The Nominated Subcontractor Agreement is essential in German construction projects where the employer/principal wishes to maintain control over the selection of specific subcontractors for specialized work packages while maintaining a single point of contractual responsibility through the main contractor. This document type is particularly important in complex construction projects where specialized expertise is required for certain aspects of the works. The agreement must comply with German construction law, particularly the VOB/B and relevant sections of the BGB, while clearly defining the three-way relationship between parties. It includes comprehensive provisions for payment mechanisms, performance standards, coordination requirements, and risk allocation, specifically tailored to meet German legal requirements and industry standards. The document is structured to protect all parties' interests while ensuring efficient project delivery and clear communication channels.
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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 purpose of the agreement
3. Definitions and Interpretation: Definition of key terms, interpretation rules, and hierarchy of documents
4. Scope of Subcontract Works: Detailed description of the works to be performed, including reference to specifications
5. Main Contract Flow-Down: Provisions making relevant main contract terms binding on the Nominated Subcontractor
6. Subcontractor's Obligations: Core obligations including workmanship, materials, compliance with laws and standards
7. Main Contractor's Obligations: Responsibilities including site access, coordination, and information provision
8. Programme and Progress: Time obligations, project schedule, and delay consequences
9. Quality and Inspection: Quality requirements, testing procedures, and inspection rights
10. Payment Terms: Payment mechanism, valuation process, and payment timeline
11. Variations: Process for handling changes to the subcontract works
12. Completion and Defects: Completion requirements, defects liability period, and remediation process
13. Insurance and Liability: Required insurance coverage and liability allocation
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Dispute resolution procedures compliant with German law
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Performance Security: Requirements for performance bonds or guarantees, optional based on project value and risk
2. Intellectual Property Rights: IP provisions where design or innovative solutions are involved
3. Environmental Requirements: Specific environmental obligations for projects with significant environmental impact
4. Social Standards Compliance: Additional social compliance requirements for projects with specific social impact concerns
5. BIM Protocol: Building Information Modeling provisions for projects using BIM
6. Force Majeure: Specific force majeure provisions beyond standard impossibility rules under German law
7. Anti-Corruption: Enhanced anti-corruption provisions for public projects or international work
8. Data Protection: GDPR compliance provisions where personal data processing is involved
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Programme: Detailed programme of works including key milestones
3. Schedule 3 - Price and Payment: Pricing breakdown, payment schedule, and valuation rules
4. Schedule 4 - Site Information: Site-specific information and requirements
5. Schedule 5 - Main Contract Extracts: Relevant excerpts from the main contract
6. Schedule 6 - Forms and Procedures: Standard forms for applications, certificates, and notices
7. Schedule 7 - Key Personnel: List of key personnel and their roles
8. Schedule 8 - Equipment and Materials: Lists of contractor-supplied and free-issue materials
9. Appendix A - Insurance Requirements: Detailed insurance specifications and coverage requirements
10. Appendix B - Quality Management Plan: Quality management procedures and requirements
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