ADVANCE PAYMENT BOND
It is a guarantee given when money is paid before goods or services are supplied. So, if the client agrees to make an advance payment (sometimes referred to as a down payment) to a supplier, a bond may be required to secure the payment against default by the contractor. This is referred to as an Advance Payment Bond (APB), Advance Payment Guarantee or Advance Stage Payment.
APBs are widely used in a number of industries including the Construction Industry. In the case of a construction project, the contractor (in this instance, the Principal) may request an advanced payment prior to the project commencing in order to purchase high value plant or materials that are specifically required for the project. The client may make an advance payment on the premise of an Advance Payment Bond being supplied to secure said client in the event that the contractor fails to fulfil its contractual obligations, for example if the contractor becomes insolvent. Typically, the amount of the bond equals the sum advanced.
An Advance Payment Bond will normally be an On-Demand Bond, meaning that if requested in writing, the bond will immediately be paid out in full without any preconditions having to be met. This is as opposed to a Conditional Bond (or default bond) which requires that the client (the Obligee) meets certain conditions before the bond will be paid out. This normally means that the client has to provide evidence that the contractor (the Principal) did not meet their obligations and fulfil the contract, and that they have therefore suffered losses.
Advance Payment Bonds must be very carefully drafted to set out the circumstances for payment and to make clear that they are On-Demand Bonds. They are best provided by a surety as opposed to a bank as they can ordinarily be delivered on an unsecured basis as they do not infringe on working capital.
Why get an Advanced Payment Bond?
The APB facilitates and supports payments to contractors by the client in advance of work being done.
Significant costs are often involved for the contractor and the advanced payment can be vital for their cash flow and ability to undertake the project.
AN APB protects the client should the contractor fail to fulfil its contractual obligations, for example if the contractor becomes insolvent.
Who requires an Advanced Payment Bond?
Who is the beneficiary of a Retention Bond?
To get started
Complete the Advanced Payment Bond Proposal Form. Download here
Last two years consolidated audited accounts
Up-to-date management accounts
Details of banking & borrowing facilities . Client needs to send to their bank for completion
Details of bonding requirements
Advise form of contract
Copy of bond wording required
The surety process can be a daunting one, but like everything, it’s easy when you know how! Surety Bonds are experts in sourcing and providing customised surety solutions and is Ireland’s only specialists in the field. We will take the hard work and hassle out of the process for you and ensure the best solution for your requirements. Contact us today, we would be happy to discuss your surety needs with you.