Performance Security Guarantees: BGs, SBLCs, Bonds

Contract Risk And Credit Support

Performance Security Guarantees Explained

Performance security guarantees are credit-backed promises that protect a buyer or project owner if a supplier or contractor fails to perform what they signed up to do.

Think of them like this: If we do not deliver what the contract requires, you can claim and get paid.

What Performance Security Is, In Plain Terms

In most contracts, the risky period sits between signing and delivery. Work is underway, timelines are tight, cash is moving, and reputations are exposed. Performance security is the backstop that makes the deal approvable: the beneficiary has a defined claim path if performance fails.

Key concept: performance security is not about punishing suppliers. It is a structured risk control that makes execution financeable and board-ready.

Main Instruments Used As Performance Security

A performance security guarantee is typically issued as one of the instruments below. They often look similar commercially, but the legal framework, claim mechanics, and underwriting posture can differ materially.

What Problem Performance Security Solves

Performance security solves a classic contracting problem: you are exposed between award and delivery, and your remedies may be slow or uncertain if things go wrong. The guarantee gives you a faster credit-backed recovery path than relying only on litigation or termination.

For The Beneficiary

  • Reduces counterparty performance risk without over-collateralising
  • Supports internal approvals because remedies are defined
  • Can cover replacement cost, remediation, or delay exposure depending on wording

For The Applicant

  • Wins awards where security is a condition to contract
  • Preserves cash by avoiding heavy deposits or retention
  • Signals credibility in cross-border or first-time relationships

Demand Versus Conditional: The Claim Style That Changes Everything

People obsess over the percentage and ignore the claim style. That is a mistake. Claim style drives how fast the beneficiary can claim and how much the applicant is exposed.

Demand or On First Demand

Typically requires a written demand and a simple statement that the applicant is in breach, often with minimal documentation. This gives the beneficiary strong protection and a cleaner enforcement path.

  • Fast claim path
  • Higher credit exposure for the applicant
  • Wording discipline is critical to avoid abuse and ambiguity

Conditional

Requires evidence of default, which can include engineer certificates, court orders, arbitration awards, or detailed documents. This reduces applicant risk but can delay claims.

  • Slower claim path
  • More disputes around proof and timing
  • Often misaligned with urgent replacement needs

Typical Commercial Terms You Will See

The market range varies by sector, jurisdiction, and employer expectations, but common patterns repeat.

Amount

Often 5% to 15% of contract value. EPC and construction frequently cluster around 10%, with reductions after completion in some contracts.

Validity And Reduction

Valid through completion, then sometimes reduced for defects liability. The reduction schedule must match the contract milestones and acceptance mechanics.

Expiry Mechanics

Some forms expire on a fixed date. Others have auto-extension or require notice of non-extension. This is a common trap that gets missed in procurement.

Governing Framework

SBLCs and guarantees can sit under different documentary frameworks depending on the instrument and bank. The choice affects presentation requirements and dispute behaviour.

What Performance Security Is Not

Performance security is not the same as a payment guarantee. A payment guarantee protects the seller against buyer non-payment. Performance security protects the buyer or project owner against supplier non-performance.

It is also not “free comfort.” For the applicant, it is real credit exposure. Banks and sureties usually require collateral, cash margin, a credit line, or all three depending on the applicant profile and the form of guarantee.

Wording Traps That Cause Claims To Fail

Most failures are not because the beneficiary is wrong. They happen because the demand does not match the exact presentation conditions, timing, or beneficiary details. Common traps include:

  • Beneficiary name mismatch versus the underlying contract entity
  • Expiry date not aligned with completion or acceptance timelines
  • Demand statement wording that must be mirrored exactly
  • Presentation window that is shorter than internal approval cycles
  • Prohibited assignment or transfer wording that blocks project restructures
  • Unclear partial claim rights or reduction schedules

Practical insight: the safest way to handle wording is to pre-agree the guarantee form in the contract and treat it as a controlled schedule, not a loose appendix.

Quick Examples

EPC And Construction

Contractor posts a 10% performance guarantee to the project owner until completion, then the security reduces through defects liability depending on contract terms.

Equipment Supply

Manufacturer provides an SBLC as performance security until commissioning tests and acceptance are passed, then the instrument expires or reduces.

Retention Replacement

Contractor provides a retention bond so the owner can release withheld cash while still holding credit-backed cover for defects and warranty obligations.

Advance Payment Protection

Buyer pays an advance for long lead items. An advance payment guarantee protects the buyer if delivery fails and the advance must be recovered.

Where Financely Fits

Financely supports commercial structuring and lender decisioning for trade and project transactions where performance security is required. We help teams map the right instrument mix, sanity-check claim mechanics, and package the deal so credit providers can underwrite the applicant’s issuance capacity. If your transaction is project-linked, see Project Finance. If it is trade-linked, see Trade Finance.

Request A Quote

Submit your draft contract, required security wording, contract value, timeline, and applicant profile. We will revert with an issuance feasibility view and the documentation checklist.

FAQ

What percentage is normal for a performance guarantee?

Many markets sit in a 5% to 15% range depending on sector, jurisdiction, and employer preference. The claim style and wording often matter more than the percentage.

Is an SBLC the same as a bank guarantee?

They can serve the same economic purpose as performance security, but the documentary framework and presentation requirements can differ. That difference impacts claim mechanics and bank preferences.

Can the beneficiary claim without proving default?

Only if the instrument is drafted as demand style with minimal documentary conditions. Even then, the demand must meet exact presentation requirements.

What does the bank ask the applicant for?

Typically financials, contract details, performance track record, and a view on collateral or cash margin, depending on the applicant’s credit profile and existing facilities.

What is the most common reason claims get rejected?

Presentation defects. Wrong beneficiary name, wrong statement text, late presentation, missing documents, or a mismatch with the instrument’s expiry mechanics.

How should we treat the guarantee wording in the contract?

Treat it as a controlled schedule agreed before award, with clear expiry, reduction, claim statement wording, and a process for amendments if the project timeline moves.

Important: This page is for general information only and does not constitute legal, tax, investment, or regulatory advice. Financely is not a bank, not a broker-dealer, and not a direct lender. Any engagement and any introduction process is subject to diligence, KYB, KYC, AML, sanctions screening, capital provider criteria, and definitive documentation. Financely does not promise approvals or funding.

Performance security works when the instrument is drafted for reality: correct beneficiary details, clear expiry and reduction logic, clean claim wording, and presentation rules that your teams can execute under stress.