Retention Bank Guarantee Template for South Africa

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Key Requirements PROMPT example:

Retention Bank Guarantee

"I need a Retention Bank Guarantee for a large-scale commercial construction project in Cape Town, with ABC Bank as guarantor for a sum of R15 million, expiring on March 15, 2025, with a provision for partial releases at key project milestones."

Document background
The Retention Bank Guarantee is a crucial document in South African construction and development projects, designed to replace traditional cash retention mechanisms. It is typically used when a contractor seeks to improve their cash flow position while still providing the employer with necessary security. The guarantee amount usually represents 5-10% of the contract value, corresponding to the retention amount that would otherwise be held in cash. The document must comply with South African banking regulations, construction industry standards, and the Construction Industry Development Board (CIDB) guidelines. A Retention Bank Guarantee becomes particularly relevant during the defects liability period of construction projects and includes specific provisions for claim procedures, validity periods, and release conditions. This type of guarantee is widely recognized in the South African construction industry and is often preferred over cash retention by both contractors and employers.
Suggested Sections

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

2. Background: References the underlying construction contract and explains the purpose of the retention guarantee

3. Definitions: Defines key terms used in the guarantee including 'Guaranteed Sum', 'Expiry Date', and 'Underlying Contract'

4. Guarantee: The bank's primary undertaking to pay the guaranteed sum under specified conditions

5. Amount of Guarantee: Specifies the maximum amount of the guarantee, typically expressed both in numbers and words

6. Conditions of Payment: Details the conditions under which the guarantee can be called upon and the process for making a claim

7. Duration and Expiry: Specifies when the guarantee becomes effective and when it expires

8. Bank's Rights and Obligations: Outlines the extent and limitations of the bank's obligations under the guarantee

9. Governing Law and Jurisdiction: Confirms South African law as governing law and specifies jurisdiction for disputes

10. Notices: Specifies how and where notices must be delivered to all parties

Optional Sections

1. Assignment: Include when the guarantee needs to be transferable or when assignment needs to be specifically prohibited

2. Reduction Clause: Include when the guarantee amount can be reduced over time or upon certain milestones

3. Language Declaration: Include when the guarantee might be used internationally or when translations might be required

4. Force Majeure: Include when specific force majeure provisions are required beyond standard law

5. Multiple Beneficiaries: Include when there is more than one beneficiary of the guarantee

6. Counter-Indemnity Reference: Include when there is a separate counter-indemnity agreement with the contractor

Suggested Schedules

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

2. Schedule B - Project Details: Details of the underlying construction project and contract

3. Schedule C - Payment Instructions: Banking details and payment procedures for claim settlements

4. Appendix 1 - Copy of Underlying Contract Extract: Relevant extract from the construction contract referring to retention requirements

5. Appendix 2 - Authority Documentation: Proof of authority of signatories

Authors

Alex Denne

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

Relevant Industries

Construction

Infrastructure Development

Real Estate

Banking and Financial Services

Engineering

Mining

Commercial Property Development

Industrial Development

Public Sector Construction

Energy and Utilities

Relevant Teams

Legal

Finance

Construction

Project Management

Commercial

Risk Management

Treasury

Procurement

Contract Administration

Corporate Banking

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Financial Manager

Bank Relationship Manager

Quantity Surveyor

Construction Director

Legal Counsel

Risk Manager

Treasury Manager

Chief Financial Officer

Commercial Director

Project Director

Development Manager

Finance 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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