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Advance Payment Guarantee Bond Template for Ireland

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Key Requirements PROMPT example:

Advance Payment Guarantee Bond

"I need an Advance Payment Guarantee Bond for a €5 million construction project in Dublin, where the guarantee amount reduces by 25% every three months starting March 2025, with Bank of Ireland as guarantor and specific provisions for multiple subcontractors."

Document background
The Advance Payment Guarantee Bond is a crucial financial instrument in Irish commercial practice, particularly used in situations where substantial advance payments are required for project execution. This document is typically required when a project owner or employer needs to make significant upfront payments to a contractor or supplier but wants security against the risk of non-performance or default. The guarantee, issued by a bank or financial institution under Irish law, provides assurance that the advance payment will be repaid if the contractor fails to fulfill their contractual obligations. The document includes specific provisions for making demands, reduction mechanisms as work progresses, and clear expiry conditions. It's particularly relevant in large-scale construction, infrastructure, and international trade transactions where Irish entities are involved or Irish law is chosen as the governing law.
Suggested Sections

1. Parties: Identifies the Guarantor (bank/financial institution), the Principal (contractor/supplier), and the Beneficiary (party making advance payment)

2. Background: Sets out the context of the underlying contract and advance payment arrangement

3. Definitions: Defines key terms used throughout the bond including 'Guaranteed Sum', 'Expiry Date', and 'Underlying Contract'

4. Guarantee: Core section stating the guarantee amount and the guarantor's commitment to pay

5. Terms of Demand: Specifies the conditions and process for making a demand under the guarantee

6. Reduction and Release: Details how the guarantee amount reduces over time and conditions for release

7. Expiry: States the validity period of the guarantee and expiry conditions

8. Assignment: Provisions regarding transfer or assignment of rights under the guarantee

9. Governing Law and Jurisdiction: Specifies Irish law as governing law and jurisdiction for disputes

10. Notices: Details how formal communications between parties should be made

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Counter Guarantee: Required when there is a separate counter-guarantee arrangement with another financial institution

2. Step-in Rights: Include when the guarantor has rights to step into the underlying contract

3. Multiple Beneficiaries: Required when the guarantee is issued in favor of multiple beneficiaries

4. Currency Provisions: Include when the guarantee involves multiple currencies or currency conversion

5. Force Majeure: Optional provisions for extraordinary events affecting the guarantee

6. Anti-Money Laundering Compliance: Additional compliance requirements for high-risk or international transactions

Suggested Schedules

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

2. Underlying Contract Details: Key details of the contract for which advance payment is being made

3. Reduction Schedule: Schedule showing how the guarantee amount reduces over time

4. Authority Documents: Copies of authority documentation for signatories

5. Bank Details: Payment instructions and bank account details for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Manufacturing

Infrastructure

Energy

Technology

Engineering

International Trade

Real Estate Development

Telecommunications

Defense Contracting

Industrial Projects

Renewable Energy

Relevant Teams

Legal

Finance

Treasury

Procurement

Commercial

Risk Management

Operations

Project Management

Contract Administration

Corporate Governance

Relevant Roles

Project Manager

Contract Manager

Financial Director

Commercial Manager

Legal Counsel

Treasury Manager

Procurement Manager

Risk Manager

Construction Manager

Chief Financial Officer

Company Secretary

Business Development Director

Operations Director

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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