

Get your Letter of Intent almost instantly

The term ‘Letter of Intent’ (LOI) is typically used to describe a letter from an Employer to a Contractor (or from a main Contractor to a Subcontractor) indicating the Employer’s intention to enter into a formal written contract for Works described in the letter, and asking the Contractor to begin those works before the formal Contract is executed. While an Letter of Intent may come in many forms, it’s essentially a communication expressing an intention to enter into a Contract at a future date.

How do you get a Performance Guarantee?

When applying to get a Performance Guarantee, you’ll have to answer basic questions about your professional work experience and your company’s financial history. If your business has more than one owner, the financial credentials of all owners must be submitted.

Help! What construction insurance do I need?

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When is a Performance Guarantee called on?

Building Contractors often ask us the question: When is a Performance Guarantee called on? When your company starts bidding on projects for cities, provinces or municipalities, you’ll be expected to provide assurance that you can meet the obligations detailed in the Contract.

This assurance comes in the form of a Performance Guarantee. Basically, what happens is that a surety company (an insurer or bank), for a certain fee, steps in and guarantees your performance. Surety companies don’t work directly with Contractors. Instead, they partner with brokerages like us.

What is Construction Bidding?

Construction bidding is the process of submitting a proposal/tender to build or manage a construction project. Public tenders, or those with a government department, follow different rules than private tenders. They must be advertised in advance, and they allow any qualified contractors to bid if they choose to. Private owners may opt to limit the construction bidding process to contractors they have chosen as bidders.

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Civilsure Contractors All Risk
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Civilsure Construction Liability
Civilsure Trade Credit
Civilsure Professional Indemnity

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