The Construction Agreement Between Client And Contractor is a fundamental legal document used in the Nigerian construction industry to establish and regulate the relationship between project owners and construction contractors. This agreement is essential for any construction project in Nigeria, whether commercial, residential, or infrastructure development. It must comply with Nigerian federal and state construction laws, including the National Building Code 2006, Labour Act, Environmental Impact Assessment Act, and relevant state-specific regulations. The document typically includes comprehensive provisions for project execution, payment terms, quality standards, safety requirements, and dispute resolution mechanisms. It is particularly important in the Nigerian context due to specific local content requirements, environmental regulations, and construction industry standards. The agreement serves as the primary reference document throughout the construction project lifecycle, from groundbreaking to completion and warranty period.
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1. Parties: Identification and details of the Client and Contractor, including registration numbers and addresses
2. Background: Context of the agreement and brief description of the construction project
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed
5. Contract Price and Payment Terms: Total contract value, payment schedule, and payment conditions
6. Project Timeline: Construction schedule, milestones, and completion dates
7. Contractor's Obligations: Detailed responsibilities of the contractor including quality standards, safety requirements, and compliance with laws
8. Client's Obligations: Client's responsibilities including site access, permits, and approvals
9. Materials and Workmanship: Standards for materials, quality requirements, and inspection procedures
10. Variations and Changes: Process for handling changes to scope, pricing, or timeline
11. Site Management: Requirements for site safety, security, and environmental protection
12. Insurance and Indemnities: Required insurance coverage and indemnification obligations
13. Warranties and Defects Liability: Warranty terms and process for addressing defects
14. Force Majeure: Provisions for handling unforeseen circumstances and delays
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Process for resolving disputes including arbitration procedures
17. Governing Law: Specification of Nigerian law as governing law and jurisdiction
18. Notices: Process and requirements for formal communications between parties
19. General Provisions: Standard boilerplate clauses including assignment, waiver, and severability
1. Performance Bond: Required when project value exceeds certain threshold or client requires additional security
2. Advance Payment: Include when contractor requires mobilization payment
3. Subcontracting: Include when contractor plans to use subcontractors
4. Equipment and Temporary Works: Include for projects requiring significant equipment or temporary structures
5. Environmental Protection Measures: Required for projects with significant environmental impact
6. Local Content Requirements: Include when project must comply with Nigerian local content laws
7. Testing and Commissioning: Include for projects requiring specific testing procedures
8. Intellectual Property Rights: Include when design or innovative construction methods are involved
9. Confidentiality: Include for projects involving sensitive information or proprietary methods
1. Schedule 1 - Project Specifications: Detailed technical specifications and drawings
2. Schedule 2 - Bill of Quantities: Itemized list of materials, quantities, and prices
3. Schedule 3 - Project Timeline: Detailed construction schedule with milestones
4. Schedule 4 - Payment Schedule: Detailed breakdown of payment terms and milestones
5. Schedule 5 - Quality Assurance Plan: Specific quality standards and testing requirements
6. Schedule 6 - Site Plan and Access Details: Site layout, access points, and logistics information
7. Schedule 7 - Key Personnel: List of key project personnel and their qualifications
8. Schedule 8 - Required Insurance Coverage: Detailed insurance requirements and minimum coverage amounts
9. Schedule 9 - Forms and Certificates: Standard forms for variations, completion certificates, etc.
10. Appendix A - Health and Safety Plan: Detailed safety procedures and requirements
11. Appendix B - Environmental Management Plan: Environmental protection measures and compliance requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Energy
Healthcare
Education
Hospitality
Retail
Manufacturing
Transportation
Government/Public Sector
Relevant Teams
Legal
Operations
Construction
Project Management
Finance
Procurement
Health and Safety
Quality Control
Environmental Compliance
Risk Management
Commercial
Technical
Contract Administration
Facilities Management
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Chief Executive Officer
Managing Director
Financial Director
Quantity Surveyor
Site Engineer
Procurement Manager
Health and Safety Officer
Environmental Compliance Officer
Risk Manager
Technical Director
Commercial Director
Operations Manager
Project Architect
Construction Supervisor
Quality Control Manager
Facilities Manager
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