The Simple Works Contract is a fundamental legal document used in Malta for construction and renovation projects where a comprehensive but straightforward agreement is required. It's particularly suitable for projects where standard FIDIC contracts would be too complex, while still maintaining all necessary legal protections under Maltese law. This contract type typically includes essential elements such as scope of works, payment terms, timeline, and party obligations, while remaining adaptable to various project sizes and complexities. The document ensures compliance with Maltese construction regulations and the Civil Code, making it ideal for local construction projects where clarity and legal certainty are required without excessive complexity.
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1. Parties: Identifies and provides full details of the contracting parties (employer and contractor)
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the contract
4. Scope of Works: Detailed description of the works to be performed
5. Contract Price and Payment Terms: Specifies the agreed price and payment schedule
6. Duration and Timeline: Sets out the commencement date, completion date, and key milestones
7. Contractor's Obligations: Lists the key responsibilities and obligations of the contractor
8. Employer's Obligations: Lists the key responsibilities and obligations of the employer
9. Materials and Workmanship: Specifies quality standards for materials and work execution
10. Variations: Procedures for handling changes to the scope of works
11. Health and Safety: Safety requirements and responsibilities
12. Insurance and Liability: Insurance requirements and allocation of risks
13. Termination: Circumstances and procedures for contract termination
14. Governing Law and Jurisdiction: Confirms Maltese law as governing law and jurisdiction
1. Site Access and Conditions: Used when specific site access arrangements or site conditions need to be addressed
2. Permits and Approvals: Include when specific permits or regulatory approvals are required for the works
3. Subcontracting: Include if subcontracting is permitted and needs to be regulated
4. Retention: Include if part of the payment is to be retained as security
5. Defects Liability Period: Include if a specific period for remedying defects after completion is required
6. Performance Bond: Include if a performance bond or guarantee is required
7. Liquidated Damages: Include if specific damages for delay or non-performance are to be pre-agreed
8. Force Majeure: Include if specific provisions for unforeseen events are needed
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings of the works
2. Schedule 2 - Payment Schedule: Detailed breakdown of payments, installments and payment milestones
3. Schedule 3 - Programme of Works: Detailed timeline and milestone dates
4. Schedule 4 - Site Plan: Plans and drawings showing the work site and access points
5. Schedule 5 - Materials Specifications: Detailed specifications for materials to be used
6. Appendix A - Required Insurance Certificates: Forms and levels of required insurance coverage
7. Appendix B - Health and Safety Requirements: Detailed health and safety procedures and requirements
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