论国际项目在合同签订之前提交履约保函的法律风险分析及应对

Legal Risk Analysis and Countermeasures of the Submission of Performance Guarantee before the Contract Signing of International Projects

摘要: 目前在国际工程项目招投标中，不同于以往先签订合同后提交履约保函的惯例，越来越多的业主要求承包商在授标后，签订合同之前提交履约保函，诸多承包商认为在签订合同之前提交履约保函风险太大。鉴于此，笔者对中国法律、国际惯例中关于履约保函提交时间的规定进行了查阅、分析，认为先提交履约保函与签订合同后提交履约保函相比，风险并未增大，考验的仍然是承包商的履约能力。

Abstract: In the current international projects bidding, different from the usual practice of signing the contract before submitting the performance bond, more and more employers require the contractors to submit the performance bond after the award of the contract before signing the contract. Many contractors think that it is too risky to submit the performance bond before signing the contract. In view of this, the author reviewed and analyzed the provisions of Chinese laws and international practices on the submission time of performance bonds, and concluded that compared with the submission of performance bonds after signing the contract, no risks are increased, and the test is still the performance ability of the contractor.