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Guarantees

When is a Performance Guarantee called on?

Updated 14 July 20251 min read

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.

When is a Performance Guarantee called on?

So, when is a Performance Guarantee called on?

A

Performance Guarantee

is typically arranged before the start of the Contract, when the relationship between parties is good. In contrast, calls on

Performance Guarantees

are usually made after negotiations fail and communication has broken down. It’s little wonder that demands on

Performance Guarantees

are frequently opposed and challenged. If the Contractor doesn’t complete the project, or if the work is not up to the promised quality, the Employer can make a claim against the surety company that issued the

Guarantee

. The surety company will investigate, and if they find that the Contractor did fail to perform, they will award damages to the Employer in line with the cost of the Contractor’s failure. Of course, the Contractor doesn’t get off scot free. They will then have to pay the surety company back in full. The cost of a

Performance Guarantee

is based on a variety of factors, including the scope of the

Contract Works

and the Contractor’s creditworthiness (the surety company will want to make sure the Contractor can pay back the

guarantee

amount if necessary). Even though all this may sound complicated, A

Performance Guarantees

is not too difficult to get. We’d be happy to answer any questions you may have and to walk you through the application process. Just

complete this form

and we’ll get in touch.

Reading about it is the easy part.

Send us the contract or the policy wording and we will tell you what it actually does on your site.

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