The Agreement Between Developer And Contractor is a fundamental document in Nigerian construction projects, essential for establishing the legal and operational framework between property developers and construction contractors. This agreement is typically used when a developer requires a contractor to undertake construction works, whether for commercial, residential, or industrial projects. It comprehensively covers project specifications, timeline commitments, payment structures, quality standards, and risk allocation. The document must comply with Nigerian construction laws, including the National Building Code 2006 and relevant state-specific regulations. It's particularly crucial in protecting both parties' interests while ensuring project delivery meets local standards and requirements. The agreement's structure reflects Nigerian legal requirements while incorporating international best practices in construction contract management.
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1. Parties: Identifies and provides full legal details of the Developer and Contractor, including registration numbers and addresses
2. Background: Outlines the context of the agreement, including the project overview and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Work: Detailed description of the construction work to be performed by the Contractor
5. Contract Price and Payment Terms: Specifies the agreed price, payment schedule, and payment conditions
6. Timeline and Completion: Sets out project timelines, milestones, and completion requirements
7. Contractor's Obligations: Lists all duties and responsibilities of the Contractor
8. Developer's Obligations: Lists all duties and responsibilities of the Developer
9. Quality and Standards: Specifies required construction standards, quality controls, and compliance requirements
10. Materials and Equipment: Details requirements for construction materials and equipment
11. Site Access and Conditions: Establishes terms for site access, security, and working conditions
12. Variations and Changes: Procedures for handling changes to scope or specifications
13. Insurance and Indemnities: Specifies required insurance coverage and indemnification obligations
14. Warranties and Defects Liability: Details warranty terms and defect rectification obligations
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Procedures for handling disputes between parties
17. Governing Law: Specifies Nigerian law as governing law and relevant jurisdiction
18. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Performance Bond: Required when project value exceeds certain threshold or developer requires additional security
2. Environmental Compliance: Detailed section needed for projects with significant environmental impact
3. Local Content Requirements: Required for projects subject to Nigerian local content regulations
4. Force Majeure: Detailed provisions for handling unforeseen circumstances, particularly relevant in volatile regions
5. Intellectual Property Rights: Needed when project involves unique designs or proprietary technology
6. Confidentiality: Required for projects involving sensitive information or proprietary designs
7. Safety and Health Requirements: Detailed section needed for high-risk construction projects
8. Subcontracting: Required when contractor plans to engage subcontractors
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Project Timeline: Detailed project schedule with milestones and completion dates
3. Schedule 3 - Payment Schedule: Breakdown of payment amounts, timelines, and conditions
4. Schedule 4 - Site Details: Site plans, access points, and existing conditions
5. Schedule 5 - Quality Standards: Specific quality requirements and acceptance criteria
6. Schedule 6 - Required Insurances: Details of all required insurance policies and coverage amounts
7. Schedule 7 - Key Personnel: List of key personnel from both parties with roles and responsibilities
8. Schedule 8 - Forms and Certificates: Template forms for variations, completion certificates, and other project documents
9. Appendix A - Health and Safety Requirements: Detailed safety procedures and requirements
10. Appendix B - Environmental Management Plan: Environmental protection measures and compliance requirements
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