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Retention Bank Guarantee Template for Indonesia

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Key Requirements PROMPT example:

Retention Bank Guarantee

"I need a Retention Bank Guarantee for a hotel construction project in Jakarta, where my company (PT Konstruksi Utama) is the contractor, with Bank Mandiri as the issuing bank, for IDR 5 billion, valid until March 15, 2025."

Document background
The Retention Bank Guarantee is a crucial financial instrument in Indonesian construction and development projects, where it serves as a substitute for cash retention typically withheld from contractor payments. This document becomes relevant when a contractor wishes to recover retention money before the end of the defects liability period by providing a bank guarantee instead. The guarantee must comply with Indonesian banking regulations, particularly OJK requirements, and typically amounts to 5-10% of the contract value. It provides assurance to project owners that funds will be available to remedy any defects discovered during the liability period, while allowing contractors to improve their cash flow position. The document includes specific provisions for claims, validity period, governing law, and jurisdictional requirements under Indonesian law.
Suggested Sections

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

2. Title: Clear identification as 'Bank Guarantee - Retention Money'

3. Date: Date of issuance of the guarantee

4. Beneficiary Details: Complete name and address of the party receiving the guarantee (typically the project owner)

5. Principal Details: Complete name and address of the party requesting the guarantee (typically the contractor)

6. Project Reference: Details of the underlying construction contract or project

7. Guarantee Amount: The specific amount being guaranteed, both in numbers and words

8. Guarantee Terms: Core terms including validity period, conditions for calling the guarantee, and bank's undertaking to pay

9. Expiry Details: Clear statement of when and how the guarantee expires

10. Claim Procedure: Specific process and requirements for making a claim under the guarantee

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and relevant jurisdiction

12. Bank Signatories: Authorized signatures from bank officials with their names and positions

Optional Sections

1. Language Provision: Required if the guarantee is bilingual or if English version is provided alongside Indonesian version

2. Transfer Restrictions: Include when the guarantee needs to explicitly prohibit or restrict transfer/assignment

3. Force Majeure Clause: Include for longer-term guarantees to address unforeseen circumstances

4. Multiple Beneficiaries: Include when there is more than one beneficiary to specify their rights

5. Stamp Duty Statement: Include when specific reference to Indonesian stamp duty compliance is required

Suggested Schedules

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

2. Copy of Underlying Contract Extract: Relevant extract from the main contract referring to retention money requirements

3. Specimen Signatures: Authorized signatures of the beneficiary's representatives who can make a claim

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

Real Estate Development

Mining

Oil and Gas

Manufacturing

Industrial Development

Commercial Property

Government and Public Works

Energy

Transportation

Telecommunications

Relevant Teams

Legal

Finance

Treasury

Project Management

Construction

Commercial

Procurement

Risk Management

Contract Administration

Business Development

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Finance Director

Chief Financial Officer

Project Director

Legal Counsel

Bank Relationship Manager

Treasury Manager

Risk Manager

Commercial Director

Procurement Manager

Site Manager

Development Director

Financial Controller

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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