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Performance Guarantee Bond Template for Canada

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Key Requirements PROMPT example:

Performance Guarantee Bond

"I need a Performance Guarantee Bond for a $5 million construction project in Ontario, where ABC Construction Ltd. is the principal contractor, and we require 100% performance coverage from a Canadian surety company, with the bond to be effective from March 1, 2025."

Document background
The Performance Guarantee Bond serves as a critical risk management tool in Canadian commercial transactions, particularly in construction and infrastructure projects. It provides security to project owners (Obligees) by ensuring that a qualified Surety will either compensate them or ensure project completion if the Principal defaults on their obligations. The document typically specifies a maximum guarantee amount (usually 50-100% of the contract value), detailed claim procedures, and the Surety's rights and obligations. Operating within the Canadian legal framework, these bonds must comply with federal and provincial regulations, including specific requirements for surety companies under the Insurance Act. The bond becomes especially important in public sector projects, where it's often mandatory, and in large-scale private developments where significant financial exposure needs to be managed.
Suggested Sections

1. Parties: Identifies and defines the Principal (contractor), Surety (guarantor), and Obligee (beneficiary) of the bond

2. Background: Describes the underlying contract or obligation being guaranteed and the purpose of the bond

3. Definitions: Defines key terms used throughout the bond document

4. Guarantee: States the fundamental guarantee commitment and the maximum amount of the bond

5. Conditions of Liability: Specifies the conditions under which the bond becomes payable

6. Claim Procedure: Details the process and requirements for making a claim under the bond

7. Surety's Obligations: Outlines the specific obligations and options available to the Surety upon receipt of a claim

8. Duration and Expiry: Specifies the term of the bond and conditions for its expiration

9. Governing Law and Jurisdiction: Specifies the applicable law and jurisdiction for disputes

Optional Sections

1. Step-In Rights: Optional clause giving the Surety the right to take over and complete the underlying contract - typically included for construction projects

2. Multiple Obligees: Required when there are multiple beneficiaries of the bond, such as in project finance situations

3. Assignment: Include when the bond needs to be assignable to other parties

4. Alternative Dispute Resolution: Optional section specifying mediation or arbitration procedures

5. Counter-Indemnity: Include when the Principal must provide indemnity to the Surety

6. Currency Provisions: Required for international contracts or when multiple currencies are involved

Suggested Schedules

1. Schedule A - Underlying Contract: Copy or summary of the contract being guaranteed

2. Schedule B - Form of Claim Notice: Standard form for submitting claims under the bond

3. Schedule C - Project Details: Specific details of the project or obligation being guaranteed

4. Appendix 1 - Performance Standards: Detailed performance criteria that must be met

5. Appendix 2 - Claim Documentation Requirements: List of required documents and evidence for making a claim

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Construction

Infrastructure

Engineering

Real Estate Development

Mining

Energy

Manufacturing

Government Contracting

Transportation

Utilities

Relevant Teams

Legal

Finance

Risk Management

Procurement

Operations

Commercial

Treasury

Project Management

Construction Management

Claims

Compliance

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Risk Manager

Chief Financial Officer

Construction Manager

Procurement Manager

Commercial Director

Surety Underwriter

Claims Manager

Corporate Treasurer

Business Development Manager

Operations Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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