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Retention Bank Guarantee Template for Saudi Arabia

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Key Requirements PROMPT example:

Retention Bank Guarantee

"I need a Retention Bank Guarantee for a SAR 5 million construction project in Riyadh, where our company (Al-Rashid Construction) is the contractor and Saudi Development Corp is the employer, with a validity period until March 15, 2025, and the guarantee amount should be 10% of the contract value."

Document background
The Retention Bank Guarantee is a crucial document in Saudi Arabian construction and development projects, designed to replace the traditional practice of holding back a percentage of payment (typically 5-10%) as retention money. This type of bank guarantee, governed by Saudi Arabian law and regulated by SAMA, provides security to the employer while improving the contractor's cash flow. It is commonly used when a contractor wishes to receive their full payment while still providing the employer with security during the defects liability period. The guarantee must comply with Shariah principles and typically remains valid until the issuance of the final acceptance certificate or the expiry of the defects liability period.
Suggested Sections

1. Document Title and Reference: Clear identification of the document as a Retention Bank Guarantee, including guarantee number and date

2. Parties: Identification of all parties: Bank (Guarantor), Contractor (Principal), and Employer (Beneficiary), including full legal names and addresses

3. Underlying Contract Reference: Details of the main contract between the Contractor and Employer, including contract number, date, and project description

4. Guarantee Amount: The specific amount of the retention guarantee in both numbers and words, including currency

5. Purpose of Guarantee: Clear statement of the guarantee's purpose regarding retention money and the specific obligations being secured

6. Validity Period: Explicit start and end dates of the guarantee, including conditions for extension

7. Terms of Payment: Conditions under which the bank will make payment, including required documentation and notice period

8. Claim Process: Detailed procedure for making claims under the guarantee

9. Reduction Provisions: Terms for progressive reduction of the guarantee amount, if applicable

10. Governing Law: Statement confirming Saudi Arabian law as governing law and compliance with Shariah principles

Optional Sections

1. Assignment Clause: Optional section prohibiting or allowing assignment of the guarantee, used when specific assignment restrictions are required

2. Language Provision: Section specifying prevailing language when guarantee is issued in multiple languages, used for international contracts

3. Force Majeure: Provisions dealing with force majeure events, included when specifically requested or for high-value guarantees

4. Dispute Resolution: Specific dispute resolution mechanisms, included when parties want to specify particular procedures beyond standard court jurisdiction

5. Partial Claims: Provisions allowing partial claims under the guarantee, included when this flexibility is specifically required

Suggested Schedules

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

2. Project Details: Detailed description of the project and works covered by the retention guarantee

3. Payment Schedule: Schedule showing the planned reduction of retention amount over time, if applicable

4. Required Documents: List of documents required for claim submission

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 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

Oil & Gas

Manufacturing

Energy

Mining

Industrial Development

Government Projects

Commercial Development

Relevant Teams

Legal

Finance

Treasury

Procurement

Commercial

Risk Management

Operations

Compliance

Project Management

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Finance Director

Legal Counsel

Construction Manager

Chief Financial Officer

Treasury Manager

Bank Relationship Manager

Procurement Manager

Commercial Director

Risk Manager

Project Director

Financial Controller

Compliance Officer

Operations Manager

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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