The difference between quality assurance and performance assurance

Legal analysis: The differences between quality assurance and performance guarantee are as follows:

1, different sources of funds. The performance bond generally comes from the contractor's working capital and is paid to the employer before construction. The quality deposit shall be agreed by the employer and the contractor in the construction project contract or promised by the contractor in the project warranty; After the completion of the project acceptance and delivery, the funds reserved from the construction project funds payable are used to repair the quality defects of the project during the warranty period and within the warranty period;

2. The purpose of the constraint is different. The purpose of performance bond is to ensure that the contractor fully performs the contract, mainly to ensure that the construction period and quality conform to the contract;

3. The proportion of the deposit is different from the return time.

Legal basis: Article 3 of the Interim Measures for the Administration of Construction Project Quality Deposit, the employer shall specify the contents of the deposit reserved and returned in the tender documents, and make an agreement with the contractor on the following matters of the deposit in the contract terms:

(a) the way to reserve and return the deposit;

(2) The proportion and term of deposits;

(3) Whether the deposit pays interest, and if so, the calculation method of interest;

(four) the duration and calculation method of the defect liability period;

(five) procedures for handling disputes such as deposit reservation, return and engineering maintenance quality and cost;

(6) Claims for defects during the defects liability period.