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Adding Another Target: Personal Guaranties

By Joe Virene on April 8, 2013
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In general, a personal guaranty makes an individual or individuals liable for an entity’s debts or obligations.  A personal guaranty which guarantees a general contractor’s obligations to pay a subcontractor is rarely given, but it is common for the principal(s) of a subcontractor with unestablished credit to personally guarantee the debts and obligations of the subcontractor to a supplier in exchange for purchasing or renting materials on credit.

Personal guaranties are understandably unpopular with customers.  The most opportune time to get a personal guaranty is when a customer first applies for credit.  It is common to include a personal guaranty in or attach it to the credit application.

A personal guaranty is nice to have, but it is not a substitute for a lien or bond claim (liens and bonds offer much more security).  A personal guaranty is merely an additional avenue to collect an obligation.  In other words, it provides an additional target for payment of a debt.  However, a personal guaranty is no better than the individual signing it.  If the guarantor does not have the financial assets to support the guaranteed obligation, the personal guaranty is virtually worthless.

You should make the personal guaranty continuing, absolute and unconditional.  You should contact your attorney to help draft a form of personal guaranty so that you have it at your disposal when the need arises.

Photo of Joe Virene Joe Virene

Joe Virene represents clients in both the construction and oil & gas industries. He has successfully handled various matters, including filing and prosecuting material men, mineral, and maritime liens, among others.

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  • Posted in:
    Business and Commercial
  • Blog:
    Texas Construction Law Blog
  • Organization:
    Gray Reed & McGraw LLP
  • Article: View Original Source

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