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ARTICLE · 19 MARCH 2021

Only Bricks And Mortar? Your Performance Bond Might Cover More Than You Think

Players in the construction industry rely on risk allocation to keep the industry functioning. As Covid-19 has reminded us, the world is full of uncertainty; even carefully planned

CanadaReal Estate and Construction

Players in the construction industry rely on risk allocation to keep the industry functioning. As Covid-19 has reminded us, the world is full of uncertainty; even carefully planned, well-organized projects can be derailed by insolvencies, poor performance, inclement weather, breakdowns in the supply chain, or global pandemics.

For owners, a performance bond is an effective hedge against the negative consequences of unpredictable risks; in fact, on larger projects, owners may require that a general contractor procure a performance bond from a surety as a condition of being awarded the project. Under a performance bond, the owner typically assumes the role of "Obligee" and the general contractor assumes the role of "Principal". If a general contractor defaults under the contract, a performance bond enables the owner to call on the surety to complete the project. The surety can complete the project using one of three options:

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