Insurance guarantees emerged instead of letters of guarantee from banks. There’s two essentially kinds of guarantee instruments you can use in Romania:
1. Unconditionally guarantees (issued by means of “bank guarantees letters” from banks)
2. Conditional guarantees (from insurance providers)
Financial problems, especially the possible lack of liquidity, as a result of the economic crisis which affected Romania from 2008 until in our, forced companies from Romania to change to insurance guarantees provided by insurance providers towards the hindrance of banking products for example letters of guarantee. Thus, the federal government decision with nr. 834/2009 point out that the guarantees from insurers are specifically recognized types of guarantee by public institutes to sign up in awarding the general public auctions. However, nearly 4 years following the implementation from the new legal provisions, warranty insurance marketplace is underdeveloped in this region.
By supplying guarantees, insurer undertakes to pay for compensation when the beneficiary is insured also it shows problems that may not fulfill its obligations underneath the contract of labor / service. Most contracting government bodies require companies taking part in the auction bank guarantees, even though the guarantees from insurers are specifically integrated into the course of qualified collaterals. Firms that take part in auctions organised in Romania have to know that contracting government bodies don’t have the authority to choose in order to impose what sort of guarantee is required.
The insurer covers risks as a result of failure or improper performance from the contractual obligations assumed through the Insured under hire the beneficiary.
You will find four kinds of collateral because it follows:
– Supplying tender guarantee (Bid Bond). Statistically in Romania, a renters insurance policy is easily the most used in the guarantee insurances. It is because a renters insurance policy is needed in most auctions organised for various projects.
– Performance guarantee insurance contract (PERFORMANCE BOND)
– Supplying Guarantee for advance return (ADVANCE PAYMENT BOND)
– Provide warranty period maintenance / maintenance (MAINTENANCE BOND). Regarding the truth that in Romania the infrastructure is very poorly developed and you will find many building sites to enhance it, increasingly more companies, especially construction companies recognized plenty of infrastructure projects. A lot of individuals projects deteriorated inside a short time after completing works. So that it was made the decision that among the primary condition for getting a construction work would be the presenting of the performance bond insurance.
With respect to the kind of collateral needed, the Insured might be:
– Bidder – Guarantee Clause from the tender offer. The word Provider means any economic operator that has posted the tender following a announcement / invitation to tender (manufacturer, supplier, contractor, contractor, provider). or
– Contractor – for other kinds of collateral.
The word Contractor refers back to the tenderer that has become, underneath the law, a celebration to some public contract or framework agreement (builder, contractor, subcontractor, supplier, contractor, provider).
The Insurance Coverage product guarantees offered covers the performance of contractual obligations for private and public construction projects.
Bid Bond – Guarantee Clause from the tender offer
With this clause, the Insured and also the Insurer mainly within the alternative is firmly dedicated to making certain Employer obligations as a result of the tender offer.
Advance Payment Bond – guarantees the return clause advance
Mainly insured and insurer, within the alternative, for damages Beneficiary guarantees, when the insured is responsible for failure or improper performance of obligations underneath the Contract concerning the use and return from the advance, to the amount insured.
Performance Bond – Clause guarantee of excellent execution from the contract