The Construction Agreement is a fundamental legal document used in Nigeria when engaging contractors for construction projects of any scale. It serves as the primary contract document defining the relationship between the employer/client and the contractor, establishing their respective rights, obligations, and responsibilities. This agreement is essential for projects ranging from commercial buildings to infrastructure developments, incorporating Nigerian construction industry standards, local content requirements, and regulatory compliance obligations. The document typically includes detailed provisions for project execution, payment mechanisms, quality control, risk allocation, and dispute resolution, supported by comprehensive technical specifications and commercial terms in the schedules. It should be tailored to specific project requirements while maintaining compliance with Nigerian construction law, environmental regulations, and labor requirements.
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1. Parties: Identification and details of the employer/client and contractor
2. Background: Context of the agreement and brief project overview
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Works: Detailed description of construction works to be performed
5. Contract Price and Payment Terms: Payment amount, schedule, and mechanisms
6. Project Timeline: Commencement date, completion date, and key milestones
7. Contractor's Obligations: Key responsibilities and duties of the contractor
8. Employer's Obligations: Key responsibilities and duties of the employer
9. Materials and Workmanship: Standards for materials and quality of work
10. Variations: Process for handling changes to scope or specifications
11. Health and Safety: Safety requirements and compliance with regulations
12. Insurance and Indemnities: Required insurance coverage and indemnification provisions
13. Defects Liability: Handling of defects and warranty period
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Termination: Grounds and process for contract termination
16. Dispute Resolution: Process for resolving disputes including arbitration
17. Governing Law: Specification of Nigerian law as governing law
18. Notices: Process for formal communications between parties
1. Performance Security: Required for larger projects where contractor must provide performance bond
2. Environmental Compliance: Required for projects with significant environmental impact
3. Local Content Requirements: Required for projects subject to Nigerian local content laws
4. Advance Payment: Used when contractor requires mobilization payment
5. Subcontracting: Required when subcontractors will be engaged
6. Site Conditions: Important for projects with challenging or uncertain site conditions
7. Intellectual Property: Required for projects involving design or technical innovations
8. Confidentiality: Important for projects involving sensitive information or proprietary designs
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Project Timeline: Detailed program of works and milestone dates
3. Schedule 3 - Payment Schedule: Breakdown of payment installments and milestones
4. Schedule 4 - Site Information: Site details, access routes, and existing conditions
5. Schedule 5 - Key Personnel: List of key project staff and their qualifications
6. Schedule 6 - Required Insurances: Details of insurance types and coverage required
7. Schedule 7 - Forms and Certificates: Template forms for applications, certificates and notices
8. Schedule 8 - Health and Safety Requirements: Detailed safety procedures and requirements
9. Appendix A - Performance Security Form: Template for performance bond or guarantee
10. Appendix B - Advance Payment Guarantee Form: Template for advance payment guarantee
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Infrastructure
Oil and Gas
Manufacturing
Healthcare
Education
Hospitality
Retail
Industrial
Government and Public Works
Transportation
Energy
Mining
Telecommunications
Relevant Teams
Legal
Operations
Project Management
Procurement
Finance
Commercial
Technical
Risk and Compliance
Health and Safety
Construction
Relevant Roles
Chief Executive Officer
Managing Director
Project Director
Construction Manager
Contract Manager
Legal Counsel
Procurement Manager
Commercial Director
Project Manager
Site Manager
Quantity Surveyor
Risk Manager
Technical Director
Finance Director
Operations Manager
Health and Safety Manager
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