When PCG is needed
Larger residential contracts (>£500k): contractor often operates through limited-liability subsidiary specifically for project; if subsidiary insolvent, client has no recourse to parent (without PCG). Common London scenarios: high-end mansion renovation £1M+, listed building works £750k+, multi-unit refurbishment £2M+. Smaller contracts (<£200k): PCG rarely available — contractor usually small business without separate parent; rely on PII, structural warranty, personal guarantees from director. Mid-range £200–500k: PCG sometimes available from contractors with corporate structure; check at tender stage.
What PCG covers
Typically: completion of works (parent steps in if subsidiary fails); remediation of defects (parent liable post-completion); financial losses (additional costs to complete with alternative contractor); delay damages. Limits: usually capped at original contract sum + 10–15%; some PCGs limited to specific risks (completion only, not defects). Solicitor review pre-execution; check what triggers parent liability (subsidiary insolvency? default? failure to remedy?).
Alternatives — personal guarantee, bond, escrow
Personal guarantee from contractor director: small contractors typically give personal guarantee — director personally liable. Risk: director's personal wealth often insufficient for material defects. Performance bond from insurer: client requires bond from bonding insurer; pays 10–15% of contract value if contractor defaults. Cost: contractor pays 0.5–2% annually — passed to client. Escrow: 5–10% of progress payments held in escrow until completion; client retains if contractor defaults. Less common residential due to administration.
Practical use in residential
Most London residential contracts (<£300k) don't have PCG — risk managed via: (1) clear contract with JCT or FMB terms, (2) regular progress payments (no over-advancement), (3) retention (5%), (4) PII and structural warranty, (5) personal guarantee from director on smaller jobs, (6) reputable builder with longevity. PCG considered for: high-net-worth projects £500k+, complex structural/heritage risk, clients with limited tolerance for contractor failure.
