The Contract With Builder is a essential legal document used in Malta for establishing formal agreements between property owners and construction contractors. It is particularly relevant for both residential and commercial construction projects, incorporating specific requirements from Maltese building regulations, planning laws, and civil code provisions. This document type is crucial when engaging a builder for new construction, renovation, or modification works, as it provides comprehensive coverage of project specifications, payment terms, timelines, and quality standards. The contract ensures compliance with local construction industry requirements while offering protection to both parties through clear definition of rights, obligations, and remedies under Maltese law. It's designed to accommodate various scales of construction projects while maintaining consistency with Malta's legal framework for construction and development.
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1. Parties: Identification and details of the property owner and the builder/contractor
2. Background: Context of the construction project and the parties' intention to enter into the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Works: Detailed description of the construction work to be performed
5. Contract Price and Payment Terms: Total contract value, payment schedule, and mechanisms for variations
6. Timeline and Completion: Project schedule, completion dates, and provisions for delays
7. Builder's Obligations: Key responsibilities of the builder including quality standards and compliance requirements
8. Client's Obligations: Responsibilities of the property owner including access and approvals
9. Materials and Workmanship: Standards for materials and work quality, including compliance with Maltese building regulations
10. Variations: Process for managing changes to the scope of work
11. Insurance and Liability: Insurance requirements and allocation of risks
12. Warranties and Defects: Warranty periods and process for addressing defects
13. Termination: Grounds and process for contract termination
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard legal clauses including governing law, notices, and assignment
1. Subcontracting: Include when the builder may need to engage subcontractors, defining approval processes and responsibilities
2. Environmental Requirements: Include for projects with specific environmental considerations or requirements
3. Heritage Considerations: Include when working on historically significant buildings or in conservation areas
4. Site Safety and Access: Include for complex sites or where specific safety protocols are needed
5. Utilities and Services: Include when the work involves significant interaction with or modification of utilities
6. Temporary Works: Include when significant temporary structures or works are required
7. Performance Bond: Include when a performance bond or guarantee is required
8. Liquidated Damages: Include when specific compensation for delays needs to be predetermined
1. Schedule 1 - Scope of Works: Detailed specifications, drawings, and technical requirements
2. Schedule 2 - Payment Schedule: Detailed breakdown of payment stages and amounts
3. Schedule 3 - Project Timeline: Detailed project schedule including milestones and critical dates
4. Schedule 4 - Materials Specifications: Detailed list of approved materials and quality standards
5. Schedule 5 - Planning Permits and Approvals: Copies of relevant permits and planning approvals
6. Appendix A - Site Plan: Drawings and plans of the construction site
7. Appendix B - Insurance Certificates: Copies of required insurance policies
8. Appendix C - Building Warranties: Details of warranties provided for various aspects of the work
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Property Development
Architecture
Engineering
Home Improvement
Commercial Property
Residential Property
Infrastructure Development
Urban Development
Relevant Teams
Legal
Construction
Property Development
Project Management
Procurement
Risk and Compliance
Technical Services
Operations
Contract Administration
Quality Assurance
Relevant Roles
Construction Manager
Project Manager
Property Developer
Architect
Civil Engineer
Quantity Surveyor
Contract Administrator
Legal Counsel
Property Owner
Building Contractor
Site Manager
Compliance Officer
Risk Manager
Procurement Manager
Development Director
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