Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Related Glossary Terms

CASE STUDY

“LexisNexis is great as I can find the answers I am looking for really quickly. I believe that nothing should be more than 6 clicks away - and the products from LexisNexis deliver on this standard”

Avensure

Access all documents on Advance payment bond

Advance payment bond meaning

What does Advance payment bond mean?
An advance payment bond is security provided by a bank or surety at the contractor/supplier’s request to protect the employer/buyer for money paid up front under a construction, supply or services contract. It ensures repayment (often with interest) of the advance if the contractor fails to perform, misses agreed milestones for earning the advance, or becomes insolvent. The bond is typically issued for the amount of the advance and reduces pro rata as goods are delivered or works are certified. It usually expires on full earning/repayment of the advance or on a specified date. The wording determines whether it is an on-demand (autonomous) bond, payable against a compliant demand, or a conditional/surety bond, which requires proof of breach. Calls, notice requirements, governing law and jurisdiction are matters of contract. This is a descriptive market term rather than a statutory definition. Its legal effect is governed by the bond terms and the common law (or, in Scotland, the law of cautionary obligations) on guarantees and demand bonds. Usage and effect are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. An advance payment bond is distinct from a performance bond: it secures repayment of the advance, not general performance.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Advance payment bond

CHECKLISTS
Construction advance payment bonds: drafting and negotiation checklist covering breach and insolvency triggers, demand procedures, caps, expiry, assignment, notices and governing law and jurisdiction

This checklist outlines matters to weigh up when preparing and agreeing an advance payment bond for a construction project. See also Practice Note: Advance payment bonds. Parties Where a party has its registered office outside England and Wales, it may need to nominate a service address within England and Wales. Consider carefully before accepting a surety located outside the UK and, where relevant, verify the surety is properly authorised to issue bonds in the UK. Always include company registration numbers so companies can be identified in the future. The relevant contract Set out the full particulars of the building contract and the works to which the advance payment bond applies, as appropriate...

Read More Right Arrow

View the related News about Advance payment bond

NEWS
UK, EU and international financial services regulatory update—authorisations, prudential, sanctions and crypto, AI, capital markets, derivatives, payments, T+1 and enforcement (week ending 29 January 2026)

In this issue: UK, EU and international regulators and bodies Authorisation, approval and supervision Prudential requirements Financial crime and sanctions Regulation of capital markets Regulation of derivatives Banks and mutuals UK MiFID II Payment services and systems Fintech and cryptoassets Regulation of AI in FS Daily and weekly news alerts Dates for your diary New and updated content Financial Services Enforcement Database LexTalk®Financial Services: a Lexis®Nexis community UK, EU and international regulators and bodies Report urges financial services reform to advance UK growth TheCityUK and PwC UK have released a report urging ‘greater ambition and swifter, more decisive action’ to safeguard the competitiveness of the UK’s financial and allied professional services over the coming decade and to catalyse investment and growth. The study, No time to lose: Reasserting UK leadership in financial and related professional services, captures perspectives from more than 300 senior leaders across industry, government,...

Read More Right Arrow

View the related Practice Notes about Advance payment bond

PRACTICE NOTES
Private Client Glossary (England and Wales): Wills, Probate, Trusts, Capacity and UK Taxation

Private Client England & Wales glossary A Abatement When, after settling the deceased’s funeral costs, debts and liabilities, the remaining estate cannot satisfy all legacies in full, the gifts are reduced accordingly, unless the Will shows a different intention. In a solvent estate, the order for reduction appears in Part II of Schedule 1 to the Administration of Estates Act 1925. Refer to Practice Note: Payment of legacies. Accruals basis Where income is taxed on an accruals basis, it is attributed to a given tax year by reference to the number of days within that year during which the activity giving rise to the liability accrued. See Practice Note: What is the basis of income tax?. Accumulation and maintenance (A&M) trust A form of non‑interest in possession trust designed to benefit children and young people up to 25, which received favourable inheritance tax treatment between 1975 and 2006. See Practice Note: Accumulation and maintenance trusts—IHT [Archived]. Accredited Legal Representative (ALR) ...

Read More Right Arrow
PRACTICE NOTES
International supply contracts: performance bond types, on-demand guarantees under English law, injunctions against abusive calls, and sanctions and embargo effects

This Practice Note This Practice Note introduces typical forms of performance bond used in international supply contracts, including, among others, the following: pre-qualification bonds tender (or bid) bonds advance payment bonds (APB) maintenance bonds completion bonds retention bonds customs bonds facility bonds Performance bonds are widely deployed on numerous projects to give the customer security against a supplier’s failure to perform. The Practice Note also examines, in practice, how trade sanctions and embargoes may influence the discharge of contractual duties in international contracts for which a bond might be required. In particular, it does not cover letters of credit, which are most frequently used in international supply contracts to provide a safe method of payment under the sales contract between buyer and seller, offering protection to the supplier against the buyer’s creditworthiness. For guidance on letters of credit, see: Letters of credit—overview and Practice Note: Characteristics of commercial letters of credit. Nor does this Practice Note...

Read More Right Arrow
PRACTICE NOTES
Advance Payment Bonds in Construction: On-demand Protection—Purpose, Insolvency Risk, JCT Approach, and Key Drafting and Enforcement Points

An advance payment bond is a specific type of performance bond, almost always issued as an ‘on demand’ instrument. See Practice Notes: Performance bonds—construction projects and On demand performance bonds—construction projects. This Practice Note considers: the nature of advance payment bonds why they are used in the construction sector the key features of the wording used in an advance payment bond Why are advance payment bonds used? Under a standard building contract, the usual payment regime is that the contractor receives instalments as each stage of the works is completed, following inspection, measurement and certification by the contract administrator. In essence, sums are paid in arrears for work already performed. There are occasions when an advance is made to the contractor, for instance to fund mobilisation activities, or to enable orders to be placed for the long-term manufacture and delivery of steel or other materials. Whenever an advance is paid, the employer faces the risk of loss if, thereafter,...

Read More Right Arrow

View the related Precedents about Advance payment bond

PRECEDENTS
Precedent on-demand advance payment bond deed (construction)—England and Wales

SCHEDULE Bond Number [ insert ] Dated: Parties The Employer: [ insert ] incorporated in [ England and Wales ] (Company Number [ insert ]) whose registered office is situated at [ insert ]. The Contractor: [ insert ] incorporated in [ England and Wales ] (Company Number: [ insert ]) whose registered office is located at [ insert ]. The Surety: [ insert ] incorporated in [ England and Wales ] (Company Number [ insert ]) whose registered office is at [ insert ]. The Building Contract: The agreement dated [ insert ] between the Employer and the Contractor for the construction of [ insert ] (the “Works”). The Advance Payment: £[ insert ] to be paid by the Employer to the Contractor pursuant to clause [ insert ] of the Building Contract. Maximum Bond Amount: The aggregate sum of £[ insert ] less an amount equal to any amount(s) of the Advance Payment...

Read More Right Arrow