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Retention Bank Guarantee Template for Belgium

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Key Requirements PROMPT example:

Retention Bank Guarantee

"I need a Retention Bank Guarantee for a 鈧2.5M construction project in Brussels, where I'm the contractor and need to replace a 5% retention with a bank guarantee that will remain valid until March 2025, with provisions for partial releases as different project phases complete."

Document background
The Retention Bank Guarantee is commonly used in Belgian construction, infrastructure, and major service contracts where the employer typically withholds a percentage of payment as security for performance and defect remediation. This document enables contractors to receive their full payment while providing the employer with equivalent security through a bank's guarantee. The Retention Bank Guarantee must comply with Belgian banking regulations and civil code requirements, featuring specific terms for the guarantee amount (usually 5-10% of contract value), validity period, claim conditions, and release mechanisms. It's particularly valuable in large projects where cash flow management is crucial for contractors, and the involvement of a regulated Belgian bank provides additional security and credibility to the arrangement.
Suggested Sections

1. Bank Details and Reference: Identifying information of the issuing bank, guarantee reference number, and date

2. Beneficiary Details: Full name and address of the party benefiting from the guarantee

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

4. Underlying Contract Reference: Details of the main contract for which the retention guarantee is being provided

5. Guarantee Amount: The maximum amount covered by the guarantee, expressed in numbers and words

6. Guarantee Purpose: Specific statement that this is a retention money guarantee and its purpose

7. Terms of Payment: Conditions under which the guarantee can be called and payment process

8. Validity Period: Effective date and expiry date or conditions of the guarantee

9. Governing Law and Jurisdiction: Explicit statement that Belgian law governs and specification of jurisdiction

Optional Sections

1. Reduction Clause: Optional clause specifying if and how the guarantee amount can be reduced over time

2. Transfer Provisions: Terms regarding whether the guarantee can be transferred or assigned

3. Claim Documentation Requirements: Specific documents required when making a claim, if any beyond standard requirements

4. Multiple Drawings Clause: Whether multiple partial claims are permitted and related conditions

5. Force Majeure Provisions: Specific provisions for force majeure events affecting the guarantee

6. Language Preference: When guarantee needs to be bilingual or in multiple languages (common in Belgium due to multiple official languages)

Suggested Schedules

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

2. Underlying Contract Extract: Relevant excerpts from the main contract referring to retention requirements

3. Authentication Requirements: Specific requirements for authenticating claims and communications

4. Contact Details Schedule: Detailed contact information for all relevant parties and departments

Authors

Alex Denne

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

Relevant legal definitions






























Clauses

























Relevant Industries

Construction

Infrastructure Development

Real Estate

Engineering

Public Works

Manufacturing

Industrial Projects

Energy

Telecommunications

Transportation

Relevant Teams

Legal

Finance

Treasury

Project Management

Commercial

Risk Management

Procurement

Contract Administration

Banking Relations

Relevant Roles

Project Manager

Contract Manager

Financial Director

Treasury Manager

Legal Counsel

Construction Manager

Commercial Director

Risk Manager

Banking Relationship Manager

Procurement Manager

Chief Financial Officer

Project Director

Claims 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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