This Standard Construction Contract is designed for use in Malta's construction industry, providing a comprehensive framework for construction projects under Maltese law. It is particularly suitable for medium to large-scale construction projects where a detailed contractual framework is required. The document incorporates essential provisions required by Maltese legislation, including compliance with the Building Regulation Act, Development Planning Act, and relevant EU regulations. It covers all crucial aspects of a construction project, from initial works commencement to defects liability period, including payment mechanisms, variations, and dispute resolution procedures. The contract is structured to protect both employer and contractor interests while ensuring compliance with local building regulations and industry standards.
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1. Parties: Identification of the Employer and Contractor, including full legal names and registered addresses
2. Background: Context of the construction project and purpose of the agreement
3. Definitions: Defined terms used throughout the contract, including technical construction terminology
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Price and Payment Terms: Amount payable, payment schedule, retention amounts, and payment procedures
6. Project Timeline: Commencement date, completion date, key milestones, and provisions for extensions of time
7. Contractor's Obligations: Key responsibilities including workmanship, materials, compliance with laws and regulations
8. Employer's Obligations: Responsibilities including site access, permits, approvals, and information provision
9. Variations: Procedures for handling changes to the scope of works
10. Quality and Inspection: Quality standards, inspection procedures, and acceptance criteria
11. Health and Safety: Safety requirements and responsibilities in compliance with Maltese regulations
12. Insurance and Indemnities: Required insurance coverage and indemnification provisions
13. Defects Liability: Defects notification period and remediation procedures
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes, including arbitration under Maltese law
16. Governing Law: Specification of Maltese law as governing law and jurisdiction
1. Performance Bond: Required when project value exceeds certain thresholds or when specifically requested by the Employer
2. Parent Company Guarantee: Included when the Contractor is a subsidiary and additional security is required
3. Environmental Protection: Detailed environmental requirements for projects with significant environmental impact
4. Archaeological Findings: Procedures for handling archaeological discoveries, relevant for projects in historic areas
5. Subcontracting: Terms for appointment and management of subcontractors, if allowed
6. Equipment and Materials Storage: Specific requirements for on-site storage when space is limited or valuable materials are involved
7. Utilities and Services: Provisions for temporary utilities during construction when required
8. Neighbor Relations: Specific provisions for projects in densely populated areas or with shared boundaries
9. Phased Completion: Required for projects with multiple completion stages
1. Schedule 1 - Works Specification: Detailed technical specifications and drawings
2. Schedule 2 - Project Program: Detailed timeline of works including key milestones
3. Schedule 3 - Price Schedule: Breakdown of contract price, rates, and payment milestones
4. Schedule 4 - Site Information: Site details, access points, and existing conditions
5. Schedule 5 - Performance Requirements: Specific performance criteria and standards
6. Schedule 6 - Required Insurance: Details of required insurance coverage and limits
7. Schedule 7 - Key Personnel: List of key personnel from both parties and their roles
8. Schedule 8 - Forms and Certificates: Template forms for applications, certificates, and notices
9. Schedule 9 - Permits and Approvals: List of required permits and responsible parties
10. Appendix A - Health and Safety Requirements: Detailed health and safety procedures and requirements
11. Appendix B - Quality Assurance Plan: Quality control procedures and requirements
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