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Nominated Selected Subcontract Agreement

Nominated Selected Subcontract Agreement Template for Germany

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Key Requirements PROMPT example:

Nominated Selected Subcontract Agreement

"I need a Nominated Selected Subcontract Agreement under German law for a specialized HVAC installation project in Munich, where our client has nominated a specific technical supplier, with work scheduled to commence in March 2025 and completion required within 6 months."

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Document background
The Nominated Selected Subcontract Agreement is a specialized construction contract used in German construction projects where the employer/principal has specifically selected or nominated a subcontractor to perform certain works under the main contractor's oversight. This arrangement is common in projects requiring specialized expertise or proprietary systems, where the employer wishes to maintain control over the selection of key subcontractors while keeping them under the main contractor's management. The document incorporates German legal requirements, particularly from the BGB and VOB/B, and includes detailed provisions for payment mechanisms, quality control, warranty obligations, and dispute resolution. It's structured to protect all parties' interests while ensuring clear communication channels and responsibility matrices between the employer, main contractor, and nominated subcontractor.
Suggested Sections

1. Parties: Identification of the Main Contractor and Subcontractor, including full legal names, registration details, and addresses

2. Background: Context of the main contract, nomination process, and basis for the subcontract appointment

3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and language provisions

4. Scope of Works: Detailed description of the subcontract works, including reference to specifications and drawings

5. Main Contract Flow-Down: Provisions making relevant main contract terms binding on the Subcontractor

6. Subcontractor's Obligations: Core obligations including workmanship standards, compliance with laws, and coordination requirements

7. Main Contractor's Obligations: Core obligations including site access, coordination, and payment obligations

8. Time and Programme: Commencement, completion dates, milestones, and programming requirements

9. Changes and Variations: Procedures for varying the subcontract works and adjusting the price

10. Price and Payment: Subcontract price, payment terms, invoicing procedures, and retention provisions

11. Quality and Inspection: Quality requirements, testing procedures, and inspection rights

12. Defects and Warranty: Defect notification procedures and warranty obligations under German law

13. Insurance and Liability: Insurance requirements and allocation of risks and liabilities

14. Termination: Grounds and procedures for termination, including consequences

15. Dispute Resolution: Dispute resolution procedures compliant with German law

16. General Provisions: Standard boilerplate clauses including notices, assignment, and severability

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees, optional depending on project value and risk

2. Intellectual Property: IP rights and obligations, required if design or innovative solutions are involved

3. Environmental Requirements: Specific environmental obligations, needed for projects with significant environmental impact

4. Health and Safety: Detailed H&S requirements, recommended for high-risk construction works

5. Anti-Corruption: Anti-corruption and compliance provisions, recommended for public projects or international contracts

6. Force Majeure: Force majeure provisions beyond standard VOB/B requirements, recommended for complex projects

7. Parent Company Guarantee: Requirements for parent company support, needed if subcontractor's financial strength is a concern

8. Building Information Modeling: BIM obligations and protocols, required if project uses BIM

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specification and description of the subcontract works

2. Schedule 2 - Contract Price and Payment: Detailed pricing breakdown, payment milestones, and rates

3. Schedule 3 - Programme: Detailed programme requirements and key dates

4. Schedule 4 - Main Contract Extracts: Relevant excerpts from the main contract that flow down to the subcontractor

5. Schedule 5 - Forms and Procedures: Standard forms for variations, payment applications, and certificates

6. Schedule 6 - Technical Submittals: List of required technical submittals and approval procedures

7. Schedule 7 - Site Rules: Site-specific regulations and procedures

8. Schedule 8 - Quality Requirements: Detailed quality assurance and control requirements

9. Appendix A - Drawings: List of contract drawings and specifications

10. Appendix B - Insurance Requirements: Detailed insurance requirements and minimum coverage levels

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions


















































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Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Energy and Utilities

Healthcare Facilities

Educational Facilities

Transportation

Public Works

Manufacturing Facilities

Retail Development

Hospitality and Leisure

Relevant Teams

Legal

Procurement

Commercial

Operations

Construction

Project Management

Risk and Compliance

Technical

Finance

Contract Administration

Relevant Roles

Construction Manager

Project Director

Commercial Director

Contracts Manager

Legal Counsel

Procurement Manager

Project Manager

Technical Director

Operations Manager

Site Manager

Quantity Surveyor

Risk Manager

Compliance Officer

Chief Executive Officer

Construction Director

Head of Construction

Senior Contract Administrator

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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