23.1 This chapter is primarily concerned with bonds and guarantees. An important theme is to distinguish between documents under which a third party undertakes a “primary” liability and those under which a third party undertakes a “secondary” liability. Such contracts are sometimes classified as contracts of indemnity, which is a different usage from what most construction law practitioners think of as an “indemnity,” hence the inclusion in this chapter of some discussion as to indemnity clauses.