6. Frequently asked questions

What is a personal surety bond?

A surety is the act by which the "guarantor" (e.g. a bank) undertakes to pay the debt of the "surety" (e.g. the principal) in the event that the latter should default on his or her commitments.

The personal and joint guarantor undertakes to repay the debt in full, subject to exercising appropriate recourse against the defaulting guarantor.

Can the client's acceptance of a subcontractor be tacit?

• No, in private contracts: tacit acceptance is rarely recognized by the courts. It must result from an act by the contracting authority unequivocally expressing its willingness to accept the subcontractor and agree to the latter's terms of payment.

• Yes, in public procurement contracts: silence on the part of the...