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ARTICLE · 25 FEBRUARY 2015

On-Demand Guarantees Under Italian Law

In mid-big size construction projects (both international and domestic), it is standard practice that the employer asks to the contractor a guarantee for the advance payment received (advance payment bond), for the proper performance of the works (usually known as performance bond) and for the warranty period after the taking over of the works (warranty bond).

ItalyReal Estate and Construction

PRACTICAL SUGGESTIONS IN RESPECT OF ON-DEMAND GUARANTEES GOVERNED BY ITALIAN LAW AND USED IN INTERNATIONAL CONSTRUCTION PROJECTS

19.02.2015 - In mid-big size construction projects (both international and domestic), it is standard practice that the employer asks to the contractor a guarantee for the advance payment received (advance payment bond), for the proper performance of the works (usually known as performance bond) and for the warranty period after the taking over of the works (warranty bond). The contractor will therefore ask (usually) to its own bank the issuance of such guarantees in favour of the employer.

This note takes into consideration the case where an Italian contractor asks the issuance of the bond to an Italian bank and the bond is governed by Italian law.

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