• Bank Guarentee Format

Dear Lawyers

Our Society in pune is going for redevelopment. 
Developer is supposed to provide us with bank guarantee of specific amount. He has asked us for format of the same. 

I want to know , generally what all things are included in the format? 
Is this bank guarantee unconditional ? or do you put conditions of encashment in the bank guarantee ?
If anyone can give me sample format , it will be extremely helpful.
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

1) there would be clause in bank guarantee that society can encash BG in case builder commits breach of contract

2) there is no sample format

3) it depends upon facts of each case

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

if u will provide the format then the builder's bank may not agree

so the builder can obtain a format from his bank which will issue the BG

you can also go to the society's bank and request for its format

every bank has their own format

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Sample is available to bank and it should be irrevocable.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Hello

You may find the format at the following link, usually the formats are like this, but you should get in touch with a lawyer before finalizing the same:

https://www.npci.org.in/sites/default/files/Annexure-A3-PerformanceBankGuarantee.pdf

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir the bank guarantee format is as prescribed by the bank further check the guarantee should not be conditional and further the condition and amount should be clear.

Each draft for guarantee is prepared according to the terms it can be conditional as well as unconditional also.

There are plenty of samples available bank wise on google you can refer same though for your purpose one has to be specially drafted.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) The Developer should give Bank Guarantee of 20% price of Redevelopment Project.

2) A bank guarantee is essentially a promissory provision on a loan indicating that if the borrower of the loan defaults on repayment, the bank will cover the amount of default. This is a crucial provision to convince multiple companies to work together to complete a long-term project.

3) You can contact me so I will provide you details format

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sample formats are available with the bank as well as on their websites as each bank has a different format for BG.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Housing redevelopment refers to the process of reconstruction of a residential premise by demolition of the existing structure and construction of a new one as per approvals from the Municipal Corporation.

With redevelopment, the members get a new building, more space and monetary benefits without spending any money from their own pockets.

The housing society should insist on a bank guarantee, which would take care of monetary compensation to ensure the project is not delayed or stopped midway. "The successful bidder has to give a bank guarantee equivalent to 20 percent of the total project cost.

The agreement should mention the time of completion of the project, the size of the new houses, the mode and nature of monetary compensation, if it's a one-time payment, reimbursement of rent, or a mix of both.The developer also has to offers a monthly compensation in advance along with the brokerage and transportation charge that the tenant has to incur while securing an alternate accommodation.

Redevelopment is usually burdened with bitterness and complaints of high-handedness and corruption against the Managing Committee of the society, which is why society members should always appoint a lawyer before signing a contract with the builder."Builder should be transparent, reliable and trustworthy. The most recommended way to choose a builder is to go by the tendering system.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer