Performance Bonds provide that work will be fully completed in accordance with the terms and conditions of the power construction contract. The performance bond guarantees the faithful performance of the terms in the contract. In the event of being declared in contractual default by the developer/IPP the carrier issuing the bond must pay all unpaid penalties as stipulated and restore the completion of the project. Since the carrier is assuming this liability, they have the right to replace the contractor or work with the existing contractor to complete the project. This bond protects the investor, developer and IPP from loss of their investment and also prevents potential ITC clawbacks while safeguarding the end user/offtaker rights in their contract (PPA) to receive the energy they contracted for.
Payment Bonds, aka Labor and Material Bonds, guarantee that the contractor will pay certain subcontractors, laborers and materials suppliers involved in the project for labor and materials in the event of contractual default.
Requiring a performance and payment bond makes it easier to finance a solar project for the EPC, developer and offtaker and can assist an investor when monetizing or securitizing a single solar project or a portfolio of solar projects. Surety is not a credit enhancement. Surety is a contract performance guarantee that mitigates risk and fills an important gap protecting the project for contractual default not otherwise covered by general property and casualty insurance.
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