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Agreement And Conditions Of Contract For Building Works Template for Netherlands

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Key Requirements PROMPT example:

Agreement And Conditions Of Contract For Building Works

"I need an Agreement And Conditions Of Contract For Building Works for a sustainable commercial office development in Amsterdam, incorporating BREEAM certification requirements and BIM modeling obligations, with construction planned to commence in March 2025."

Document background
The Agreement And Conditions Of Contract For Building Works is a fundamental document used in the Dutch construction industry for establishing the contractual relationship between employers and contractors. This document is essential when undertaking any significant construction project in the Netherlands, whether commercial, residential, or industrial. It incorporates provisions from the Dutch Civil Code, UAV 2012, and relevant building regulations, while addressing crucial aspects such as project scope, payment structures, completion requirements, and quality standards. The agreement is particularly important as it provides a comprehensive framework that protects both parties' interests while ensuring compliance with Dutch construction law and industry standards. It's typically used for projects requiring detailed contractual arrangements and clear allocation of responsibilities, risks, and obligations between the involved parties.
Suggested Sections

1. Parties: Identification and details of the Employer and the Contractor, including registered addresses and representatives

2. Background: Context of the agreement, including project overview and basis for contracting

3. Definitions: Defined terms used throughout the contract, including specific Dutch legal and construction terminology

4. Scope of Works: Detailed description of the works to be performed, including reference to specifications and drawings

5. Contract Price and Payment: Amount payable, payment schedule, VAT arrangements, and invoicing requirements

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

7. Contractor Obligations: Key responsibilities including workmanship, materials, compliance with laws and regulations

8. Employer Obligations: Responsibilities including site access, permits, and information provision

9. Design Responsibilities: Allocation of design responsibilities between parties

10. Variations: Procedures for handling changes to the works

11. Quality and Inspection: Quality standards, testing requirements, and inspection procedures

12. Defects Liability: Defects notification period and remediation procedures

13. Insurance and Liability: Required insurance coverage and liability limitations

14. Force Majeure: Definition and consequences of force majeure events

15. Termination: Grounds and procedures for contract termination

16. Dispute Resolution: Procedures for resolving disputes, including applicable Dutch arbitration provisions

17. Governing Law: Confirmation of Dutch law as governing law and jurisdiction

Optional Sections

1. Sustainable Building Requirements: Required when project includes specific sustainability or environmental certifications

2. Building Information Modeling (BIM): Include when BIM is being used in the project

3. Subcontracting: Required when subcontracting is permitted and needs specific regulation

4. Performance Security: Include when bank guarantees or performance bonds are required

5. Price Adjustment: Required for longer projects where price escalation provisions are needed

6. Archaeological Findings: Include for projects in historically sensitive areas

7. Intellectual Property Rights: Required when design or innovative construction methods are involved

8. Provisional Sums: Include when certain works cannot be precisely defined at contract formation

Suggested Schedules

1. Schedule 1 - Works Specification: Detailed technical specifications of the works

2. Schedule 2 - Drawings: List and copies of all relevant drawings

3. Schedule 3 - Program of Works: Detailed construction schedule and milestones

4. Schedule 4 - Price Breakdown: Detailed breakdown of the contract price

5. Schedule 5 - Key Personnel: List of key personnel from both parties

6. Schedule 6 - Forms of Certificates: Templates for various certificates including completion certificates

7. Schedule 7 - Site Information: Details about the construction site including surveys and existing conditions

8. Schedule 8 - Permits and Licenses: List of required permits and responsible parties

9. Appendix A - Insurance Requirements: Detailed insurance requirements and coverage levels

10. Appendix B - Quality Assurance Plan: Detailed quality control and assurance procedures

11. Appendix C - Health and Safety Plan: Safety requirements and procedures complying with Dutch regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions























































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Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Public Sector Construction

Healthcare Construction

Educational Facilities

Retail Development

Hospitality Construction

Sustainable Building

Relevant Teams

Legal

Construction

Commercial

Procurement

Operations

Finance

Risk Management

Quality Control

Health and Safety

Technical Services

Project Management

Business Development

Compliance

Design

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Commercial Director

Chief Executive Officer

Operations Manager

Procurement Manager

Site Manager

Quality Control Manager

Risk Manager

Technical Director

Development Manager

Cost Manager

Finance Director

Compliance Officer

Health and Safety Manager

Design Manager

Industries








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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