The Construction Loan Agreement is essential for projects requiring structured financing during the construction phase. Used primarily in the Netherlands and subject to Dutch law, this agreement is designed for situations where funding needs to be closely aligned with construction progress. It establishes a framework for staged disbursements tied to verified construction milestones, while incorporating necessary safeguards for lenders and compliance requirements for borrowers. The document includes specific provisions for construction monitoring, cost control, and quality assurance, making it suitable for various scales of development from commercial buildings to residential projects. The agreement must comply with Dutch financial regulations (Wet op het financieel toezicht) and construction laws (Woningwet), while incorporating standard banking practices and construction industry requirements.
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1. Parties: Identification of the Lender and Borrower, including full legal names and addresses
2. Background: Context of the loan agreement, including the construction project details and purpose of the financing
3. Definitions: Definitions of key terms used throughout the agreement, including construction-specific terminology
4. The Facility: Details of the loan amount, purpose, and basic terms
5. Conditions Precedent: Conditions that must be satisfied before loan disbursement, including construction-specific requirements
6. Drawdown Mechanics: Procedures for requesting and receiving loan disbursements, linked to construction milestones
7. Interest and Fees: Interest rate, calculation methods, and applicable fees
8. Repayment Terms: Schedule and methods of repayment, including any construction phase provisions
9. Construction Requirements: Specific obligations regarding the construction project, timelines, and quality standards
10. Representations and Warranties: Standard and construction-specific representations by the borrower
11. Covenants: Ongoing obligations of the borrower, including construction-related commitments
12. Security: Details of collateral and security arrangements
13. Monitoring and Reporting: Requirements for project progress reporting and lender oversight
14. Events of Default: Circumstances constituting default, including construction-specific events
15. Remedies: Lender's rights and remedies upon default
16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and governing law
1. Insurance Requirements: Detailed insurance obligations - included when not covered in a separate schedule
2. Environmental Compliance: Environmental obligations and warranties - included for projects with significant environmental impact
3. Cost Overrun Provisions: Procedures for handling construction cost overruns - included for larger projects
4. Contractor Provisions: Direct agreements with contractors - included when lender requires direct relationships with key contractors
5. Multiple Lender Provisions: Syndication provisions - included when multiple lenders are involved
6. Step-In Rights: Lender's rights to take over the project - included for larger or complex projects
7. Force Majeure: Detailed force majeure provisions - included when not adequately covered in miscellaneous section
1. Schedule 1 - Project Details: Detailed description of the construction project, including plans and specifications
2. Schedule 2 - Drawdown Schedule: Detailed disbursement schedule linked to construction milestones
3. Schedule 3 - Form of Drawdown Request: Template for drawdown requests and required supporting documentation
4. Schedule 4 - Construction Timeline: Detailed construction schedule and milestone dates
5. Schedule 5 - Security Documents: List and copies of all security documents
6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
7. Schedule 7 - Required Permits: List of required permits and their status
8. Schedule 8 - Form of Progress Report: Template for construction progress reports
9. Appendix A - Key Contractor Information: Details of main contractors and subcontractors
10. Appendix B - Technical Specifications: Detailed technical requirements for the construction
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Construction & Engineering
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Development
Healthcare Facilities
Education Facilities
Hospitality & Tourism
Retail Development
Relevant Teams
Legal
Finance
Construction
Risk & Compliance
Credit
Property Development
Treasury
Technical Services
Project Management
Corporate Banking
Relevant Roles
Chief Financial Officer
Finance Director
Construction Project Manager
Development Director
Legal Counsel
Contract Manager
Risk Manager
Banking Relationship Manager
Construction Finance Manager
Technical Director
Quantity Surveyor
Compliance Officer
Property Development Manager
Treasury Manager
Credit Risk Officer
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