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Advance Performance Guarantee Template for Singapore

An Advance Performance Guarantee under Singapore law is a financial instrument where a guarantor (typically a bank) provides an undertaking to pay a specified sum to the beneficiary if the principal fails to perform their contractual obligations. This document is governed by Singapore's common law principles and relevant banking regulations, offering protection to project owners against contractor default or non-performance. It typically includes specific provisions for demand mechanisms, validity periods, and claim procedures.

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What is a Advance Performance Guarantee?

An Advance Performance Guarantee is commonly used in Singapore's construction, infrastructure, and large-scale project sectors to provide security for advance payments and performance obligations. It serves as a risk mitigation tool where substantial upfront payments or critical performance requirements are involved. The guarantee, governed by Singapore law, typically amounts to 5-20% of the contract value and remains valid throughout the project duration plus a defects liability period. This instrument is particularly important in Singapore's sophisticated financial and construction markets, where it provides beneficiaries with readily accessible security without the need for litigation.

What sections should be included in a Advance Performance Guarantee?

1. Parties: Identifies the guarantor, principal obligor, and beneficiary

2. Background: Explains the underlying transaction and purpose of the guarantee

3. Definitions: Defines key terms used throughout the guarantee

4. Guarantee and Indemnity: Core obligations of the guarantor

5. Amount and Scope: Specifies the guaranteed sum and extent of coverage

6. Duration: Validity period of the guarantee

7. Demand Requirements: Process and conditions for making claims

What sections are optional to include in a Advance Performance Guarantee?

1. Counter-Indemnity: Additional security provisions required from the principal obligor, typically used for high-value guarantees or high-risk transactions

2. Step-In Rights: Rights of guarantor to take over principal's obligations, commonly included in construction or project finance guarantees

3. Assignment Provisions: Rules regarding transfer of guarantee rights, included when transferability might be required

What schedules should be included in a Advance Performance Guarantee?

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

2. Underlying Contract Details: Summary of the principal contract being guaranteed

3. Payment Schedule: Details of guarantee amounts if they vary over time or are linked to project milestones

4. Corporate Authorizations: Evidence of authority to issue guarantee (for corporate guarantors)

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

Jurisdiction

Singapore

Cost

Free to use

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