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Performance Bond Demand Letter for Saudi Arabia

Performance Bond Demand Letter Template for Saudi Arabia

A Performance Bond Demand Letter under Saudi Arabian law is a formal document issued by a project owner (beneficiary) to a bank (guarantor) demanding payment under a performance bond due to a contractor's default or breach of obligations. The document must comply with Saudi Arabian banking regulations, Shariah law principles, and the Saudi Government Tenders and Procurement Law when applicable to government contracts. It serves as a crucial instrument in triggering the security mechanism provided by performance bonds in commercial and construction projects, requiring specific formatting, content, and authentication to be legally enforceable in Saudi courts.

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What is a Performance Bond Demand Letter?

A Performance Bond Demand Letter is a critical document used in Saudi Arabian commercial and construction projects when a contractor or service provider fails to meet their contractual obligations. This document is particularly important in the Saudi Arabian market, where performance bonds are mandatory for government contracts and commonly required in private sector projects. The demand letter must be carefully drafted to comply with both Saudi banking regulations and Shariah law principles, including specific requirements for format, content, and authentication. It typically contains detailed information about the underlying contract, the nature of the default, and the amount being claimed. The document is used to trigger the bank's obligation to pay under the performance bond, providing financial security to project owners in cases of contractor default.

What sections should be included in a Performance Bond Demand Letter?

1. Letter Header: Full letterhead details including sender's company name, address, and date

2. Addressee Details: Complete details of the bank/guarantor including branch details and address

3. Reference Information: Performance Bond number, underlying contract reference, and any relevant project details

4. Formal Demand Statement: Clear and unequivocal statement making demand under the performance bond

5. Default Description: Brief description of the contractor's default or breach triggering the demand

6. Amount Demanded: Specific amount being claimed, not exceeding the bond value

7. Payment Instructions: Clear banking details and instructions for payment

8. Authentication: Authorized signature block with company stamp as required under Saudi law

What sections are optional to include in a Performance Bond Demand Letter?

1. Previous Correspondence Reference: Include when there has been relevant prior communication about the default

2. Contract Termination Details: Include if the underlying contract has been terminated

3. Shariah Compliance Declaration: Include when specifically required by the bank or when dealing with Islamic banks

4. Supporting Evidence Summary: Include when complex defaults need brief explanation

5. Time Extension Request: Include if requesting extension of bond validity period

What schedules should be included in a Performance Bond Demand Letter?

1. Copy of Performance Bond: Authenticated copy of the original performance bond

2. Evidence of Authority: Documentation proving signatory's authority to make the demand

3. Default Evidence: Key documents evidencing the contractor's default

4. Payment Calculation: If the demand is for less than the full bond amount, detailed calculation of the amount claimed

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

Saudi Arabia

Publisher

Ƶ

Document Type

Demand Letter

Cost

Free to use
Relevant legal definitions

























Clauses















Relevant Industries

Construction and Infrastructure

Oil and Gas

Manufacturing

Government and Public Sector

Real Estate Development

Energy and Utilities

Transportation

Healthcare Infrastructure

Education Infrastructure

Telecommunications

Defense Contracting

Relevant Teams

Legal

Finance

Project Management

Contract Administration

Risk Management

Procurement

Commercial

Compliance

Construction Management

Document Control

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Chief Financial Officer

Construction Manager

Procurement Director

Risk Manager

Commercial Director

Project Director

Claims Manager

Company Secretary

General Counsel

Finance Director

Compliance Officer

Project Control 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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