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Marxen

Demand guarantees in the construction industry

A comparative legal study of their use and abuse from a South African, English and German perspective
Nomos,  2018, 355 Pages

ISBN 978-3-8487-5113-6


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The work is part of the series Studien zum Handels-, Arbeits- und Wirtschaftsrecht (Volume 173)
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englischIndependent 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, demand guarantees, and finance.

»Overall, Marxen’s Demand Guarantees is a sound piece of comparative research. It is comprehensive. Anyone who would like to explore the doctrines underlying demand guarantees, with reference to their abuse, up until the end of 2017 need only to look at this book. What the book does do to a highly exceptional standard is take a concise area of law dealing with certain principles, analysing them to a very high degree and presenting them in a manner that is understandable to those working in the field and who would have to make assessments on a complex area of law.«
Faadhil Adams, Journal of South African Law 2/2020, 399