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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."
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
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
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
Construction
Infrastructure
Engineering
Real Estate Development
Mining
Energy
Manufacturing
Government Contracting
Transportation
Utilities
Legal
Finance
Risk Management
Procurement
Operations
Commercial
Treasury
Project Management
Construction Management
Claims
Compliance
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
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