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Retention Bank Guarantee for Philippines

Retention Bank Guarantee Template for Philippines

A Retention Bank Guarantee is a financial instrument issued under Philippine law where a bank guarantees payment of retention money typically withheld from a contractor's progress payments in construction or infrastructure projects. This document, governed by Philippine banking regulations and the Civil Code, provides security to the project owner while allowing the contractor to receive full payment. It includes specific terms for claim procedures, validity period, and payment conditions, all structured to comply with Bangko Sentral ng Pilipinas (BSP) regulations and local commercial practices.

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What is a Retention Bank Guarantee?

The Retention Bank Guarantee is a crucial financial instrument in Philippine construction and infrastructure projects, commonly used when a contractor wishes to receive their full payment without waiting for the typical retention period. This document type is specifically designed to comply with Philippine banking laws and BSP regulations, providing security to project owners while improving contractors' cash flow. The guarantee typically covers 5-10% of the contract value, which would otherwise be retained until the defects liability period expires. It includes detailed provisions for claims, validity periods, and release conditions, structured to protect all parties' interests while ensuring compliance with local banking and contract law requirements.

What sections should be included in a Retention Bank Guarantee?

1. Parties: Identification of the Bank (Guarantor), the Principal (Contractor), and the Beneficiary (Employer)

2. Background: Context of the underlying contract and purpose of the retention guarantee

3. Definitions: Key terms used throughout the guarantee document

4. Guarantee Amount: Specification of the maximum guaranteed sum and currency

5. Validity Period: Duration of the guarantee, including start date and expiry date

6. Bank's Undertaking: Core guarantee commitment and terms of payment upon valid demand

7. Conditions for Claims: Requirements and process for making a valid claim under the guarantee

8. Form of Demand: Specified format and content requirements for making a demand

9. Payment Terms: Timeframe and method for payment upon receipt of valid demand

10. Reduction and Release: Conditions and process for reducing or releasing the guarantee amount

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

12. Notices: Communication requirements and contact details for all parties

What sections are optional to include in a Retention Bank Guarantee?

1. Transfer and Assignment: Include when the guarantee needs to be transferable or assignable

2. Multiple Claims Provision: Include when multiple partial claims are to be permitted

3. Counter-Guarantee Terms: Include when there is a counter-guarantee from another bank

4. Language Provision: Include when the guarantee may be issued in multiple languages

5. Force Majeure: Include when specific force majeure provisions are required

6. Electronic Presentations: Include when electronic submission of demands is permitted

What schedules should be included in a Retention Bank Guarantee?

1. Schedule 1 - Form of Demand: Template for submitting a claim under the guarantee

2. Schedule 2 - Original Contract Details: Summary of the underlying contract details

3. Schedule 3 - Bank's Contact Details: Detailed contact information for the issuing bank's relevant departments

4. Appendix A - Required Documents: List of documents required to be submitted with any demand

5. Appendix B - Authentication Procedures: Procedures for verifying the authenticity of demands

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Construction

Infrastructure Development

Real Estate

Energy

Mining

Manufacturing

Public Works

Transportation

Telecommunications

Industrial Development

Relevant Teams

Legal

Finance

Treasury

Commercial

Procurement

Project Management

Risk Management

Operations

Construction Management

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Construction Manager

Finance Director

Treasury Manager

Bank Relationship Manager

Legal Counsel

Chief Financial Officer

Commercial Director

Risk Manager

Procurement Manager

Project Engineer

Corporate Finance Manager

Operations Director

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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