The Construction Contract Termination Agreement is a crucial document used when parties mutually agree to end their construction contract relationship or when termination occurs under specific circumstances defined in the original contract. This agreement, governed by Dutch law and particularly the provisions of the Burgerlijk Wetboek, serves to document the terms of separation, address outstanding works, settle financial matters, and establish ongoing obligations. It's particularly relevant in situations where construction projects need to be terminated before completion, require handover to a different contractor, or when there's a mutual decision to cease works. The document includes detailed provisions for site handover, payment settlements, liability arrangements, and management of warranties, while ensuring compliance with Dutch construction regulations and industry standards.
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1. Parties: Identification of all contracting parties, including full legal names and addresses
2. Background: Details of the original construction contract, project description, and reasons for termination
3. Definitions: Definitions of key terms used throughout the agreement, including reference to original contract definitions
4. Termination: Clear statement of termination, effective date, and mutual agreement to terminate
5. Status of Works: Description of the current state of construction works and completion status
6. Handover of Site and Materials: Provisions for site handover, including timeline and process for materials and equipment removal
7. Financial Settlement: Settlement of all outstanding payments, including final account, retention monies, and any claims
8. Release and Waiver: Mutual release of claims and obligations, except as specifically preserved in the agreement
9. Confidentiality: Obligations regarding confidential information and project details
10. Surviving Provisions: Identification of which provisions from the original contract remain in effect
11. Governing Law and Jurisdiction: Confirmation of Dutch law application and jurisdiction for disputes
1. Ongoing Warranties: Include when there are warranties for completed works that need to survive termination
2. Third Party Rights: Include when there are subcontractors, suppliers, or other third parties whose rights need to be addressed
3. Insurance Provisions: Include when specific insurance arrangements need to be maintained or modified post-termination
4. Intellectual Property Rights: Include when there are designs, plans, or other IP rights that need to be transferred or licensed
5. Defects Liability: Include when there are ongoing obligations for defects in completed works
6. Environmental Obligations: Include when there are environmental compliance or cleanup obligations to address
7. Bank Guarantees: Include when there are outstanding bank guarantees or performance bonds to be released
1. Schedule 1 - Status of Works: Detailed inventory of completed and incomplete works
2. Schedule 2 - Financial Statement: Detailed breakdown of final account, including all payments made and outstanding
3. Schedule 3 - Outstanding Claims: List of all claims and their agreed settlement amounts
4. Schedule 4 - Site Inventory: Inventory of materials, equipment, and other assets on site and their agreed disposition
5. Schedule 5 - Handover Documentation: List of all documents, certificates, and warranties to be handed over
6. Appendix A - Site Photographs: Photographic evidence of site condition at termination
7. Appendix B - As-Built Drawings: Current drawings showing the state of construction at termination
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Public Works
Engineering
Architecture
Project Development
Relevant Teams
Legal
Construction
Commercial
Finance
Operations
Risk Management
Procurement
Project Management
Contract Administration
Executive Leadership
Relevant Roles
Construction Project Manager
Contract Manager
Legal Counsel
Construction Director
Site Manager
Quantity Surveyor
Chief Executive Officer
Commercial Director
Financial Controller
Risk Manager
Procurement Manager
Technical Director
Operations Manager
Claims Manager
Project Director
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