The Construction Service Contract is a fundamental legal document used in the United Arab Emirates for establishing contractual relationships between construction service providers and project owners/developers. This agreement is essential for any construction project in the UAE, whether commercial, residential, or infrastructure development. The contract must comply with UAE Federal Laws, particularly the UAE Civil Code (Federal Law No. 5 of 1985) and relevant Emirates' local regulations. It typically includes detailed specifications of construction works, payment mechanisms, project timelines, quality standards, and risk allocation provisions. The document is crucial for protecting parties' interests while ensuring project delivery meets local regulatory requirements and industry standards. Special consideration is given to UAE-specific requirements such as local content rules, municipality approvals, and Islamic finance principles where applicable.
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1. Parties: Identification and details of the contracting parties (Employer and Contractor)
2. Background: Context of the agreement and brief project overview
3. Definitions: Defined terms used throughout the contract
4. Scope of Works: Detailed description of construction services to be performed
5. Contract Price and Payment Terms: Payment amount, schedule, milestones, and payment mechanisms
6. Project Timeline: Commencement date, completion date, and key milestones
7. Contractor Obligations: Key responsibilities including workmanship, materials, and compliance with laws
8. Employer Obligations: Key responsibilities including site access, permits, and approvals
9. Quality Standards: Required quality levels and applicable standards
10. Health and Safety Requirements: Safety protocols and compliance with UAE safety regulations
11. Variations: Process for handling changes to scope or specifications
12. Delays and Extensions of Time: Provisions for dealing with delays and time extensions
13. Testing and Completion: Inspection, testing, and completion procedures
14. Defects Liability: Defects period and remediation obligations
15. Insurance and Indemnities: Required insurance coverage and indemnification provisions
16. Force Majeure: Provisions for unforeseen circumstances and their handling
17. Termination: Grounds and procedures for contract termination
18. Dispute Resolution: Process for resolving disputes including UAE jurisdiction provisions
19. Governing Law: Specification of UAE law as governing law
20. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Performance Security: Requirements for performance bonds or guarantees, used for high-value projects
2. Advance Payment: Terms for advance payments, included when contractor requires initial funding
3. Subcontracting: Rules for subcontracting, included when subcontractors are expected to be used
4. Environmental Compliance: Specific environmental requirements, included for projects with significant environmental impact
5. Local Content Requirements: UAE national content requirements, included for government or semi-government projects
6. Intellectual Property Rights: IP provisions, included when design or innovative methods are involved
7. Confidentiality: Confidentiality obligations, included for sensitive projects
8. Site Security: Security requirements, included for high-security or sensitive locations
9. Technology and Systems: IT and systems requirements, included for projects with significant technological components
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Project Timeline: Detailed program of works and milestone dates
3. Schedule 3 - Price Schedule: Detailed breakdown of prices, rates, and payment milestones
4. Schedule 4 - Site Information: Site details, access points, and existing conditions
5. Schedule 5 - Key Personnel: List of key personnel and their responsibilities
6. Schedule 6 - Required Insurances: Detailed insurance requirements and coverage levels
7. Schedule 7 - Forms and Procedures: Standard forms for variations, completion certificates, etc.
8. Schedule 8 - Quality Assurance Plan: Detailed quality management procedures
9. Schedule 9 - HSE Requirements: Detailed health, safety, and environmental requirements
10. Appendix A - Technical Specifications: Detailed technical requirements and standards
11. Appendix B - Drawings: Construction drawings and design documents
12. Appendix C - Permits and Licenses: Copies of relevant permits and licenses
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