The Cost Plus Contractor Agreement is essential for projects in Nigeria where traditional fixed-price contracts may not be suitable due to uncertainty in scope or complexity of works. This document type is commonly used in large-scale construction, infrastructure, and industrial projects where flexibility in scope and execution is required. The agreement details the mechanism for cost reimbursement, profit calculation, and contractor's obligations while ensuring compliance with Nigerian regulatory requirements including the Public Procurement Act, Labour Act, and relevant construction industry regulations. It includes specific provisions for cost verification, audit rights, and local content requirements, making it particularly suitable for projects requiring transparent cost management and regulatory compliance.
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1. Parties: Identification of the employer and contractor, including registration details and addresses
2. Background: Context of the agreement, project overview, and basis for engagement
3. Definitions and Interpretation: Definition of key terms, including 'Cost', 'Fee', 'Works', and interpretation rules
4. Scope of Works: Detailed description of the works to be performed by the contractor
5. Contractor's Obligations: Core responsibilities, including compliance with laws, standards, and specifications
6. Cost and Fee Structure: Definition of allowable costs, fee calculation, and payment mechanism
7. Payment Terms: Billing procedures, payment timeline, and documentation requirements
8. Project Timeline: Commencement date, completion date, and key milestones
9. Quality and Standards: Required quality standards, inspections, and compliance with Nigerian building codes
10. Variations: Process for handling changes to scope or costs
11. Records and Audit Rights: Requirements for maintaining cost records and employer's audit rights
12. Insurance and Indemnities: Required insurance coverage and indemnification provisions
13. Termination: Grounds and procedures for contract termination
14. Dispute Resolution: Process for resolving disputes, including Nigerian jurisdiction requirements
15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Performance Security: Required when the project value exceeds certain thresholds or when requested by the employer
2. Local Content Requirements: Needed for projects subject to Nigerian local content laws
3. Environmental Compliance: Required for projects with significant environmental impact
4. Health and Safety: Detailed section needed for high-risk construction projects
5. Intellectual Property Rights: Required when the works involve design or technological elements
6. Force Majeure: Detailed provisions for projects in volatile regions or with specific risk factors
7. Anti-Corruption Provisions: Enhanced provisions for public sector projects or international contracts
8. Subcontractor Provisions: Required when subcontracting is anticipated or permitted
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Cost Schedule: Breakdown of allowable costs and excluded costs
3. Schedule 3 - Fee Calculation: Detailed mechanism for calculating the contractor's fee
4. Schedule 4 - Key Personnel: List of key contractor personnel and their roles
5. Schedule 5 - Programme of Works: Detailed project timeline and milestones
6. Schedule 6 - Required Insurance: Specific insurance requirements and coverage levels
7. Schedule 7 - Forms and Procedures: Standard forms for variations, payments, and completion certificates
8. Schedule 8 - Quality Standards: Detailed quality requirements and inspection procedures
9. Appendix A - Site Information: Details of the project site and conditions
10. Appendix B - Required Permits: List of required regulatory permits and responsibilities
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