ABSTRACT

The SAJ Form incorporates a standard form of guarantee to be furnished by the buyer to the builder, although, curiously, this is not referred to in the body of the contract itself. By its terms, the guarantor warrants to the builder the due and faithful performance by the buyer of all of his liabilities and responsibilities under the contract as from time to time amended. The guarantee, which is unlimited in time, makes no provision for a choice of law or jurisdiction; it equally incorporates no formal mechanism by which demand is to be made upon the guarantor.