The Construction Non Disclosure Agreement is essential for protecting proprietary information in Indonesian construction projects. It should be used when parties need to share sensitive information such as construction methodologies, technical specifications, pricing structures, or innovative building techniques. The document complies with Indonesian law, particularly the Civil Code (Kitab Undang-undang Hukum Perdata) and Construction Services Law (UU No. 2 Tahun 2017), while addressing specific requirements of the construction industry. It's particularly relevant for complex projects involving multiple stakeholders, proprietary construction methods, or competitive bidding processes where confidentiality is crucial for maintaining commercial advantage.
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1. Parties: Identification of the disclosing party (typically the construction company) and receiving party (contractors, subcontractors, consultants, etc.)
2. Background: Context of the agreement, nature of the construction project, and reason for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Construction Project', 'Project Documentation', 'Technical Specifications', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the construction context, including technical drawings, specifications, pricing, methods, and proprietary construction techniques
5. Obligations of Receiving Party: Duties to maintain confidentiality, permitted uses of information, security measures, and handling of project documentation
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, subcontractors, or regulatory authorities
7. Term and Survival: Duration of confidentiality obligations and survival of obligations after agreement termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after project completion or termination
9. Breach and Remedies: Consequences of breach, including legal remedies and indemnification provisions
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Digital Security Measures: Specific requirements for protecting electronic data and digital construction documentation, used when project involves significant digital assets
2. Intellectual Property Rights: Specific provisions about IP rights in construction innovations or methods, included when unique or proprietary construction methods are involved
3. Third Party Disclosure: Provisions for sharing information with government authorities or regulatory bodies, included for projects requiring regulatory oversight
4. Site Access and Security: Provisions regarding physical security and access to construction sites where confidential information may be visible or accessible
5. International Transfer of Information: Provisions for cross-border sharing of information, included when project involves international parties
6. Force Majeure: Provisions for handling confidential information during unexpected events or disasters, particularly relevant for long-term construction projects
1. Schedule A - Specified Confidential Information: Detailed list of specific documents, drawings, specifications, and other information deemed confidential
2. Schedule B - Authorized Personnel: List of individuals authorized to access confidential information, including their roles and level of access
3. Schedule C - Project Scope: Description of the specific construction project(s) covered by the NDA
4. Schedule D - Security Protocols: Detailed security measures and procedures for handling confidential information
5. Schedule E - Approved Subcontractors: List of approved subcontractors who may receive confidential information and their specific obligations
6. Appendix 1 - Form of Confidentiality Undertaking: Template for additional parties who may need to sign confidentiality undertakings
Relevant legal definitions
Clauses
Relevant Industries
Construction
Infrastructure Development
Real Estate Development
Civil Engineering
Industrial Construction
Commercial Construction
Residential Construction
Mining Construction
Energy Infrastructure
Transportation Infrastructure
Public Works
Architectural Services
Engineering Services
Relevant Teams
Legal
Operations
Project Management
Engineering
Architecture
Procurement
Commercial
Technical Services
Quality Assurance
Health and Safety
Design
Construction Management
Contract Administration
Risk Management
Business Development
Relevant Roles
Project Manager
Construction Manager
Site Engineer
Architectural Designer
Structural Engineer
Procurement Manager
Contract Administrator
Technical Director
Chief Engineer
Construction Supervisor
Quality Control Manager
Safety Manager
Cost Estimator
Building Services Engineer
Commercial Manager
Operations Director
Project Coordinator
Construction Planner
Design Manager
BIM Coordinator
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