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Performance guarantee
I need a performance guarantee document for a construction project, ensuring the contractor will fulfill their obligations as per the contract terms. The guarantee should cover a period of 2 years post-completion, with a value of 10% of the contract sum, and include provisions for claims in case of non-performance.
What is a Performance guarantee?
A Performance guarantee is a financial promise from a bank or insurance company to protect against a contractor's failure to meet their obligations. In Qatar's construction and development projects, these guarantees serve as a vital safety net, typically covering 10% of the contract value under local banking regulations.
When a contractor doesn't deliver as promised, the guarantee lets project owners claim compensation directly from the guarantor without going through lengthy court processes. This security is especially important for Qatar's major infrastructure and development initiatives, where timely completion and quality standards are crucial. The guarantee remains valid from project start until the final handover and acceptance.
When should you use a Performance guarantee?
Performance guarantees become essential when undertaking major construction or development projects in Qatar, particularly those valued over QAR 1 million. They're especially crucial for government contracts, infrastructure developments, and large-scale commercial projects where significant financial commitments are involved.
Use these guarantees when bidding on public tenders, signing construction contracts, or entering long-term service agreements with Qatari entities. They're particularly important for projects with strict completion deadlines, complex technical requirements, or those involving multiple subcontractors. The guarantee protects project owners from contractor default while helping contractors demonstrate their financial stability and commitment.
What are the different types of Performance guarantee?
- Bank Guarantee Performance Bond: Standard form issued by Qatari banks, typically covering 10% of contract value with automatic renewal provisions
- Performance Bank Guarantee: Unconditional guarantee focusing on project completion, commonly used in construction contracts
- Advance Performance Guarantee: Secures advance payments made to contractors, usually matching the advance payment amount
- Bid Bond Bank Guarantee: Used during tender processes, typically 5% of bid value
- Performance Guarantee Bond: Comprehensive bond covering both performance and maintenance periods
Who should typically use a Performance guarantee?
- Project Owners: Government entities, developers, or companies who require Performance guarantees as security for their contracts and investments
- Contractors: Construction companies, service providers, and suppliers who must provide these guarantees to win and maintain contracts
- Banks: Qatari financial institutions that issue and manage the guarantees, following Qatar Central Bank regulations
- Legal Advisors: In-house counsel and law firms who draft and review guarantee terms to ensure compliance with local laws
- Project Managers: Professionals who monitor performance and trigger guarantee claims if contractors default on obligations
How do you write a Performance guarantee?
- Contract Details: Gather the main contract value, scope, and completion timeline to determine guarantee amount and duration
- Party Information: Collect full legal names, registration numbers, and authorized signatories of all involved parties
- Bank Requirements: Check specific formatting and documentation requirements from the issuing Qatari bank
- Project Milestones: List key performance benchmarks and completion criteria that trigger guarantee obligations
- Legal Review: Our platform generates compliant Performance guarantees aligned with Qatar's banking regulations and commercial laws
- Approval Process: Outline internal approval steps and signature requirements before bank submission
What should be included in a Performance guarantee?
- Identification Details: Full legal names and addresses of the guarantor bank, contractor, and beneficiary
- Guarantee Amount: Clear statement of the guaranteed sum in both numbers and words, typically 10% of contract value
- Validity Period: Specific start and end dates, including any automatic extension provisions
- Demand Conditions: Precise terms under which the guarantee can be called, following Qatar Central Bank guidelines
- Payment Terms: Unconditional obligation to pay upon first written demand without protest
- Governing Law: Express statement that Qatar law governs the guarantee's interpretation and enforcement
- Authentication: Bank officer signatures and official stamps as required by local banking regulations
What's the difference between a Performance guarantee and a Bank Guarantee?
A Performance guarantee differs significantly from a Bank Guarantee in several key aspects. While both are financial instruments issued by banks, they serve distinct purposes in Qatar's business environment.
- Purpose and Scope: Performance guarantees specifically cover contractor performance and project completion, while Bank Guarantees can secure various financial obligations beyond just performance
- Trigger Events: Performance guarantees activate only upon performance default, whereas Bank Guarantees may be called for multiple predetermined events
- Duration: Performance guarantees typically last until project completion plus warranty period, while Bank Guarantees often have more flexible timeframes
- Value Coverage: Performance guarantees usually cover 10% of contract value under Qatari law, but Bank Guarantees can vary widely in amount
- Regulatory Framework: Performance guarantees follow strict construction and procurement regulations, while Bank Guarantees have broader banking regulations
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