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发包人通知银行支付见索即付履约保函中的担保金额,承包人认为并没违约,可以要求银行拒付吗?如果银行不同意拒付,承包人该怎么办呢?签订施工合同时,承包人通常要按约定委托银行向发包人提供银行履约保函,担保期截止到工程验收合格之日。一旦履约保函被发包人没收,将给承包人带来重大影响,不及时应对,承包人此后将难以再开具保函或者造成手续费大幅度提高,严重影响到承包人持续经营活动。下面将履约保函相关问题分析如下。
The Employer shall notify the Bank to pay the guarantee amount in the fulfillment bond, and if the Contractor believes that there is no breach of contract, can the bank refuse to pay? If the bank does not agree to refuse to pay, what should the contractor do? When signing the construction contract, People usually entrust the bank according to the agreement to provide the contractor with a bank performance bond, the guarantee period from the date of acceptance of the project. Once the performance bond is forfeited by the Employer, it will have a significant impact on the Contractor and will not be dealt with in time. The Contractor will then find it difficult to issue a letter of guarantee or cause a substantial increase in handling fees, which will seriously affect the continued operations of the Contractor. Below the performance bond related issues are analyzed as follows.