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The Road Construction Agreement is a specialized contract used in Germany for managing and executing road construction projects. It is essential for projects involving public authorities, construction companies, and various stakeholders in the German construction sector. The agreement must comply with German construction law, particularly the VOB (Vergabe- und Vertragsordnung für Bauleistungen) and public procurement regulations. It typically includes detailed provisions for technical specifications, quality standards, environmental protection, safety requirements, and payment terms. This document is crucial for both public and private sector projects, ranging from local road improvements to major highway construction. The agreement addresses specific German regulatory requirements, including environmental protection measures, worker safety standards, and public procurement procedures.

1. Parties: Identification of the contracting parties, including the principal/employer (often a public entity) and the contractor

2. Background: Context of the project, including reference to any public tender process and basic project information

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Works: Detailed description of the construction works to be performed, including road specifications and construction requirements

5. Contract Documents: Hierarchy and list of all documents forming part of the contract, including reference to VOB/B provisions

6. Contractor Obligations: Primary responsibilities of the contractor, including quality standards, materials, and workmanship requirements

7. Principal Obligations: Primary responsibilities of the principal, including site access, permits, and approvals

8. Time for Completion: Project schedule, milestones, and completion dates

9. Contract Price and Payment: Pricing structure, payment terms, and invoicing requirements

10. Variations: Procedures for handling changes to the scope of work

11. Quality Assurance: Quality control measures and inspection requirements

12. Health and Safety: Safety requirements and compliance with German workplace safety regulations

13. Environmental Protection: Environmental compliance requirements and mitigation measures

14. Insurance and Liability: Required insurance coverage and allocation of risks

15. Defects Liability: Warranty obligations and defect rectification procedures

16. Termination: Grounds and procedures for contract termination

17. Dispute Resolution: Procedures for resolving disputes, including reference to German jurisdiction

18. General Provisions: Standard contract clauses including notices, amendments, and governing law