The Early Works Agreement is a crucial document used in construction and development projects in Belgium where certain works need to commence before the finalization of a main construction contract. This typically occurs when project timelines require early mobilization, site preparation, or preliminary construction activities to begin while commercial or technical details of the main contract are still being negotiated. The agreement, governed by Belgian law, provides a legal framework for these preliminary activities, including essential provisions for safety, permits, and environmental compliance specific to Belgian regulations. It defines the scope of early works, payment mechanisms, and risk allocation between parties, while maintaining flexibility for integration with the subsequent main contract. This document is particularly important in time-sensitive projects where early commencement can significantly impact overall project delivery schedules.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the early works, relationship to main contract (if any), and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Early Works: Detailed description of the early works to be performed
5. Commencement and Duration: Start date, duration, and any conditions precedent for the early works
6. Contractor Obligations: Key responsibilities and obligations of the contractor in performing the early works
7. Employer Obligations: Key responsibilities and obligations of the employer, including site access and information provision
8. Permits and Compliance: Requirements for obtaining necessary permits and ensuring regulatory compliance
9. Health and Safety: Safety requirements and obligations under Belgian law
10. Payment Terms: Payment mechanisms, amounts, and timing
11. Variations: Process for handling changes to the early works scope
12. Termination: Termination rights and consequences
13. Liability and Insurance: Liability provisions, insurance requirements, and indemnities
14. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
1. Integration with Main Contract: Use when early works will be integrated into a main contract, defining how the agreements will interact
2. Environmental Protection: Include when works involve significant environmental considerations or risks
3. Intellectual Property: Include when early works involve design or other intellectual property creation
4. Force Majeure: Optional but recommended section defining force majeure events and consequences
5. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard jurisdiction clause
6. Site Conditions: Include when specific site conditions need special attention or risk allocation
7. Materials and Equipment: Include when early works involve significant material or equipment procurement
8. Quality Assurance: Include when specific quality standards or testing requirements apply
1. Schedule 1 - Scope of Early Works: Detailed description of works, specifications, and drawings
2. Schedule 2 - Programme: Detailed timeline and milestones for the early works
3. Schedule 3 - Payment Schedule: Breakdown of payments, rates, and payment milestones
4. Schedule 4 - Site Information: Site details, access points, and relevant site conditions
5. Schedule 5 - Required Insurances: Details of required insurance coverage and limits
6. Schedule 6 - Form of Application for Payment: Template for payment applications
7. Schedule 7 - Key Personnel: List of key personnel from both parties
8. Schedule 8 - Required Permits and Approvals: List of required regulatory permits and approvals
9. Appendix A - Health and Safety Requirements: Detailed health and safety requirements and procedures
10. Appendix B - Environmental Management Plan: Environmental protection measures and requirements
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