The Standard Builders Contract is designed for use in the Nigerian construction industry where formal, comprehensive construction agreements are required for building projects. It is particularly suited for medium to large-scale construction projects where detailed terms and conditions are necessary to govern the relationship between the employer and contractor. The contract incorporates essential elements required under Nigerian law and construction industry practice, including provisions for payment terms, quality standards, variations, and dispute resolution. This document is structured to provide clear guidance on project execution while ensuring compliance with local regulations, including the National Building Code and environmental requirements. The Standard Builders Contract should be used when parties require a robust legal framework for construction projects that offers adequate protection for both the employer and contractor while maintaining flexibility for project-specific requirements.
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1. Parties: Identification and details of the Employer and the Contractor
2. Background: Context of the agreement and brief project overview
3. Definitions: Defined terms used throughout the contract
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Sum and Payment Terms: Amount payable and payment schedule, including retention provisions
6. Duration and Programme: Project timeline, completion date, and key milestones
7. Contractor's Obligations: Main responsibilities and duties of the contractor
8. Employer's Obligations: Main responsibilities and duties of the employer
9. Quality and Standards: Required quality levels and applicable construction standards
10. Variations: Process for handling changes to the scope of works
11. Health and Safety: Safety requirements and responsibilities
12. Insurance and Indemnities: Required insurance coverage and indemnification provisions
13. Defects Liability: Defects correction period and related obligations
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes
16. Governing Law: Specification of Nigerian law as governing law
17. Notices: Communication procedures and contact details
18. General Provisions: Miscellaneous legal provisions including assignment and waiver
1. Performance Bond: Required when additional security for performance is needed
2. Advance Payment: Include when advance payments are to be made to the contractor
3. Nominated Subcontractors: Include when specific subcontractors are to be nominated by the employer
4. Design Responsibilities: Include when the contractor has design obligations
5. Environmental Protection: Required for projects with significant environmental impact
6. Local Content Requirements: Include when local content regulations apply
7. Force Majeure: Detailed force majeure provisions for high-risk areas
8. Liquidated Damages: Include when specific compensation for delay is required
9. Performance Tests: Required for projects involving mechanical or electrical installations
10. Training and Handover: Include when operator training or specific handover procedures are required
1. Schedule 1 - Works Specification: Detailed technical specifications of the works
2. Schedule 2 - Site Information: Details of the construction site and access arrangements
3. Schedule 3 - Programme: Detailed construction programme and milestone dates
4. Schedule 4 - Payment Schedule: Breakdown of payment installments and milestone payments
5. Schedule 5 - Performance Standards: Specific quality and performance requirements
6. Schedule 6 - Required Insurances: Details of all required insurance policies
7. Schedule 7 - Forms of Certificates: Templates for payment, completion, and other certificates
8. Schedule 8 - Key Personnel: List of key personnel from both parties
9. Appendix A - Drawings: All construction drawings and designs
10. Appendix B - Bills of Quantities: Detailed breakdown of quantities and rates
11. Appendix C - Health and Safety Requirements: Detailed safety procedures and requirements
12. Appendix D - Environmental Management Plan: Environmental protection measures and monitoring
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