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Performance Guarantees

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Definition: Commitments made by the contractor regarding the expected performance standards of the completed project, often including penalties for non-compliance.

Key Components:

  • Specified Metrics: Defined performance criteria (e.g., efficiency levels).
  • Testing Procedures: Methods to verify compliance.
  • Remedial Actions: Steps to address deficiencies.

Use Cases/Industries:

  • Power Generation Facilities: Guaranteeing output capacity and efficiency.
  • Industrial Plants: Ensuring production rates meet contractual obligations.

Advantages:

  • Quality Assurance: Holds contractors accountable for delivering specified standards.
  • Risk Mitigation: Protects owners from subpar performance.

Challenges:

  • Defining Realistic Metrics: Setting achievable and measurable standards.
  • Enforcement: Implementing penalties or corrective measures can be contentious.

Related Terms: Warranty Provisions, Service Level Agreements

Example:

An EPC contractor for a combined-cycle power plant provides a performance guarantee that the plant will achieve 60% thermal efficiency and meet specific emissions limits. If the plant fails to reach these benchmarks, the contractor must implement corrective measures or pay penalties.

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Synonyms:
Performance Bonds, Warranty Clauses
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