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Contract Performance Bank Guarantee for United Arab Emirates

Contract Performance Bank Guarantee Template for United Arab Emirates

A Contract Performance Bank Guarantee under UAE law is a financial instrument issued by a bank that provides assurance to a project owner (beneficiary) regarding the performance obligations of a contractor or supplier (principal). This document, governed by UAE Federal Laws and Central Bank regulations, represents an unconditional undertaking by the bank to pay a specified sum upon the beneficiary's first demand if the principal fails to fulfill their contractual obligations. The guarantee typically includes specific terms regarding validity period, claim procedures, and conditions for release, all structured in compliance with UAE banking practices and commercial law requirements.

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What is a Contract Performance Bank Guarantee?

The Contract Performance Bank Guarantee is a crucial document in UAE commercial transactions, particularly in construction, infrastructure, and major supply contracts. It serves as a risk mitigation tool where a bank provides financial security to a project owner against potential default or non-performance by a contractor or supplier. Under UAE law, specifically Federal Law No. 18 of 1993 (Commercial Transactions Law) and UAE Central Bank regulations, these guarantees must be unconditional and payable upon first demand. The document typically amounts to 10-15% of the contract value and remains valid throughout the contract period plus any warranty period. Contract Performance Bank Guarantees are commonly required in government contracts, major private sector projects, and international business transactions involving UAE entities, providing beneficiaries with immediate access to funds without the need for court proceedings in case of contractor default.

What sections should be included in a Contract Performance Bank Guarantee?

1. Bank Details and Reference Number: Full details of the issuing bank, branch, and unique guarantee reference number

2. Beneficiary Details: Complete name and address of the party in whose favor the guarantee is issued

3. Principal Details: Complete name and address of the party on whose behalf the guarantee is issued

4. Underlying Contract Reference: Details of the main contract being guaranteed, including contract number, date, and parties

5. Guarantee Amount: The maximum amount of the guarantee, both in figures and words

6. Purpose of Guarantee: Clear statement that this is a performance guarantee and its specific purpose

7. Validity Period: Explicit start and end dates of the guarantee

8. Claim Conditions: Terms under which the guarantee can be called upon and claim procedure

9. Governing Law and Jurisdiction: Statement that the guarantee is governed by UAE law and subject to UAE courts

10. Expiry Conditions: Conditions for expiry or release of the guarantee

11. Bank's Undertaking: The bank's unconditional undertaking to pay upon first demand

What sections are optional to include in a Contract Performance Bank Guarantee?

1. Language Clause: Required when the guarantee is issued in multiple languages, specifying which version prevails

2. Assignment Clause: Needed if the guarantee needs to be transferable

3. Reduction Clause: Used when the guarantee amount can be reduced progressively during the contract period

4. Force Majeure Provisions: May be included for international guarantees or complex projects

5. SWIFT/Electronic Format Provisions: Required when the guarantee can be transmitted electronically or via SWIFT

6. Counter-Guarantee References: Needed when issued under a counter-guarantee from another bank

7. Dispute Resolution Mechanism: Alternative dispute resolution procedures if preferred over standard court jurisdiction

What schedules should be included in a Contract Performance Bank Guarantee?

1. Form of Demand: Template for making a claim under the guarantee

2. Contract Milestone Schedule: If the guarantee amount reduces based on contract milestones

3. Authentication Specimens: Specimen signatures or authentication methods for claim verification

4. Counter-Guarantee Details: If issued under a counter-guarantee, details of the arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions

























Clauses




















Relevant Industries

Banking and Financial Services

Construction and Infrastructure

Real Estate Development

Oil and Gas

Manufacturing

Trading and Commerce

Government and Public Sector

Energy and Utilities

Telecommunications

Healthcare

Education

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Procurement

Commercial

Risk Management

Operations

Compliance

Project Management

Contract Administration

Business Development

Relevant Roles

Project Manager

Contract Manager

Finance Director

Chief Financial Officer

Treasury Manager

Legal Counsel

Procurement Manager

Commercial Director

Risk Manager

Bank Relationship Manager

Construction Manager

Operations Director

Company Secretary

Compliance Officer

Project Director

Business Development Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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