Rola gwarancji bankowej i ubezpieczeniowej jako zabezpieczenia należytego wykonania umowy w zamówieniach publicznych na roboty budowlane
The role of the performance bond issued by a bank or an insurance company in the public procurement of construction works

Summary/Abstract: The article discusses the role of the performance bond, referring in particular to the issue of public procurement of construction works. The paper presents the two basic instruments which can secure the contract - a performance bond issued by a bank and a performance bond issued by an insurance company. The author analyzes in detail the nature and structure of these forms of protection. In the final part of the study the risk of abuse by the Employer in the application of rights resulting from these bonds is indicated. Barriers to their use as seen from the perspective of the Contractor are also mentioned.

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