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Performance Letter Of Guarantee
"I need a Performance Letter of Guarantee for a €5 million office construction project in Amsterdam, with the guarantee period running from March 1, 2025 to December 31, 2025, including step-in rights for the project owner if the contractor defaults."
1. Issuing Bank Details: Full name and address of the bank/financial institution issuing the guarantee
2. Beneficiary Details: Full name and address of the party receiving the guarantee (typically the employer/project owner)
3. Principal Details: Full name and address of the party for whom the guarantee is being issued (typically the contractor)
4. Reference Information: Guarantee number, date, and reference to the underlying contract
5. Underlying Contract Details: Description of the main contract being guaranteed, including contract reference number and date
6. Guarantee Amount: The maximum amount of the guarantee, both in figures and words
7. Guarantee Scope: Clear description of what performance aspects are being guaranteed
8. Validity Period: Start and end dates of the guarantee, including any automatic extension conditions
9. Claim Conditions: Specific conditions under which a claim can be made and the claim process
10. Payment Clause: Terms of payment upon receipt of a valid claim
11. Governing Law: Statement that the guarantee is governed by Dutch law
1. Step-in Rights: Include when the beneficiary requires the right to have another contractor complete the work
2. Partial Claims: Include when multiple partial claims are permitted under the guarantee
3. Assignment Clause: Include when the guarantee needs to be assignable to other parties
4. Language Clause: Include when the guarantee needs to be in multiple languages
5. Force Majeure: Include when specific force majeure conditions need to be addressed
6. Counter-Guarantee Reference: Include when there is a counter-guarantee from another bank
7. Dispute Resolution: Include when specific dispute resolution procedures are required beyond standard court jurisdiction
1. Claim Form Template: Standard form to be used when making a claim under the guarantee
2. Underlying Contract Extract: Relevant excerpts from the main contract that relate to the performance guarantee
3. Authentication Format: Format for authenticating claim documents and signatures
4. Extension Request Format: Template for requesting guarantee extension if applicable
5. Performance Standards: Details of the performance standards being guaranteed, if specific standards are referenced
Authors
Construction
Infrastructure
Energy
Real Estate Development
Manufacturing
Engineering
Mining
Oil and Gas
Renewable Energy
Telecommunications
Public Works
Maritime and Shipping
Aviation
Defense Contracting
Legal
Finance
Treasury
Risk Management
Procurement
Commercial
Operations
Compliance
Project Management
Business Development
Contracts Administration
Project Manager
Contract Manager
Legal Counsel
Financial Director
Treasury Manager
Risk Manager
Procurement Manager
Commercial Director
Construction Manager
Operations Director
Compliance Officer
Bank Relationship Manager
Chief Financial Officer
Business Development Manager
Bid Manager
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