The ECA Bond
Assuring your customers that work carried out will be completed
The 2023 ECA Bond is FREE, but must be downloaded and issue to the client. Combining the historic ECA Warranty & Bond into one product, it continues to provide (subject to its’ terms and conditions), ECA Members’ clients with an assurance that:
- This is not a performance bond, but it may be accepted in lieu of a performance bond by a client as it is FREE – saving both parties significant sums - covers the same principle risk, i.e. contractor insolvency prior to completion of the works.
- If, prior to completion of the work, their employment as an ECA Member is terminated, because of the insolvency of your business, the additional cost of completion will be met by the ECA’s insurer, or,
- If, after completion of the work, work is found to be non-compliant with relevant technical standards the work will be rectified or the remedial cost will be met by the insurer (Markel).
Features of the ECA Bond are:
- It covers Clients ( being a business/organisation which is the owner or tenant or purchaser or funder of the location where the works are carried out).
- For contracts which are evidenced in writing (emails etc,.), appropriate to the relationship and which comply with the Construction Act. A contract comes into existence when accepted in writing or by one party indicating through payment, instructions, starting work etc., their acceptance.
- It covers work done in United Kingdom of Great Britain and Northern Ireland, the Channel Islands, the Isle of Man and rigs or offshore structures within UK Territorial Waters.
- It covers work done by a Member or their sub-contractors for:
- any electrical, voice/data communications, security or control systems installation, survey, design or maintenance and servicing thereof,
- any incidental and minor builders work, and
- testing of such installations, and any goods or materials to be supplied and /or incorporated therein.
- Cover under the Bond extends to:
- If a Member becomes insolvent prior to completion.
- If post-completion (6 yrs), work is found to be non-compliant with relevant technical standards and codes of practice – having given the Member a reasonable opportunity to rectify such work.
- A claim for insolvency must be notified within 30 days of determination with evidence of that determination.
- Markel will choose if work will be completed by another ECA Member or a monetary pay-out is made.
- Cover is for the difference, between the amount that would have been due to the Member for all outstanding work and the new contractor’s price (including the rectification of any defects and fluctuations).
- For insolvency prior to completion, the Bond will only extend to a contract value limit of 30% of the Member’s relevant turnover declared to ECA membership, subject to a maximum contract value limit of £5,000,000. The maximum limit of the Bond prior to completion is 30% of the first £50,000 of the Member’s contract price, plus 10% of the remainder of the Member’s contract price.
- For technical non-compliance after completion, the maximum limit of an ECA Bond is 25% of the Member’s contract price subject to a cap of £100,000.00.
- The Member is required to repay to Markel all sums paid out as a result of a valid claim under the Bond. Any amount recoverable from the Member is set-off against Markel’s liability.
- Cover does not extend to loss for which the client would otherwise be reimbursed under a guarantee, bond or insurance product elsewhere.
- Cover is capped for any one client over the year at £100,000.00.
For Member companies trading less than 3 Years at the commencement of the coverage period the contract value limit and maximum limit shall be restricted to 25% of the value that would otherwise apply.
For Member companies that fail to declare a valid turnover to ECA the contract value limit and maximum bond limit shall be restricted to 50% of the value that would otherwise apply.
For Member companies with an actual or estimated annual turnover in excess of £60m the limit, after the application of the above, is restricted to 10% of the member’s contract price provided that Markel’s total liability in respect of any one contract shall not exceed £5,000.
Bond certificates are available to Members from the ECA’s website. Values change on an annual basis and in proportion to Member’s turnover declarations at the start of each new calendar year; once turnover has been declared and subscription fee paid to the ECA. The Bond covers all contracts entered into for the remainder of the calendar year.
Using the Bond
The Bond certificate has been designed so that a generic certificate can be obtained and attached to a Member’s quote by way of an example as to what is being offered.
Once a contract has been entered into, the ECA Member can login to the ECA/Markel portal, enter the relevant information and download a copy of the contract specific ECA Bond.
The Member’s client can then, provided it has the Bond certificate, make a claim should the need arise.
The link to the refreshed 2023 ECA Bond via the Markel portal can be accessed here once you are logged into MyECA via the ECA website.
- The ECA Bond is underwritten by Markel International Insurance Company Limited, whose ultimate holding company is Markel Corporation and is offered by ECA and by any Member of ECA to businesses or organisations that have Work done by the Member.
- As the product is an insurance product covering all ECA Members, Markel are unable to alter, upgrade or modify the policy/cover.
- All questions, correspondence and claims must be addressed to:
ECIC
20 Fenchurch Street
London EC3M 3AZ
Tel 0330 2210250
Email ecic.bonds@markel.co.uk