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业主为防止承包人在中标后不签约或签约后不履约、拿到预付款后不实施项目或忽视质量等问题,在国际上逐步形成了完整的金融保证制度,即通过业主确认的银行,承包人向业主开出各种保函。保函连接着委托人(承包人)、受保函保证的收益人(业主或主包)和保证人(银行)三方的经济关系。承包人一定要认识到保函不是一纸空文或虚有形式,而是意味着潜在的风险和债务责任。
In order to prevent contractors from failing to sign a contract after the successful bid or failing to perform the contract after signing the contract, failing to implement the project or neglecting the quality after obtaining the advance payment, the owner has gradually established a complete financial guarantee system in the world, that is, through the bank confirmed by the owner, contracting. People issued various guarantees to the owners. The letter of guarantee connects the three parties’ economic relations with the principal (contractor), the guaranteed person (owner or master) and the guarantor (bank) guaranteed by the guarantee. The contractor must realize that the letter of guarantee is not a dead letter or an imaginary form, but it means potential risks and liabilities.