The Contract Between Owner And Contractor is a fundamental document in construction projects under Maltese jurisdiction, essential for establishing a clear legal framework between property owners and building contractors. This agreement is typically used when undertaking new construction, renovation, or development projects in Malta, whether residential, commercial, or industrial. The document incorporates requirements from the Maltese Building Regulation Act, Civil Code, and relevant construction regulations, while addressing project-specific needs such as scope of work, payment structures, timelines, and quality standards. It serves as the primary reference point for project execution, dispute resolution, and compliance with local building regulations, making it crucial for risk management and project success.
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1. Parties: Identification and details of the Owner and Contractor, including their registered addresses and representatives
2. Background: Context of the agreement, including brief description of the project and property details
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Work: Detailed description of the construction work to be performed by the Contractor
5. Contract Price and Payment Terms: Total contract value, payment schedule, and conditions for payments
6. Timeline and Completion: Project schedule, completion dates, and milestones
7. Contractor's Obligations: Detailed responsibilities of the Contractor including quality standards, materials, and workmanship
8. Owner's Obligations: Responsibilities of the Owner including site access, permits, and approvals
9. Variations and Changes: Process for handling changes to the scope of work and associated cost implications
10. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
11. Health and Safety: Safety requirements and responsibilities in accordance with Maltese regulations
12. Insurance and Indemnity: Required insurance coverage and indemnification obligations
13. Defects Liability: Warranty period and procedures for addressing defects
14. Termination: Grounds and procedures for contract termination by either party
15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration
16. General Provisions: Standard legal provisions including notices, governing law, and entire agreement
1. Environmental Requirements: Specific environmental obligations and compliance requirements, included for projects with significant environmental impact
2. Subcontracting: Terms and conditions for subcontracting work, included when subcontractors will be used
3. Materials Supply: Specific provisions for material procurement and supply, included when the Owner supplies materials
4. Liquidated Damages: Predetermined damages for delay or non-performance, included for time-critical projects
5. Performance Bond: Requirements for performance security, included for larger projects or when required by financing
6. Retention: Terms for holding back payments as security, included for larger projects
7. Force Majeure: Provisions for unforeseen circumstances, included for longer-term projects
8. Site Security: Specific security requirements, included for sensitive or high-risk locations
9. Utilities and Services: Provisions for handling utilities during construction, included for complex site conditions
1. Schedule A - Drawings and Specifications: Detailed technical drawings and specifications for the construction work
2. Schedule B - Bill of Quantities: Itemized list of quantities and prices for all work elements
3. Schedule C - Project Timeline: Detailed project schedule with milestones and completion dates
4. Schedule D - Payment Schedule: Detailed breakdown of payment stages and amounts
5. Schedule E - Site Information: Site details, access points, and existing conditions
6. Schedule F - Quality Assurance Plan: Detailed quality control procedures and requirements
7. Schedule G - Health and Safety Plan: Specific health and safety procedures and requirements
8. Schedule H - Required Insurances: Detailed insurance requirements and coverage levels
9. Appendix 1 - Forms and Certificates: Standard forms for variations, completion certificates, and other project documents
10. Appendix 2 - Key Personnel: List of key personnel from both parties with roles and contact information
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Property Development
Infrastructure
Commercial Building
Residential Development
Industrial Construction
Hospitality Construction
Retail Development
Urban Development
Relevant Teams
Legal
Construction
Project Management
Procurement
Finance
Operations
Risk & Compliance
Technical Services
Property Development
Contract Administration
Relevant Roles
Construction Manager
Project Director
Property Developer
Contract Administrator
Legal Counsel
Quantity Surveyor
Site Manager
Procurement Manager
Risk Manager
Compliance Officer
Finance Director
Operations Manager
Technical Director
Development Manager
Chief Operating Officer
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