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Construction Agreement Template for Belgium

A comprehensive construction agreement governed by Belgian law, designed to establish the legal framework for construction projects in Belgium. This agreement incorporates requirements from the Belgian Civil Code, construction safety regulations, and environmental laws. It details the rights and obligations of the contracting parties, including scope of works, payment terms, quality standards, and compliance requirements specific to Belgian construction regulations. The document includes provisions for safety coordination, technical control, and environmental compliance as required under Belgian law.

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What is a Construction Agreement?

This Construction Agreement template is designed for use in Belgium when engaging contractors for construction projects of any scale. It complies with Belgian Civil Code requirements and construction regulations, including mandatory safety coordination and technical control provisions. The agreement is suitable for both private and public construction projects, covering essential elements such as scope definition, payment terms, quality requirements, and risk allocation. It includes specific Belgian law requirements for construction contracts, such as mandatory insurance provisions, decennial liability, and safety coordinator appointment. The document can be customized based on project size and complexity while maintaining compliance with Belgian construction laws and regulations.

What sections should be included in a Construction Agreement?

1. Parties: Identification of the parties: Owner/Employer and Contractor, including registration numbers and addresses

2. Background: Context of the construction project, including property details and purpose

3. Definitions: Key terms used throughout the agreement

4. Scope of Works: Detailed description of construction works to be performed

5. Contract Price and Payment Terms: Price, payment schedule, and invoicing requirements

6. Project Timeline: Commencement date, completion date, and key milestones

7. Contractor Obligations: Key responsibilities including permits, materials, and workforce

8. Employer Obligations: Site access, approvals, and information provision

9. Safety and Compliance: Safety requirements and compliance with Belgian construction regulations

10. Quality Standards: Required quality levels and inspection procedures

11. Variations: Process for handling changes to scope or specifications

12. Insurance and Securities: Required insurance coverage and performance securities

13. Liability and Indemnification: Allocation of risks and liability between parties

14. Force Majeure: Events beyond parties' control and their consequences

15. Termination: Grounds and procedures for contract termination

16. Dispute Resolution: Process for resolving disputes under Belgian law

17. Governing Law: Confirmation of Belgian law application and jurisdiction

What sections are optional to include in a Construction Agreement?

1. Environmental Management: Required for projects with significant environmental impact

2. Subcontracting: Include if subcontractors will be used

3. Intellectual Property: Required if design services are included

4. Site Conditions: Include for projects with complex site requirements

5. Materials Storage: Include for projects requiring significant material storage

6. Temporary Works: Required for projects needing significant temporary structures

7. Public Interface: Include for projects in populated areas

8. Archaeological Findings: Required for sites with potential archaeological significance

9. Financing Arrangements: Include if project involves external financing

What schedules should be included in a Construction Agreement?

1. Schedule 1 - Technical Specifications: Detailed technical requirements and standards

2. Schedule 2 - Construction Drawings: Approved construction drawings and plans

3. Schedule 3 - Bill of Quantities: Detailed breakdown of quantities and prices

4. Schedule 4 - Project Timeline: Detailed project schedule with milestones

5. Schedule 5 - Payment Schedule: Detailed payment terms and milestone payments

6. Schedule 6 - Site Plan: Detailed plan showing construction site and boundaries

7. Schedule 7 - Required Insurances: List of required insurance policies and coverage

8. Schedule 8 - Form of Performance Security: Template for bank guarantee or performance bond

9. Schedule 9 - Health and Safety Plan: Detailed safety procedures and requirements

10. Schedule 10 - Quality Control Plan: Quality assurance procedures and standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Cost

Free to use

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