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Surety

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

How we can help

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.
  • Bank sub-participation/syndication agreements.
  • Pension bonds.
  • 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 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.

Did you know?

€1 billion+

Advance payment refund guarantee programmes supporting a Shipbuilder in France.

Nil

Amount paid by surety following a recent disputed bond demand in South East Asia.

£120 million+

Pension bonds for a FTSE 100 company. 

What do others say?

 

“The surety team at Mills & Reeve has unparalleled experience and is the 'go to' option for complex/structured surety transactions.”

Paul Philand

Global Head of Surety at RKH Specialty Brokers

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

Our lawyers

Our core surety legal team have over 80 years’ collective experience representing sureties, domestically and abroad. They're experienced in both putting the deal together and dealing with distress scenarios, as well as threatened and actual claims.

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Meet the team