The expertise of Halliwells' specialist Bonds and Surety team is such that they can advise on all aspects of performance bond work - from inception of a PFI project, a development or bonding facility and putting in place the appropriate documentation right through to hopefully satisfactory completion of the project.

When things go wrong the team can assist in offering immediate advice on steps to be taken forthwith to protect your position. Should a dispute arise, they are familiar with the complex issues such as: identifying the nature of damages which can be claimed, and those which cannot; ascertaining whether there are any applicable rights of set off; advising on special defences which might arise in the context of performance bonds.

It is usually necessary to consider other avenues of possible recovery if disaster has struck and the original contractor is insolvent. The team is familiar with indemnity and guarantee claims as well as lodging claims with liquidators/administrators, including preferential claims as appropriate.

Additionally, the team is experienced in dealing with freight forward guarantees, duty deferment facilities and customs and excise bonds.

Areas of Specialism / Expertise

• Advising upon the wording of: general and project specific bonds; facility letters; general and project specific counter indemnities
• Advance payment bonds
• Claims pursuant to indemnities
• Customs and excise bonds
• Default or conditional bonds
• Development finance
• Freight forward guarantees
• Guarantees
• Indemnity arrangements
• Maintenance bonds
• Marshalling
• On demand bonds
• Performance bond in relation to development (including PFI) projects
• Performance bond facilities
• Performance bonds to secure obligations under standard form of contract, including JCT, ICE, GC/Works 1, 1 ChemE, FIDIC
• PFI
• Proving bond and indemnity related claims in liquidations of principal
• Release of bonds
• Resolution of performance bond disputes by: litigation; expert determination; ADR; mediation
• Restructuring of binding facilities
• Retention bonds
• Set off in relation to bond claims
• Special rules relating to proof of surety claims in insolvency
• Surety