The Sale And Construction Agreement is a specialized legal instrument used in the UAE real estate and construction sector when a property transaction involves both the sale of land or property and the construction of buildings or facilities. This document is particularly relevant for off-plan property sales, design-build projects, and development contracts where the seller also takes on construction responsibilities. The agreement must comply with UAE federal laws, including the Civil Code and Property Law, as well as specific emirate-level construction regulations and municipality requirements. It typically includes detailed provisions for property transfer, construction specifications, payment structures, completion timelines, quality standards, and warranty obligations. This type of agreement is commonly used in development projects ranging from residential compounds to commercial complexes and is specifically tailored to address the unique legal and regulatory requirements of the UAE construction industry.
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1. Parties: Identification of the seller/contractor and buyer/employer with full legal details
2. Background: Context of the agreement including property details and construction scope
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Sale Provisions: Terms related to the sale of property/land including price, payment terms, and transfer of title
5. Construction Scope: Detailed description of construction works to be performed
6. Contract Price and Payment: Total contract value, payment schedule, and payment mechanisms
7. Timeline and Completion: Construction schedule, milestone dates, and completion requirements
8. Contractor Obligations: Key responsibilities and obligations of the contractor
9. Employer Obligations: Key responsibilities and obligations of the employer
10. Quality and Standards: Required quality standards, materials specifications, and workmanship requirements
11. Testing and Inspection: Procedures for testing, inspection, and quality control
12. Variations: Process for handling changes to scope or specifications
13. Warranties and Defects: Warranty periods, defects liability, and remediation process
14. Risk and Insurance: Risk allocation and required insurance coverage
15. Force Majeure: Events constituting force majeure and consequences
16. Termination: Grounds for termination and consequences
17. Governing Law and Dispute Resolution: Applicable law and dispute resolution mechanisms
18. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Off-Plan Sales Provisions: Additional provisions required for off-plan sales including escrow arrangements
2. Phasing: Provisions for phased construction and delivery when project is delivered in stages
3. Financing Arrangements: Terms related to project financing and payment security
4. Environmental Compliance: Specific environmental requirements and compliance measures
5. Design Obligations: Where contractor has design responsibilities
6. Intellectual Property: IP rights in design and construction documents
7. Site Security: Specific requirements for site security and access control
8. Utilities and Infrastructure: Provisions for connection to utilities and infrastructure
9. Community Guidelines: Compliance with master community rules if part of a larger development
1. Property Details: Detailed description of property including title details and plans
2. Construction Specifications: Detailed technical specifications for construction works
3. Payment Schedule: Detailed breakdown of payments and milestone links
4. Construction Program: Detailed construction timeline and milestone dates
5. Quality Assurance Plan: Detailed quality control procedures and requirements
6. Forms of Certificates: Template certificates for completion, payment, etc.
7. Performance Specifications: Required performance standards for systems and equipment
8. Site Plans and Drawings: Architectural and engineering drawings
9. Bills of Quantities: Detailed quantitative breakdown of works
10. Forms of Bonds and Guarantees: Templates for required bonds and guarantees
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Infrastructure
Residential Development
Commercial Development
Industrial Development
Hospitality
Retail
Mixed-use Development
Relevant Teams
Legal
Real Estate
Construction
Project Management
Commercial
Finance
Operations
Technical
Procurement
Quality Control
Risk Management
Compliance
Business Development
Relevant Roles
CEO
Managing Director
Development Director
Construction Manager
Project Manager
Contract Manager
Legal Counsel
Property Manager
Real Estate Director
Construction Director
Technical Director
Commercial Director
Finance Director
Risk Manager
Compliance Officer
Operations Manager
Site Manager
Procurement Manager
Quality Control Manager
Business Development Manager
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