The ECA Bond

• 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 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 ECA. The Bond covers all contracts entered into for the remainder of the calendar year.