The Nominated Subcontractor Agreement is a specialized construction contract used when an employer exercises their right to select specific subcontractors for portions of a project while maintaining the main contractor's overall responsibility. This agreement, governed by Belgian law, establishes the legal and operational framework between the main contractor and the nominated subcontractor, addressing critical aspects such as work scope, payment terms, coordination requirements, and risk allocation. It is particularly important in complex projects where specialized expertise is required, and the employer wants to maintain control over the selection of key subcontractors while benefiting from the main contractor's project management capabilities. The agreement must comply with Belgian construction laws, social security regulations, and registration requirements, while also addressing specific requirements for public works when applicable. It typically includes detailed provisions for quality control, progress monitoring, and dispute resolution, reflecting the sophisticated nature of nominated subcontractor arrangements in the Belgian construction sector.
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1. Parties: Identification of the Main Contractor, Nominated Subcontractor, and reference to the Employer
2. Background: Context of the main contract, nomination process, and subcontract works
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including reference to main contract terms
4. Scope of Subcontract Works: Detailed description of the subcontract works, including obligations and standards
5. Main Contract Flow-Down: Provisions making relevant main contract terms binding on the subcontractor
6. Performance and Quality Standards: Required standards, quality assurance, and compliance requirements
7. Programme and Time for Completion: Timeline, milestones, and coordination with main works
8. Price and Payment: Subcontract price, payment terms, VAT provisions, and payment security
9. Variations: Procedures for handling changes to subcontract works
10. Design Responsibilities: Extent of design obligations and approval processes
11. Site Access and Facilities: Rights and conditions for accessing and using the site
12. Health, Safety and Environment: HSE requirements and compliance obligations
13. Insurance and Liability: Required insurance coverage and liability allocation
14. Warranties and Defects: Warranty obligations and defects correction procedures
15. Suspension and Termination: Rights and procedures for suspension and termination
16. Dispute Resolution: Dispute resolution procedures and governing law
17. General Provisions: Miscellaneous legal provisions including notices, assignment, and severability
1. Performance Security: Requirements for bonds or guarantees when additional security is required
2. Intellectual Property Rights: IP provisions when design or innovative methods are involved
3. Confidentiality: Detailed confidentiality provisions for sensitive projects
4. Building Information Modeling: BIM obligations when project uses BIM
5. Social Clauses: Special provisions for employment and training when required by public contracts
6. Environmental Requirements: Additional environmental obligations for environmentally sensitive projects
7. Force Majeure: Detailed force majeure provisions for high-risk projects
8. Language Requirements: Language provisions for projects in multilingual regions of Belgium
1. Schedule 1 - Scope of Works: Detailed technical specification of the subcontract works
2. Schedule 2 - Programme: Detailed programme of works including key dates and milestones
3. Schedule 3 - Price and Payment Schedule: Breakdown of price, rates, and payment milestones
4. Schedule 4 - Site Rules and Procedures: Site-specific requirements and procedures
5. Schedule 5 - Form of Collateral Warranty: Form of warranty to be provided to employer or third parties
6. Schedule 6 - Quality Assurance Requirements: Detailed quality control and assurance procedures
7. Schedule 7 - Forms of Bonds/Guarantees: Templates for required performance security
8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and minimum coverage
9. Schedule 9 - Key Personnel: List of key personnel and their roles
10. Schedule 10 - Relevant Main Contract Extracts: Relevant excerpts from the main contract
11. Appendix A - Drawings and Technical Documents: List of drawings and technical documentation
12. Appendix B - Health and Safety Plan: Project-specific health and safety requirements
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