Surety

Traditionally a mainstay of the construction/infrastructure sector, we have also helped our surety clients innovatively deploy bonds and guarantees in a range of other sectors/industries both at home and abroad.

We advise on all aspects of bonds and guarantees including:

  • Bespoke, complex bond/guarantee wordings; facility/indemnity agreements; security arrangements; co-surety agreements and inter-creditor agreements.
  • Positioning bonds and guarantees in complex project structures.
  • Performance, adjudication and retention bonds on construction/infrastructure projects.
  • Refund guarantees and advance payment bonds.
  • Payment service/Electronic money safeguarding guarantees.
  • Pension bonds.
  • Bank sub-participation/syndication agreements.
  • Positioning of sureties in corporate restructurings and work-outs.
  • Managing bond claims in construction and the wider commercial sector: assessing and, where appropriate, disputing and/or negotiating settlement.
  • Backed up by in-house specialist sector knowledge/expertise, helping sureties and brokers analyse and explore innovative new market opportunities – including technology, defence, education, health, shipping, transport, retail and energy.

Our lawyers

Our core surety legal team have over 80 years’ collective experience representing sureties, domestically and abroad, both putting the deal together and dealing with distress scenarios and threathened and actual claims.

Our experience

We have years of experience advising sureties on a wide range of matters and in a variety of sectors. We will be able to help you. Recent examples of our experience include:

  • Carillion collapse: Negotiating and settling multiple bond claims following insolvency of the Carillion Group.
  • Various PPP projects (student accommodation, community nursing units, schools, social housing): Acted for issuers of adjudication and retention bonds.
  • Decommissioning bonds: Advising panel of sureties in relation to their entry into new or enhanced facility and intercreditor arrangements to enable sureties to offer uncommitted bonding lines worth approx. £200m.
  • Pension Bonds: Acted for issuers of pension bonds in excess of £120 million for a FTSE 100 company.
  • French shipbuilder: Acted for multi-surety panels on advance payment refund guarantee programmes (in aggregate €1 billion+) to support the construction of a series of cruise vessels in France.
  • Payment Services Regulations: Development of a form of surety bond meeting the requirements of the Payment Services Regulations 2017.
  • Successfully settled a disputed performance bond claim in excess of US $65 million relating to a LNG plant in South America.
  • Negotiating terms of surety participation in bank guarantee programme re statutory workers compensation obligations.
  • Drafting facility/indemnity documentation for many sureties in the UK market.

Our clients

Our clients include:

  • Accelerant Insurance Europe AS
  • American International Group UK Limited
  • Amynta Surety Solutions
  • Aviva Insurance Limited
  • Chubb European Group SE
  • Euler Hermes SA (NV)
  • Everest Insurance (Ireland), DAC
  • HCC International Insurance Company plc
  • Liberty Mutual Insurance Europe SE
  • Markel International Insurance Company Limited
  • Nationwide Mutual Insurance Company
  • Oakside Surety Limited
  • QBE UK Limited
  • Swiss Reinsurance Company Limited
  • Tokio Marine Europe SA
  • Travelers Insurance Company Limited
  • Tryg Forsikring A/S
  • United States Fire Insurance Company 
  • XL Insurance Company SE
  • Zurich Insurance Company Ltd

Legal resources you may find useful

  • Construction and engineering blog - regular updates and commentary on the latest legal news affecting anyone working in the construction and engineering industry.

Your main contacts

  • Lucy Collins

    Partner

    Lucy Collins

    Partner

    • +(44)(0)20 7648 5268
    • +(44)(0)7702 955743
    • Contact Lucy

      Contact Lucy Collins

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      Mills & Reeve will use the information you provide in this form in accordance with our privacy policy. We may from time to time send you general updates by email or post that we think you will find of interest. This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

      Thank you

      Thank you for your enquiry. We will be in touch shortly.

    • London
    • +(44)(0)20 7648 5264
    • +(44)(0)7786933433
    • Contact Justin

      Contact Justin Hennessey

      * = required

      Mills & Reeve will use the information you provide in this form in accordance with our privacy policy. We may from time to time send you general updates by email or post that we think you will find of interest. This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

      Thank you

      Thank you for your enquiry. We will be in touch shortly.

    • London
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