This document is a demand guarantee provided by a bank to the employer. It guarantees payment up to a specified amount if the contractor breaches its obligations under the construction contract. The bank will pay the employer upon receiving the employer's written statement that the contractor has breached the contract, without needing further proof. The guarantee expires on a specified date, and the bank must receive any demand for payment by that date. The guarantee is subject to uniform rules for demand guarantees.
This document is a demand guarantee provided by a bank to the employer. It guarantees payment up to a specified amount if the contractor breaches its obligations under the construction contract. The bank will pay the employer upon receiving the employer's written statement that the contractor has breached the contract, without needing further proof. The guarantee expires on a specified date, and the bank must receive any demand for payment by that date. The guarantee is subject to uniform rules for demand guarantees.
This document is a demand guarantee provided by a bank to the employer. It guarantees payment up to a specified amount if the contractor breaches its obligations under the construction contract. The bank will pay the employer upon receiving the employer's written statement that the contractor has breached the contract, without needing further proof. The guarantee expires on a specified date, and the bank must receive any demand for payment by that date. The guarantee is subject to uniform rules for demand guarantees.
This document is a demand guarantee provided by a bank to the employer. It guarantees payment up to a specified amount if the contractor breaches its obligations under the construction contract. The bank will pay the employer upon receiving the employer's written statement that the contractor has breached the contract, without needing further proof. The guarantee expires on a specified date, and the bank must receive any demand for payment by that date. The guarantee is subject to uniform rules for demand guarantees.
[ All italicized text and any enclosing square brackets is for use in preparing the form and should be deleted from the final product. ]
[ Bank’s name, and address of issuing branch or office ]
Beneficiary: [ Name and Address of Employer ] Date:
Performance Guarantee No.:
We have been informed that [ Name of Contractor ] (hereinafter
called “the Contractor”) has entered into Contract No. [ Reference number of the contract ] dated with you, for the execution of [ Name of contract and brief description of Works ] (hereinafter called “the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, a performance
guarantee is required.
At the request of the Contractor, we [ Name of Bank ] hereby
irrevocably undertake to pay you any sum or sums not exceeding in total an amount of [ Amount in figures ] ( ) [ Amount in words, see 1 ], such sum being payable in the types and proportions of currencies in which the Contract Price is payable, upon receipt by us of your first demand in writing accompanied by a written statement stating that the Contractor is in breach of its obligation(s) under the Contract, without your needing to prove or to show grounds for your demand or the sum specified therein.
This guarantee shall expire, no later than the day of ,
[ see 2 ], and any demand for payment under it must be received by us at this office on or before that date.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No. 458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
Signature(s):
1 The Guarantor shall insert an amount representing the percentage of the Contract Price specified in the Contract and denominated either in the currency(cies) of the Contract or a freely convertible currency acceptable to the Employer. 2 Insert the date twenty-eight days after the expected completion date. The Employer should note that in the event of an extension of the time for completion of the Contract, the Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in writing and must be made prior to the expiration date established in the guarantee. In preparing this guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six months] [one year], in response to the Employer's written request for such extension, such request to be presented to the Guarantor before the expiry of the guarantee.”
FIDIC MDB Conditions of Contract for Construction, MDB Harmonised Edition 2005 - Sample Forms
