Bonds

Bonds or guarantees are used on many construction projects in order to provide security to the employer against contractor non-performance. There are several types of bond including performance bonds, retention bonds and advance payment bonds. For more on performance security documents in construction generally, see Practice Note: Performance security in construction.

Performance bonds

There are essentially two categories of performance bond—the default (or conditional) bond and the on demand bond.

A performance bond is a contract entered into between a bank or insurance company (surety) and an employer, whereby the surety accepts liability for the performance of the contractor under a building contract. Typically for UK construction contracts the value of the bond will be 10% of the contract value.

The requirement to provide a performance bond typically arises from a provision of the building contract and is often a pre-condition to the employer entering into the building contract. The form of bond is usually attached to the contract and is in a form which is satisfactory to the employer. For more information, see Practice Note: Performance bonds—construction projects. For an example performance

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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