The Building Contract Agreement is a fundamental document used in the Dutch construction industry to formalize the relationship between clients and contractors for construction projects. This agreement is essential when undertaking any significant construction work in the Netherlands, whether for commercial, residential, or industrial purposes. It must comply with Dutch law, particularly the provisions of the Dutch Civil Code (Burgerlijk Wetboek) and the Buildings Decree (Bouwbesluit 2012). The document typically incorporates standard administrative conditions (UAV 2012) and addresses crucial aspects such as project specifications, payment terms, quality requirements, risk allocation, and dispute resolution. It serves as the primary reference point for managing the construction project and protecting the interests of all parties involved.
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1. Parties: Identification and details of the Client (Opdrachtgever) and Contractor (Aannemer)
2. Background: Context of the construction project and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Price and Payment Terms: Agreement on price, payment schedule, and payment conditions
6. Time for Completion: Project timeline, completion date, and milestone dates
7. Contractor Obligations: Key responsibilities and obligations of the contractor
8. Client Obligations: Key responsibilities and obligations of the client
9. Quality and Materials: Standards for materials and workmanship
10. Variations and Changes: Process for handling changes to the scope of work
11. Health and Safety: Safety requirements and responsibilities in accordance with Dutch law
12. Insurance and Liability: Required insurance coverage and liability provisions
13. Permits and Compliance: Responsibility for obtaining necessary permits and ensuring regulatory compliance
14. Completion and Defects: Completion procedures, defects liability period, and remediation process
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Procedures for resolving disputes under Dutch law
17. General Provisions: Standard legal provisions including notices, governing law, and entire agreement
1. Environmental Requirements: Specific environmental obligations and sustainability requirements - include when project has significant environmental impact
2. Subcontracting: Terms governing the use and management of subcontractors - include when subcontracting is permitted
3. Performance Security: Requirements for performance bonds or guarantees - include for larger projects or when required by client
4. Intellectual Property: IP rights and obligations - include when design elements or innovative construction methods are involved
5. Force Majeure: Provisions for unforeseen circumstances - include for longer-term or high-risk projects
6. Financing and Security: Provisions related to project financing - include when external financing is involved
7. Phased Completion: Terms for staged completion and handover - include for large or complex projects with multiple phases
1. Schedule 1 - Technical Specifications: Detailed technical specifications for the construction works
2. Schedule 2 - Drawings and Plans: Architectural and engineering drawings, site plans
3. Schedule 3 - Bill of Quantities: Itemized list of materials and quantities
4. Schedule 4 - Project Timeline: Detailed project schedule with milestones
5. Schedule 5 - Payment Schedule: Detailed breakdown of payment stages and amounts
6. Schedule 6 - Quality Control Plan: Quality assurance procedures and standards
7. Schedule 7 - Site Rules and Regulations: Specific rules governing the construction site
8. Appendix A - Required Permits and Certificates: List of required permits and certificates with status
9. Appendix B - Insurance Requirements: Detailed insurance specifications and certificates
10. Appendix C - Form of Payment Application: Standard form for submitting payment applications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Infrastructure
Commercial Property
Residential Property
Industrial
Public Sector
Engineering
Architecture
Urban Development
Relevant Teams
Legal
Construction
Project Management
Procurement
Finance
Operations
Risk Management
Commercial
Technical
Health and Safety
Quality Assurance
Contract Administration
Relevant Roles
Construction Manager
Project Manager
Contract Manager
Legal Counsel
Architect
Quantity Surveyor
Site Manager
Procurement Manager
Risk Manager
Commercial Director
Technical Director
Construction Director
Chief Executive Officer
Financial Controller
Operations Manager
Health and Safety Manager
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