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Construction Bank Guarantee Template for Malaysia

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Key Requirements PROMPT example:

Construction Bank Guarantee

"I need a Construction Bank Guarantee for a large-scale commercial building project in Kuala Lumpur, with a guarantee amount of RM 5 million, effective from March 1, 2025, for a duration of 24 months, requiring monthly progress reporting and allowing partial drawdowns."

Document background
The Construction Bank Guarantee is a crucial document in Malaysian construction projects, typically required when a contractor needs to provide financial security to a project owner. It is commonly used for bid bonds, performance bonds, or advance payment guarantees in construction contracts. The document establishes the bank's unconditional obligation to pay upon demand, subject to Malaysian law and banking regulations. It includes specific details such as the guaranteed amount, validity period, conditions for demand, and payment terms. This type of guarantee is particularly important in Malaysia's construction sector as it provides project owners with immediate access to funds without the need for lengthy court proceedings, while also helping contractors secure major construction contracts.
Suggested Sections

1. Parties: Identification of the Bank (Guarantor), the Principal (Contractor), and the Beneficiary (typically the Project Owner)

2. Background: Context of the underlying construction contract and purpose of the guarantee

3. Definitions: Key terms used in the guarantee, including Contract Sum, Guaranteed Sum, Expiry Date, and Demand Notice

4. Guarantee Amount: Specification of the maximum guaranteed sum and currency

5. Scope of Guarantee: Nature and extent of the bank's obligations under the guarantee

6. Conditions for Demand: Requirements and process for making a valid demand under the guarantee

7. Duration and Expiry: Validity period of the guarantee and conditions for extension

8. Bank's Undertaking: Specific commitments and obligations of the bank

9. Payment Terms: Timeline and method for payment upon valid demand

10. Reduction of Guarantee: Conditions and process for reducing the guarantee amount if applicable

11. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes

12. Notices: Method and addresses for serving notices under the guarantee

13. Execution: Signature blocks and execution formalities

Optional Sections

1. Assignment: Include when assignment of guarantee rights needs to be restricted or permitted

2. Step-In Rights: Include for large construction projects where lenders may require step-in rights

3. Multiple Beneficiaries: Include when the guarantee benefits multiple parties

4. Partial Demands: Include when multiple or partial demands are permitted

5. Counter-Indemnity: Include when specific counter-indemnity provisions from the contractor are required

6. Language: Include when the guarantee may be issued in multiple languages

7. Bank's Maximum Liability: Include when additional clarity on liability caps is needed beyond the guarantee amount

Suggested Schedules

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

2. Construction Contract Details: Key details of the underlying construction contract

3. Project Details: Specific information about the construction project

4. Payment Schedule: Schedule of any staged reductions in the guarantee amount

5. Authorized Signatories: List of persons authorized to make demands under the guarantee

6. Form of Extension Request: Template for requesting extension of the guarantee validity

7. Supporting Documents: List of required supporting documents for making a demand

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

Banking and Financial Services

Infrastructure Development

Real Estate Development

Commercial Property

Industrial Construction

Residential Development

Civil Engineering

Energy and Utilities Construction

Public Works

Relevant Teams

Legal

Finance

Construction Operations

Risk Management

Compliance

Commercial

Treasury

Project Management

Banking Operations

Contract Administration

Relevant Roles

Project Manager

Construction Manager

Bank Relationship Manager

Legal Counsel

Contract Administrator

Chief Financial Officer

Risk Manager

Project Director

Construction Director

Banking Operations Manager

Compliance Officer

Treasury Manager

Site Manager

Commercial Director

Finance 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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