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Demand guarantees in the construction industry - A comparative legal study of their use and abuse from a South African, English and German perspective (Hardcover)
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Demand guarantees in the construction industry - A comparative legal study of their use and abuse from a South African, English and German perspective (Hardcover)
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Independent guarantees, payable on demand (so-called demand
guarantees) are the preferred security instruments in complex
construction and infrastructure projects. To the beneficiary,
demand guarantees offer immediate access to cash without having to
prove breach of contract, (insufficient) performance, damages, or
the extent thereof. Due to the independent nature of demand
guarantees, there is a risk of abusive or fraudulent calls. This
comparative study analyses, in depth, the use of such guarantees in
the construction industry, and the legal situation in South
African, English, and German law regarding abusive calls on demand
guarantees. The book explores typical scenarios in construction,
and illustrates measures to prevent or mitigate abusive calls. The
book speaks to practitioners working in construction or the
financing of construction (such as construction professionals,
bankers, attorneys), and to academics and students who have an
interest in advanced studies of construction and construction law,
deals and guarantees, and finance.
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