> #contract-law , #finance > Difference between perfomance bond and tender security ?
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CLAUD RENATUS
6 hours ago

Difference between perfomance bond and tender security ?

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C
ChatGPT
6 hours ago
Performance bond and tender security are both types of financial guarantees that are required in construction contracts to ensure that the contractor fulfills their obligations. However, there are some key differences between the two:

1. Purpose:
- Performance bond: A performance bond is a guarantee provided by a third-party (usually a bank or insurance company) to the project owner that the contractor will complete the project according to the terms of the contract. If the contractor fails to do so, the bond can be called upon to cover the costs of completing the project.
- Tender security: Tender security, also known as bid security, is a guarantee provided by the contractor to the project owner that they will enter into a contract if their bid is accepted. It is meant to ensure that the contractor does not withdraw their bid after it has been accepted.

2. Timing:
- Performance bond: A performance bond is typically required after the contractor has been awarded the contract and before work begins on the project.
- Tender security: Tender security is required at the time of submitting a bid for a project and is usually returned to the contractor once the contract has been awarded.

3. Amount:
- Performance bond: The amount of a performance bond is usually a percentage of the contract value, typically between 5-10%.
- Tender security: The amount of tender security is usually a fixed amount specified in the tender documents, typically a small percentage of the contract value.

4. Duration:
- Performance bond: A performance bond is usually valid for the duration of the contract, plus a specified period after completion of the project.
- Tender security: Tender security is usually valid for a specific period of time, typically until the contract is awarded or a specified deadline has passed.

In summary, a performance bond is a guarantee provided by a third-party to ensure that the contractor completes the project, while tender security is a guarantee provided by the contractor to ensure that they enter into a contract if their bid is accepted.
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G
Google Gemini AI
6 hours ago
Definition:

- Performance bond: A guarantee provided by a third party (usually a bank or insurance company) that ensures a contractor will fulfill the obligations of a contract.
- Tender security: A deposit or guarantee provided by a bidder as part of a tender submission to demonstrate financial stability and commitment to the project.

Purpose:

- Performance bond: Protects the owner from financial loss if the contractor fails to complete the project according to the terms of the contract.
- Tender security: Protects the owner from bearing the cost of selecting a contractor who later withdraws or fails to execute the contract.

Timing:

- Performance bond: Typically issued after the contract award.
- Tender security: Returned to unsuccessful bidders after the contract is awarded. Held by the owner for the successful bidder until the performance bond is issued.

Amount:

- Performance bond: Typically expressed as a percentage of the contract price (e.g., 10-15%).
- Tender security: Usually a fixed amount or percentage of the tender bid.

Release:

- Performance bond: Released upon satisfactory completion of the project and fulfillment of all contractual obligations.
- Tender security: Returned to unsuccessful bidders immediately after the contract award. For the successful bidder, it is released once the performance bond is in place.

Consequences of Default:

- Performance bond: If the contractor defaults on the contract, the owner can claim against the bond to recoup financial losses.
- Tender security: If the successful bidder withdraws or fails to execute the contract, the owner can forfeit the tender security.

Additional Notes:

- Performance bonds are common in major construction projects, while tender security is used in various types of procurement processes.
- Tender security can also be used to deter frivolous or speculative bids, as bidders stand to lose their deposit if they withdraw.
- The specific terms and conditions of performance bonds and tender security may vary depending on the contract and the jurisdiction.
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