Build Own Transfer Agreement

Build Own Transfer Agreement Template for Singapore

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Key Requirements PROMPT example:

"I need a Build Own Transfer Agreement for a solar power plant project in Singapore, where my company will construct and operate the facility for 20 years before transferring it to the government in March 2025, with specific provisions for renewable energy technology transfer."

Document background

The Build Own Transfer Agreement is a crucial instrument in Singapore's infrastructure development landscape, commonly used for large-scale public infrastructure projects. This agreement structure enables governments to leverage private sector expertise and financing while maintaining long-term public ownership. The document comprehensively covers construction specifications, operational requirements, revenue mechanisms, and transfer conditions, all within Singapore's legal framework. It's particularly relevant when public authorities seek to develop infrastructure without immediate capital expenditure, while ensuring high-quality construction and operational standards.

Suggested Sections

1. Parties: Identification of all contracting parties, including full legal names and addresses

2. Background/Recitals: Context of the agreement, project overview, and key objectives

3. Definitions: Defined terms used throughout the agreement

4. Project Scope: Detailed description of the infrastructure project and specifications

5. Rights and Obligations: Core responsibilities of each party during build, own, and transfer phases

6. Construction Requirements: Construction standards, timelines, and milestones

7. Operation and Maintenance: Requirements during the ownership phase

8. Transfer Provisions: Conditions and process for transferring the asset

9. Financial Terms: Payment terms, revenue sharing, and financial obligations

10. Term and Termination: Duration of agreement and termination conditions

Optional Sections

1. Government Support: Details of government guarantees or support (include when project involves government backing)

2. Environmental Compliance: Environmental obligations and standards (include for projects with significant environmental impact)

3. Land Rights: Land acquisition and usage rights (include when project involves land acquisition)

4. Technology Transfer: Terms for technology or knowledge transfer (include when technical expertise transfer is required)

5. Local Content Requirements: Local participation and content obligations (include when local content requirements apply)

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and standards

2. Project Timeline: Detailed construction and implementation schedule

3. Performance Standards: Operating performance criteria and metrics

4. Financial Model: Project financial projections and assumptions

5. Transfer Protocol: Detailed procedures for asset transfer

6. Land Documents: Land titles, surveys, and related documentation

7. Required Permits: List of required permits and licenses

8. Insurance Requirements: Details of required insurance coverage

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Infrastructure
Energy
Transportation
Water and Waste Management
Healthcare
Education
Telecommunications
Ports and Airports
Industrial Facilities

Relevant Teams

Legal
Finance
Operations
Project Management
Construction
Risk Management
Business Development
Technical Services
Compliance
Government Relations

Relevant Roles

Project Director
Infrastructure Development Manager
Legal Counsel
Chief Financial Officer
Construction Manager
Operations Director
Contract Manager
Risk Manager
Investment Director
Technical Director

Industries

Building Control Act: Primary legislation governing building works and construction standards in Singapore

Building Maintenance and Strata Management Act: Regulates the maintenance of buildings and common property management

Planning Act: Controls land use and development in Singapore

Contract Law (Chapter 53): Primary legislation governing contractual relationships and obligations in Singapore

Companies Act: Regulates the formation and operation of companies in Singapore

Infrastructure Protection Act: Protects critical infrastructure and sensitive installations in Singapore

Fire Safety Act: Ensures fire safety standards in buildings and construction

Environmental Protection and Management Act: Governs environmental protection standards and requirements

Workplace Safety and Health Act: Ensures safety, health and welfare of persons at workplaces

Land Titles Act: Regulates the registration and transfer of land titles

State Lands Act: Governs the management and use of state lands

Land Acquisition Act: Regulates the acquisition of land for public purposes

Property Tax Act: Governs taxation of properties in Singapore

Securities and Futures Act: Regulates financial markets and public funding activities

Employment Act: Main legislation governing employment terms and conditions

Employment of Foreign Manpower Act: Regulates the employment of foreign workers in Singapore

Work Injury Compensation Act: Provides compensation framework for workplace injuries

Arbitration Act: Governs arbitration proceedings and enforcement of arbitral awards

Mediation Act: Promotes and facilitates resolution of disputes through mediation

Building and Construction Industry Security of Payment Act: Facilitates payments for construction work and related goods and services

Professional Engineers Act: Regulates the qualifications and conduct of professional engineers

Architects Act: Regulates the qualifications and conduct of architects

Environmental Public Health Act: Ensures public health standards in construction and development

Public Private Partnership Guidelines: Framework for collaboration between public and private sectors in infrastructure projects

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Authors

Alex Denne

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