Performance Guarantee: Security After the Contract Is Won
Security for contract execution after award; typical percentages.
What a Performance Guarantee Covers Once Work Is Awarded
A performance guarantee secures the contractor's obligations once work has been awarded. Where the earnest money deposit protected the authority during bidding, this protects it during delivery. If the contractor abandons the work, performs it defectively or misses the specification, the authority invokes the guarantee and recovers. It is furnished after award and before the contract is signed. It stays in force through the contract period and usually beyond. That covers the defect liability period, during which later faults remain the contractor's responsibility. That tail is what makes the instrument long-lived and what makes its cost material to a contractor holding several at once. Because it is issued against a bank limit rather than paid in cash, a contractor's capacity to hold several at once is finite. Each one consumes limit that cannot then be used for working capital, and a contractor winning three contracts in a quarter can find the third unfundable for that reason alone.
Percentages and Validity Periods Typical of Indian Government Contracts
Indian government contracts commonly set the guarantee as a percentage of the contract value, with the exact proportion varying by department and by the nature of the work. Validity covers the contract period, the defect liability period and a claim period beyond it. A two-year contract can therefore carry a guarantee running well past three. Extensions are frequently required where the work overruns, and an authority will usually treat failure to extend as a default in itself. The wording is almost always prescribed by the department, and banks issue it as drafted rather than negotiating the terms. Release is rarely automatic. The authority usually requires a written request supported by a completion certificate, and guarantees sit unreleased for months after the obligation has ended simply because nobody asked. That is a cost the contractor continues to carry. Contractors who track release dates actively recover that capacity months earlier than those who wait to be told, and on a busy order book the difference is material.
