The Stipulated Price Contract is a fundamental agreement used in German construction projects where the scope of work can be clearly defined and priced upfront. This contract type is particularly suitable for projects where cost certainty is a priority for the Principal and where the Contractor is confident in providing a fixed price for well-defined works. The document is structured in accordance with German law, particularly the BGB (German Civil Code) and construction industry standards, including VOB/B where applicable. It includes comprehensive provisions for project execution, quality control, payment terms, and risk allocation, while maintaining the fixed-price nature of the arrangement. This contract type is commonly used in both private and public construction projects throughout Germany, providing clarity and certainty for all parties involved in terms of cost, scope, and responsibilities.
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1. Parties: Identification and details of the contracting parties (Principal/Employer and Contractor)
2. Background: Context of the agreement and brief description of the project
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Work: Detailed description of the works to be performed by the Contractor
5. Contract Price: Stipulated fixed price, payment schedule, and invoicing requirements
6. Time for Completion: Project timeline, milestones, and completion dates
7. Contractor Obligations: Key responsibilities and obligations of the Contractor
8. Principal Obligations: Key responsibilities and obligations of the Principal
9. Quality and Standards: Required quality standards, applicable codes, and inspection requirements
10. Variations: Process for handling changes to the scope of work
11. Acceptance and Defects: Procedures for work acceptance and handling defects
12. Warranties: Contractor's warranties for the work and warranty period
13. Insurance and Liability: Required insurance coverage and liability provisions
14. Force Majeure: Provisions for handling unforeseen circumstances
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Procedures for resolving disputes
17. Governing Law: Specification of German law as governing law and jurisdiction
18. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability
1. Site Access and Conditions: Used when specific site access requirements or conditions need to be addressed
2. Subcontracting: Include when subcontracting is permitted and needs to be regulated
3. Performance Security: Required when bank guarantees or other security measures are needed
4. Environmental Requirements: Include for projects with specific environmental considerations
5. Health and Safety: Detailed section needed for high-risk construction projects
6. Intellectual Property: Include when design work or proprietary methods are involved
7. Confidentiality: Required for projects involving sensitive information or proprietary designs
8. Social Security and Labor Law Compliance: Include for projects with specific workforce requirements
9. Storage and Materials: Include when specific requirements for material storage and handling exist
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the work
2. Schedule 2 - Bill of Quantities: Itemized list of quantities and unit prices (even though total price is fixed)
3. Schedule 3 - Project Timeline: Detailed project schedule with milestones and completion dates
4. Schedule 4 - Site Plan and Drawings: Technical drawings and site layout plans
5. Schedule 5 - Quality Assurance Plan: Detailed quality control procedures and requirements
6. Schedule 6 - List of Approved Subcontractors: If applicable, list of pre-approved subcontractors
7. Schedule 7 - Form of Bank Guarantee: Template for required bank guarantees or performance bonds
8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and coverage requirements
9. Schedule 9 - Health and Safety Plan: Detailed health and safety procedures and requirements
10. Appendix A - Required Permits and Licenses: List of required regulatory approvals and permits
Relevant legal definitions
Clauses
Relevant Industries
Construction
Infrastructure
Real Estate Development
Manufacturing
Energy
Industrial
Commercial Development
Telecommunications
Healthcare
Education
Renewable Energy
Transportation
Retail
Hospitality
Relevant Teams
Legal
Commercial
Procurement
Finance
Operations
Project Management
Engineering
Risk Management
Quality Assurance
Health and Safety
Technical Services
Construction Management
Contract Administration
Business Development
Relevant Roles
Project Manager
Construction Manager
Contract Manager
Legal Counsel
Commercial Director
Chief Financial Officer
Project Engineer
Site Manager
Procurement Manager
Risk Manager
Technical Director
Operations Director
Quantity Surveyor
Cost Controller
Quality Assurance Manager
Health and Safety Manager
Architectural Manager
Construction Director
Business Development Manager
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