The Engineering And Construction Subcontract is essential for projects where specialized works need to be delegated to qualified subcontractors. This document is particularly crucial in the Belgian construction industry, where strict regulations govern subcontracting relationships and construction standards. It should be used when a main contractor needs to engage a subcontractor for specific engineering or construction works, ensuring compliance with Belgian law, including the Civil Code provisions on construction contracts and specific construction safety regulations. The document covers crucial aspects such as scope definition, payment terms, quality requirements, safety standards, and liability allocation, while ensuring proper flow-down of main contract obligations. It's designed to protect both parties' interests while maintaining compliance with Belgian construction industry requirements and standards.
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1. Parties: Identification of the main contractor and subcontractor, including registration numbers and authorized representatives
2. Background: Context of the main contract and the need for subcontracting specific works
3. Definitions: Defined terms used throughout the agreement, including technical terms and project-specific definitions
4. Scope of Works: Detailed description of the subcontracted works, including references to specifications and drawings
5. Main Contract Flow-Down: Provisions incorporating relevant terms from the main contract and subcontractor's obligations in relation to them
6. Program and Timeline: Project schedule, milestones, and completion dates, including coordination with other contractors
7. Price and Payment: Subcontract price, payment schedule, variations procedure, and payment conditions
8. Materials and Equipment: Requirements for materials, equipment provision, and quality standards
9. Quality Assurance: Quality control requirements, inspections, and acceptance procedures
10. Health, Safety and Environment: Safety requirements, environmental compliance, and site rules
11. Subcontractor's Obligations: General and specific obligations including workforce, supervision, and compliance requirements
12. Main Contractor's Obligations: Main contractor's responsibilities including site access, coordination, and information provision
13. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions
14. Warranties: Workmanship warranties, material guarantees, and warranty period obligations
15. Variations: Procedures for handling changes to scope, pricing, or timeline
16. Termination: Grounds and procedures for contract termination, including consequences
17. Force Majeure: Definition and consequences of force majeure events
18. Dispute Resolution: Procedures for resolving disputes, including applicable law and jurisdiction
19. General Provisions: Standard contractual provisions including notices, assignments, and amendments
1. Performance Security: Requirements for performance bonds or guarantees, used for high-value or high-risk works
2. Intellectual Property: IP rights and obligations, needed when design or innovative solutions are involved
3. Confidentiality: Confidentiality obligations, required for projects involving sensitive information or proprietary technology
4. Sub-subcontracting: Rules and procedures for further subcontracting, included when sub-subcontracting might be needed
5. Testing and Commissioning: Detailed testing requirements, needed for complex mechanical or electrical installations
6. Defects Liability Period: Extended defects liability provisions, used for complex or high-value works
7. Environmental Management: Detailed environmental management requirements, needed for environmentally sensitive projects
8. Local Content Requirements: Local content obligations, included when required by main contract or local regulations
1. Schedule 1 - Scope of Works: Detailed technical specification of the subcontracted works
2. Schedule 2 - Price Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Schedule 3 - Program: Detailed project timeline and milestone dates
4. Schedule 4 - Quality Control Plan: Quality assurance and control procedures
5. Schedule 5 - Site Safety Plan: Safety procedures and requirements
6. Schedule 6 - Required Insurance: Details of required insurance coverage
7. Schedule 7 - Forms and Procedures: Standard forms for variations, payments, and other procedures
8. Schedule 8 - Main Contract Excerpts: Relevant excerpts from the main contract
9. Schedule 9 - Technical Standards: Applicable technical standards and specifications
10. Appendix A - Drawings: Technical drawings and design documents
11. Appendix B - Permits and Licenses: Copies of relevant permits and licenses
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