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Contract Agreement Between Owner And Contractor Template for Denmark

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Contract Agreement Between Owner And Contractor

Document background
The Contract Agreement Between Owner And Contractor is a fundamental legal document used in Danish construction projects to establish and regulate the contractual relationship between property owners and construction contractors. This agreement is particularly relevant when undertaking any significant construction, renovation, or development project in Denmark where direct contractual relationships between owners and contractors need to be established. The document incorporates provisions from AB 18 and other relevant Danish construction laws, ensuring compliance with local regulatory requirements while protecting both parties' interests. It covers crucial aspects such as scope of work, payment terms, project timeline, quality requirements, risk allocation, and dispute resolution procedures. The agreement is designed to be comprehensive yet adaptable to various project sizes and types, from residential developments to commercial construction, while maintaining alignment with Danish construction industry practices and legal standards.
Suggested Sections

1. Parties: Identification and details of the Owner (Bygherre) and Contractor (Entreprenør), including business registration numbers (CVR)

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

3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terminology

4. Scope of Work: Detailed description of the construction work to be performed, including specifications and requirements

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

6. Contract Sum and Payment Terms: Price, payment schedule, variations, and invoicing requirements

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

8. Contractor's Obligations: General and specific obligations, including quality standards, workforce, and materials

9. Owner's Obligations: Access to site, permits, approvals, and other owner responsibilities

10. Site Conditions and Safety: Site management, safety requirements, and environmental considerations

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

12. Changes and Variations: Procedures for handling changes to scope, price, or timeline

13. Defects and Warranties: Warranty periods, defects liability, and remediation procedures

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

15. Force Majeure: Events beyond parties' control and their consequences

16. Termination: Grounds and procedures for contract termination

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 bank guarantees or performance bonds, if required for larger projects

2. Intellectual Property Rights: IP provisions if design services or innovative solutions are part of the scope

3. Confidentiality: Confidentiality obligations if sensitive information is involved

4. Environmental Requirements: Specific environmental obligations beyond standard requirements

5. Commissioning and Testing: Detailed testing and commissioning procedures for complex technical installations

6. Liquidated Damages: Pre-agreed damages for delay or performance failures

7. Step-in Rights: Owner's right to take over work in specific circumstances

8. Financing Arrangements: Specific provisions related to project financing if relevant

Suggested Schedules

1. Schedule 1 - Scope of Work: Detailed technical specifications and requirements

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

3. Schedule 3 - Price Schedule: Detailed breakdown of contract sum and payment schedule

4. Schedule 4 - Key Personnel: List of key personnel from both parties

5. Schedule 5 - Technical Drawings: All relevant technical drawings and plans

6. Schedule 6 - Site Information: Site details, access points, and existing conditions

7. Schedule 7 - Quality Management Plan: Detailed quality assurance and control procedures

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

9. Appendix A - Forms and Templates: Standard forms for variations, payments, and certificates

10. Appendix B - Insurance Requirements: Detailed insurance specifications and certificates

Authors

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Relevant Industries
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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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