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Deeds of guarantee and indemnity

When signing contracts with companies, partners and trusts, members are often concerned entities may not pay the contract price. Use a deed of guarantee and indemnity.
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It is important to put legal infrastructure in place to protect yourself from client non-payment. Engaging with a signatory that isn’t a natural person – e.g. a company, partner or trust – can raise questions about the contract. In these instances, we recommend engaging with a guarantor who is a natural person.

In this expert-led article we answer our members’ frequently asked questions about using a guarantee and all the critical things you need to be aware of. Please note: many HIA contracts include a form of deed of guarantee and indemnity.

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Non-Member price

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Member price

FREE

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Who is it for?

Building Professionals

Builders in the residential building industry contracting with companies, partners and trusts.

What does it include?

  • What rights does a guarantee give you? 
  • When should you use a guarantee? 
  • When is a guarantee not normally required? 
  • How are guarantees enforced?  
  • How do I go about obtaining a guarantee? 
  • Why is there no guarantee of the builder’s obligations? 
Didn’t find what you were looking for?

Become a HIA member today

Join Australia’s largest residential building association to gain access to a huge range of industry products and business services. We can help you manage, operate and grow your business.