Law of Guarantees
Law of Guarantees

Author: Geraldine Mary Andrews

Publisher: Sweet & Maxwell

Published: 2011

Total Pages: 925

ISBN-13: 0414044711

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The book provides the commercial lawyer with a detailed analysis of the various statutory and contractual requirements relating to the law of guarantees. It also examines the guarantor's liability and right against both creditors and debtors. A thorough knowledge of the law and practice surrounding guarantees is essential for lawyers in all areas of commercial law, given the complex borrowing and finance requirements of modern industry and institutions. This is the 6th edition of the highly successful book on Guarantees by Geraldine Andrews QC and Richard Millett QC. The book is considered the pre-eminent treatise on the subject of guarantees in the UK.

Performance Bond
Performance Bond

Author: 'Azizan Supardi

Publisher: LAP Lambert Academic Publishing

Published: 2011-12

Total Pages: 112

ISBN-13: 9783847323075

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In construction contracts, a 'performance bond' is a bond taken out by the contractor, for the benefit of and at the request of the employer, in the event of the contractor's default, repudiation or insolvency. There are two types of performance bonds: Conditional bond or default bond, whereby the surety accepts 'joint and several' responsibility for the performance of the contractor's obligations under the contract; and Unconditional bond or on-demand bond, which is a covenant by the surety to indemnify the employer following contractor's default, subject to stated terms and up to a sum commonly 5% of the main contract sum. However, in Malaysia, the question of whether the performance bond in a construction contract is a conditional or an unconditional guarantees is one of the issues relating to performance bond that has been discussed. Thus, in order to determine the types of performance bond applicable in a contract, a thorough understanding of the content of the bond is required. Therefore, the objective of this research is to determine the phrase(s) in the Performance Bond in a construction contract that determine whether the performance bond is a conditional or unconditional.