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Owner Contractor Agreement for Belgium

Owner Contractor Agreement Template for Belgium

A comprehensive legal agreement governed by Belgian law that establishes the contractual relationship between a property owner and a construction contractor. The document outlines the terms and conditions for construction works, including scope, payment terms, timelines, and responsibilities, while ensuring compliance with Belgian construction regulations, safety requirements, and civil code provisions. It incorporates specific Belgian legal requirements such as architectural involvement requirements, urban planning regulations, and worker welfare provisions, while providing a framework for project execution, risk allocation, and dispute resolution.

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What is a Owner Contractor Agreement?

The Owner Contractor Agreement is a fundamental legal document used in Belgium when a property owner engages a contractor to perform construction works. This agreement is essential for any construction project, whether commercial, residential, or industrial, and must comply with Belgian civil law, particularly Articles 1787-1799 of the Belgian Civil Code regarding construction contracts. The document establishes the entire contractual framework including scope of works, payment terms, timelines, quality standards, and risk allocation. It addresses specific Belgian requirements such as mandatory architectural involvement for certain projects, urban planning compliance, worker safety regulations, and VAT considerations. The Owner Contractor Agreement serves as the primary reference point for project execution and dispute resolution, incorporating both standard construction industry practices and jurisdiction-specific legal requirements.

What sections should be included in a Owner Contractor Agreement?

1. Parties: Identification and details of the Owner and Contractor, including registration numbers and authorized representatives

2. Background: Context of the agreement, including project overview and purpose

3. Definitions: Defined terms used throughout the agreement

4. Scope of Works: Detailed description of construction works to be performed by the Contractor

5. Contract Price and Payment Terms: Amount payable, payment schedule, invoicing requirements, and VAT considerations

6. Timeline and Completion: Project schedule, milestones, completion criteria, and delay provisions

7. Contractor Obligations: Key responsibilities including permits, materials, workforce, and compliance with laws

8. Owner Obligations: Responsibilities of the owner including site access, approvals, and information provision

9. Quality and Standards: Required construction standards, quality control measures, and inspection rights

10. Health and Safety: Safety requirements and responsibilities in accordance with Belgian regulations

11. Insurance and Liability: Required insurance coverage and allocation of risks between parties

12. Warranties: Contractor's warranties for workmanship and materials, including duration and scope

13. Variations: Process for managing changes to scope, price, or timeline

14. Termination: Grounds and process for contract termination by either party

15. Dispute Resolution: Process for resolving disputes, including applicable Belgian law provisions

16. General Provisions: Standard clauses including notices, assignment, and entire agreement

What sections are optional to include in a Owner Contractor Agreement?

1. Architect's Role: Required when an architect is involved as per Belgian law for larger construction projects

2. Subcontracting: Include when the Contractor is permitted to engage subcontractors

3. Environmental Requirements: For projects with specific environmental compliance needs

4. Site Security: For projects requiring specific security measures

5. Utilities and Services: When temporary or permanent utility connections are part of the scope

6. Intellectual Property: When custom designs or innovative construction methods are involved

7. Force Majeure: Detailed force majeure provisions beyond standard terms

8. Bank Guarantees: When performance or payment guarantees are required

9. Defects Liability Period: Extended warranty provisions beyond standard requirements

What schedules should be included in a Owner Contractor Agreement?

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Project Timeline: Detailed program of works with milestones

3. Schedule 3 - Payment Schedule: Breakdown of payments, including milestone payments

4. Schedule 4 - Site Information: Site details, access points, and existing conditions

5. Schedule 5 - Required Insurances: Specific insurance requirements and coverage levels

6. Schedule 6 - Key Personnel: List of key contractor and owner representatives

7. Schedule 7 - Forms and Procedures: Standard forms for variations, certifications, and approvals

8. Schedule 8 - Health and Safety Requirements: Detailed safety procedures and requirements

9. Appendix A - Building Permits: Copies of relevant permits and authorizations

10. Appendix B - Technical Drawings: Approved construction drawings and specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

















































Clauses





































Relevant Industries

Construction

Real Estate

Commercial Property

Residential Property

Industrial

Retail

Healthcare

Education

Hospitality

Manufacturing

Warehousing

Office Development

Relevant Teams

Legal

Construction

Property Development

Procurement

Finance

Operations

Commercial

Risk & Compliance

Technical Services

Project Management

Real Estate

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Property Developer

Facility Manager

Site Manager

Commercial Director

Development Manager

Risk Manager

Procurement Manager

Technical Director

Operations Manager

Chief Financial Officer

Real Estate Manager

Compliance Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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