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Construction Service Contract for Malta

Construction Service Contract Template for Malta

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Construction Service Contract

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Construction Service Contract

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What is a Construction Service Contract?

The Construction Service Contract is a vital legal instrument used in the Maltese construction industry to formalize agreements between clients/employers and contractors for construction projects. This document is essential when engaging contractors for any significant construction work in Malta, whether for commercial, residential, or infrastructure projects. The contract must comply with various Maltese regulations, including the Building Regulation Act (Chapter 513), Occupational Health and Safety Authority Act (Chapter 424), and relevant construction industry regulations. It typically includes detailed specifications of works, pricing structures, timelines, quality standards, and risk allocation provisions. The Construction Service Contract also addresses specific local requirements such as building permits, environmental compliance, and professional warranties under Maltese law. This template is designed to protect both parties' interests while ensuring compliance with all relevant Maltese construction and contractual regulations.

What sections should be included in a Construction Service Contract?

1. Parties: Identification of the contracting parties - typically the employer/client and the contractor

2. Background: Context of the agreement including project overview and parties' intentions

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

4. Scope of Works: Detailed description of construction services to be provided

5. Contract Price and Payment Terms: Amount payable, payment schedule, and payment conditions

6. Project Timeline: Commencement date, completion date, and key milestones

7. Contractor Obligations: Key responsibilities and duties of the contractor

8. Client Obligations: Key responsibilities and duties of the client

9. Materials and Workmanship: Standards for materials and quality of work

10. Health and Safety: Safety requirements and compliance with Maltese H&S regulations

11. Insurance and Liability: Required insurance coverage and liability provisions

12. Variations: Process for handling changes to the scope of work

13. Defects Liability: Warranty period and rectification of defects

14. Termination: Grounds and process for contract termination

15. Force Majeure: Provisions for unforeseen circumstances

16. Dispute Resolution: Process for resolving disputes

17. Governing Law: Confirmation of Maltese law as governing law

18. Notices: Process for formal communications between parties

What sections are optional to include in a Construction Service Contract?

1. Performance Bond: Required when additional security for performance is needed

2. Parent Company Guarantee: Included when contractor is a subsidiary company

3. Environmental Compliance: Detailed environmental requirements for environmentally sensitive projects

4. Intellectual Property: Required when design services are included

5. Site Access and Security: Detailed provisions for projects with specific site access requirements

6. Subcontracting: Required when subcontracting will be permitted

7. Liquidated Damages: Specific provisions for delay damages when required

8. Testing and Commissioning: For projects requiring specific testing procedures

What schedules should be included in a Construction Service Contract?

1. Schedule 1 - Technical Specifications: Detailed technical requirements and standards

2. Schedule 2 - Construction Drawings: Approved construction drawings and plans

3. Schedule 3 - Bill of Quantities: Itemized list of quantities and rates

4. Schedule 4 - Project Timeline: Detailed project program and milestones

5. Schedule 5 - Payment Schedule: Detailed breakdown of payment stages

6. Schedule 6 - Site Information: Site details, surveys, and existing conditions

7. Schedule 7 - Required Insurances: Details of required insurance coverage

8. Schedule 8 - Health and Safety Requirements: Specific H&S procedures and requirements

9. Schedule 9 - Forms of Certificates: Templates for payment, completion, and other certificates

10. Schedule 10 - Key Personnel: List of key personnel from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















































Clauses







































Relevant Industries

Construction

Real Estate

Infrastructure

Commercial Development

Residential Development

Industrial

Healthcare

Education

Hospitality

Retail

Energy

Transport

Public Sector

Maritime Infrastructure

Relevant Teams

Legal

Procurement

Construction

Operations

Commercial

Finance

Risk & Compliance

Technical

Project Management

Health & Safety

Property Development

Contracts Administration

Relevant Roles

Construction Manager

Project Director

Contract Manager

Legal Counsel

Procurement Manager

Commercial Director

Operations Manager

Site Manager

Quantity Surveyor

Risk Manager

Compliance Officer

Finance Director

Technical Director

Development Manager

Construction Lawyer

Architect

Civil Engineer

Health and Safety Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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