Role and effectiveness of advance payment guarantees in construction contracts
1 LLM, Corporate and Commercial Law, Indiana University, McKinney School of Law, USA.
2 Independent Researcher; Columbus Ohio, USA.
3 Energy and Environmental law and policy, Georgetown University law center Washington DC, USA.
4 Energy Law Center, Paul M. Hebert Law Center, Louisiana State University, USA.
Review
World Journal of Advanced Science and Technology, 2024, 06(01), 088–102.
Article DOI: 10.53346/wjast.2024.6.1.0049
Publication history:
Received on 03 July 2024; revised on 10 August 2024; accepted on 13 August 2024
Abstract:
Advance payment guarantees are a critical financial instrument in construction contracts, designed to mitigate risks associated with pre-financing and ensure project stability. This review outlines the role and effectiveness of advance payment guarantees in construction contracts, emphasizing their significance in securing financial commitments and enhancing contract performance. Advance payment guarantees provide a safeguard for contractors by offering a financial security against advance payments made by clients. These guarantees are issued by banks or financial institutions and assure clients that the contractor will fulfill their contractual obligations, even if the contractor defaults or fails to perform. The guarantee acts as a security measure, reducing the financial risk for clients who make upfront payments to facilitate project initiation. The effectiveness of advance payment guarantees is closely tied to their ability to address common issues in construction projects, such as cash flow problems and performance uncertainties. By securing advance payments, these guarantees enable contractors to mobilize resources, purchase materials, and commence work without facing immediate financial strain. This support is particularly valuable in large-scale projects where initial investments are substantial. The paper also highlights key considerations regarding the implementation of advance payment guarantees. It discusses the conditions under which these guarantees are activated, including the procedures for claiming the guarantee in the event of non-performance. Additionally, it examines the impact of advance payment guarantees on contractor-client relationships, noting that while they enhance financial security, they also require careful management to avoid disputes and ensure mutual trust. The review includes case studies demonstrating the practical application of advance payment guarantees in various construction projects. These examples illustrate how guarantees have been effectively used to manage risks and improve project outcomes. Furthermore, the paper addresses potential limitations and challenges associated with advance payment guarantees, such as their cost and the need for thorough due diligence. In conclusion, advance payment guarantees play a vital role in construction contracts by providing financial security and supporting project initiation. Their effectiveness in managing risk and facilitating project execution underscores their importance in the construction industry.
Keywords:
Role; Effectiveness; Advance Payment Guarantees; Construction; Contracts
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