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Build Agreement Template for Denmark

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Build Agreement

I need a Build Agreement under Danish law for a commercial office development project in Copenhagen, with a contract value of €50 million and completion date in March 2025, including specific provisions for sustainable construction methods and DGNB certification requirements.

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What is a Build Agreement?

The Build Agreement is a fundamental contract type used in Danish construction projects to establish the legal relationship between the employer (bygherre) and the contractor (entreprenør). This agreement is particularly relevant when undertaking new construction, renovation, or infrastructure projects in Denmark. It incorporates the standardized AB 18 conditions while allowing for project-specific modifications. The document covers essential elements including works description, pricing, timeline, quality requirements, risk allocation, and compliance with Danish construction regulations. It's designed to align with Danish construction law and practice, providing a comprehensive framework for project execution while protecting the interests of all parties involved. The Build Agreement is typically used for projects ranging from commercial and residential developments to public infrastructure works.

What sections should be included in a Build Agreement?

1. Parties: Identification of the employer/client and the contractor, including registration numbers and addresses

2. Background: Context of the construction project, including project overview and tender process reference

3. Definitions: Key terms used throughout the agreement, including technical and legal definitions

4. Scope of Works: Detailed description of the construction works to be performed, including specifications and standards

5. Contract Documents: Hierarchy and list of documents forming part of the agreement, including drawings and specifications

6. Time for Completion: Project timeline, key milestones, and completion dates

7. Contract Price and Payment: Price, payment schedule, variations, and indexation provisions

8. Contractor Obligations: Key responsibilities including quality, safety, and compliance requirements

9. Employer Obligations: Client responsibilities including access, permits, and information provision

10. Quality Assurance: Quality control procedures, inspections, and acceptance criteria

11. Changes and Variations: Process for handling changes to scope, price, or timeline

12. Testing and Commissioning: Requirements for testing works and systems before handover

13. Completion and Handover: Process for completion, testing, and acceptance of the works

14. Defects Liability: Warranty period and defect rectification obligations

15. Insurance and Liability: Required insurance coverage and liability allocation

16. Force Majeure: Provisions for unforeseen circumstances and their handling

17. Termination: Grounds and procedures for contract termination

18. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration

19. Governing Law: Confirmation of Danish law application and jurisdiction

What sections are optional to include in a Build Agreement?

1. Environmental Requirements: Additional environmental obligations beyond standard requirements, used for projects with specific environmental impacts

2. Site Conditions: Specific provisions regarding site conditions and ground risks, used when site has known complexities

3. Intellectual Property: IP rights provisions, used when design or innovative methods are involved

4. Bonds and Guarantees: Requirements for performance bonds or parent company guarantees, used for larger projects

5. Subcontracting: Specific provisions for subcontractor engagement and management, used when subcontracting is expected

6. Building Information Modeling (BIM): BIM requirements and protocols, used when BIM is part of the project

7. Confidentiality: Specific confidentiality obligations, used for sensitive projects

8. Social Responsibility: Requirements for social clauses, apprenticeships etc., used for public projects

What schedules should be included in a Build Agreement?

1. Schedule 1 - Works Description: Detailed technical specifications and scope of works

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

3. Schedule 3 - Price Schedule: Detailed breakdown of contract price and payment milestones

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

5. Schedule 5 - Design Documents: Drawings, plans, and design specifications

6. Schedule 6 - Key Personnel: List of key personnel from both parties and their roles

7. Schedule 7 - Required Insurances: Detailed insurance requirements and coverage levels

8. Schedule 8 - Forms of Certificates: Templates for completion certificates and other formal documents

9. Schedule 9 - Quality Management Plan: Detailed quality assurance and control procedures

10. Appendix A - Special Conditions: Any amendments to AB 18 conditions

11. Appendix B - Technical Requirements: Specific technical standards and requirements

12. Appendix C - Health and Safety Requirements: Detailed HSE requirements and procedures

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

Relevant legal definitions






















































Clauses







































Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Industrial Development

Residential Development

Healthcare Facilities

Education Facilities

Retail Development

Hospitality

Public Sector

Energy Infrastructure

Transportation

Manufacturing

Relevant Teams

Legal

Construction

Commercial

Procurement

Operations

Risk Management

Quality Assurance

Technical Services

Project Management

Business Development

Compliance

Health Safety Environment

Finance

Contract Administration

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Commercial Director

Technical Director

Chief Engineer

Procurement Manager

Risk Manager

Quality Assurance Manager

Site Manager

Construction Lawyer

Cost Controller

Project Engineer

Business Development Manager

Operations Director

Compliance Officer

HSE Manager

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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