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Building Construction Agreement Template for Denmark

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Building Construction Agreement

Document background
The Building Construction Agreement is a fundamental legal document used in Danish construction projects to establish a binding contractual relationship between a building owner/employer and a contractor. It is essential for any construction project in Denmark, from residential developments to commercial buildings, and must comply with Danish construction law, particularly AB 18 (General Conditions for Building and Construction Works). The agreement covers crucial aspects including scope of works, payment structures, timelines, quality standards, risk allocation, and dispute resolution mechanisms. It should be used whenever engaging a contractor for construction works in Denmark, ensuring all parties understand their obligations and rights while maintaining compliance with local building regulations, environmental requirements, and safety standards. The document typically includes various schedules and technical specifications that detail the practical aspects of the construction project.
Suggested Sections

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

2. Background: Context of the construction project, including the purpose and overview of the works to be performed

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Contract Documents: Hierarchy and list of documents forming part of the contract, including drawings, specifications, and AB 18 terms

6. Project Timeline: Commencement date, completion date, and key milestone dates

7. Contract Price and Payment: Fixed price or measurement basis, payment schedule, variations, and invoicing procedures

8. Contractor Obligations: Main responsibilities of the contractor, including quality standards, supervision, and coordination

9. Employer Obligations: Main responsibilities of the employer, including site access, permits, and information provision

10. Materials and Workmanship: Quality requirements for materials and execution of works

11. Changes and Variations: Procedures for handling changes to the scope of works and their impact on price and timeline

12. Testing and Completion: Inspection procedures, testing requirements, and completion certificates

13. Defects and Warranties: Defects liability period, warranty obligations, and remediation procedures

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

15. Force Majeure: Definition and consequences of force majeure events

16. Termination: Grounds and procedures for contract termination by either party

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

18. Governing Law: Confirmation of Danish law as governing law and jurisdiction

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees, used for larger projects

2. Environmental Requirements: Specific environmental obligations beyond standard requirements, used for environmentally sensitive projects

3. Health and Safety: Additional health and safety requirements beyond statutory obligations, used for high-risk projects

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

5. Subcontractors: Specific provisions regarding subcontractors, used when subcontracting is anticipated

6. Liquidated Damages: Pre-agreed damages for delay or performance failures, used for time-critical projects

7. Site Conditions: Specific provisions about site conditions and surveys, used for complex site situations

8. Quality Assurance: Additional quality control requirements, used for projects with special quality needs

Suggested Schedules

1. Schedule 1 - Technical Specifications: Detailed technical specifications for the construction works

2. Schedule 2 - Drawings: Complete set of construction drawings and plans

3. Schedule 3 - Price Schedule: Detailed breakdown of the contract price and bill of quantities

4. Schedule 4 - Project Timeline: Detailed project program showing all key dates and milestones

5. Schedule 5 - Quality Assurance Plan: Detailed quality control procedures and requirements

6. Schedule 6 - Site Information: Site surveys, ground conditions, and existing structures information

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and certificates

8. Schedule 8 - Forms and Certificates: Template forms for applications, certificates, and notices

9. Schedule 9 - Key Personnel: List of key personnel from both parties with roles and responsibilities

10. Schedule 10 - Environmental Management Plan: Environmental protection measures and monitoring procedures

Authors

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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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