The Basic Building Contract serves as a fundamental legal instrument for construction projects in Malta, providing a comprehensive framework for building works while ensuring compliance with Maltese construction laws and regulations. This contract type is particularly suitable for straightforward construction projects where the design is complete before construction begins and the works can be accurately described in the contract documents. It includes essential provisions required by Maltese law, such as those mandated by the Building Regulation Act and the Civil Code, while incorporating specific clauses addressing local construction practices and requirements. The document is structured to protect both the employer's and contractor's interests, providing clear guidelines on payment terms, work quality standards, and dispute resolution mechanisms.
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1. Parties: Identification of the Employer and the Contractor, including full legal names, registration numbers, and addresses
2. Background: Brief context of the construction project and the purpose of the agreement
3. Definitions: Key terms used throughout the contract and their specific meanings
4. Scope of Works: Detailed description of the construction works to be carried out
5. Contract Sum and Payment Terms: Agreed price, payment schedule, and mechanisms for handling variations
6. Project Timeline: Commencement date, completion date, and key milestones
7. Contractor Obligations: Core responsibilities of the contractor including quality standards, materials, and workmanship
8. Employer Obligations: Core responsibilities of the employer including site access and information provision
9. Variations: Process for handling changes to the scope of works and their cost implications
10. Health and Safety: Safety requirements and responsibilities on site
11. Insurance and Liability: Required insurance coverage and allocation of risks
12. Termination: Circumstances and procedures for contract termination
13. Dispute Resolution: Procedures for handling disagreements and conflicts
14. General Provisions: Standard contractual clauses including notices, governing law, and entire agreement
1. Performance Security: Required when the project value exceeds certain thresholds or when additional financial security is needed
2. Environmental Requirements: Include when the project has specific environmental impacts or requirements
3. Quality Control Procedures: Detailed quality management procedures for larger or more complex projects
4. Subcontracting: Include when subcontracting is anticipated or needs to be regulated
5. Archaeological Findings: Required for projects in historically sensitive areas of Malta
6. Retention: Include when a retention amount is to be held from payments
7. Liquidated Damages: Include when specific compensation for delays needs to be pre-agreed
8. Force Majeure: Detailed provisions for unforeseen circumstances, particularly relevant for longer-term projects
1. Schedule 1 - Contract Drawings: Detailed technical drawings and specifications of the works
2. Schedule 2 - Bill of Quantities: Itemized list of materials, quantities, and costs
3. Schedule 3 - Payment Schedule: Detailed breakdown of payment stages and amounts
4. Schedule 4 - Project Timeline: Detailed project program including all key dates and milestones
5. Schedule 5 - Site Information: Details about the construction site, access points, and existing conditions
6. Schedule 6 - Required Insurance: Specific insurance requirements and minimum coverage amounts
7. Appendix A - Planning Permits: Copies of relevant building permits and planning permissions
8. Appendix B - Health and Safety Plan: Detailed health and safety procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Architecture
Engineering
Property Management
Infrastructure Development
Residential Construction
Commercial Construction
Industrial Construction
Urban Development
Relevant Teams
Legal
Construction
Project Management
Commercial
Procurement
Technical Services
Risk & Compliance
Property Development
Operations
Contract Administration
Relevant Roles
Construction Manager
Project Director
Contracts Manager
Site Supervisor
Quantity Surveyor
Architect
Civil Engineer
Legal Counsel
Procurement Manager
Property Developer
Risk Manager
Commercial Director
Technical Director
Building Inspector
Cost Controller
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