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- Avoiding a costly mistake: Ensuring delivery of original bank guarantees in construction contracts
Avoiding a costly mistake: Ensuring delivery of original bank guarantees in construction contracts

Scott Hedge and Aaron Edmonds of Colin Biggers & Paisley highlight a NSW Supreme Court decision confirming that a creditor’s proprietary rights to original bank guarantees can survive a DOCA, allowing the creditor to recover the originals and pursue payment directly from the issuing bank where the guarantees had been intended to replace retention money.