The Owner Builder Contractor Agreement is essential for construction projects in Malta where property owners wish to maintain greater control over their building project while engaging professional contractors for specific aspects of the work. This document is particularly relevant when owners want to act as their own builders while ensuring professional execution of specific construction tasks. It needs to comply with Malta's Building Regulation Act, Development Planning Act, and other relevant legislation. The agreement typically includes detailed specifications of work, payment schedules, compliance requirements, safety protocols, and dispute resolution procedures. It's commonly used in both residential and commercial construction projects where the owner wants to maintain direct involvement while ensuring professional standards and legal compliance.
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1. Parties: Identifies and provides full details of the Owner-Builder and the Contractor
2. Background: Sets out the context of the agreement, including property details and general purpose of the construction project
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Works: Detailed description of the construction work to be performed
5. Contract Price and Payment Terms: Specifies the total contract price, payment schedule, and payment conditions
6. Time for Completion: Establishes project timeline, completion date, and provisions for extensions of time
7. Contractor's Obligations: Details the responsibilities and duties of the contractor
8. Owner-Builder's Obligations: Specifies the responsibilities and duties of the owner-builder
9. Variations: Procedures for requesting and implementing changes to the scope of works
10. Quality and Standards: Specifies required building standards, quality expectations, and compliance requirements
11. Insurance and Liability: Details required insurance coverage and allocation of liability
12. Work Health and Safety: Outlines safety requirements and responsibilities
13. Permits and Compliance: Addresses building permits, approvals, and regulatory compliance
14. Termination: Conditions and procedures for contract termination
15. Dispute Resolution: Procedures for handling disputes between parties
16. General Provisions: Standard legal provisions including notices, governing law, and entire agreement
1. Defects Liability Period: Specifies warranty period and defect rectification procedures - include when project size warrants formal defects period
2. Materials and Equipment: Detailed provisions about supply and quality of materials - include for larger projects or when specific materials are crucial
3. Subcontracting: Rules and conditions for engaging subcontractors - include when subcontracting is likely
4. Intellectual Property: Protection of designs and other IP - include when custom designs or innovative methods are involved
5. Environmental Requirements: Specific environmental protection measures - include for environmentally sensitive projects
6. Site Access and Security: Detailed provisions about site access and security measures - include for complex sites or where security is crucial
7. Progress Reports: Requirements for regular progress reporting - include for larger or more complex projects
8. Retention: Provisions for holding retention money - include for larger projects
9. Performance Bond: Requirements for performance security - include for high-value projects
1. Schedule 1 - Scope of Works: Detailed specifications, drawings, and description of works to be performed
2. Schedule 2 - Contract Price Breakdown: Itemized breakdown of costs and payment schedule
3. Schedule 3 - Construction Timeline: Detailed project schedule including milestones and completion dates
4. Schedule 4 - Required Insurances: List of required insurance policies and coverage amounts
5. Schedule 5 - Key Personnel: Details of key personnel from both parties involved in the project
6. Schedule 6 - Site Details: Property details, site access information, and relevant site conditions
7. Schedule 7 - Approved Forms: Standard forms for variations, progress claims, and other project documentation
8. Appendix A - Planning Permits: Copies of relevant building permits and planning approvals
9. Appendix B - Technical Specifications: Detailed technical specifications for materials and workmanship
10. Appendix C - Safety Requirements: Specific health and safety requirements and procedures
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