The Cost Plus Construction Agreement is primarily utilized in complex construction projects under Dutch law where the exact scope or costs cannot be definitively established at the outset. This contract type provides flexibility for scope adjustments while ensuring transparency in cost management and contractor compensation. It is particularly relevant for projects involving innovative designs, renovation works, or circumstances where unforeseen conditions are likely. The agreement includes comprehensive provisions for cost verification, project management, quality control, and risk allocation, all aligned with Dutch construction laws and regulations. It establishes clear procedures for cost documentation, approval processes, and fee calculations while incorporating necessary safeguards for both employer and contractor. The document ensures compliance with Dutch Civil Code requirements and construction industry standards while facilitating effective project execution and cost control.
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1. Parties: Identification of the employer and contractor, including full legal names and registered addresses
2. Background: Context of the agreement, project overview, and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed
5. Cost Structure and Payment: Definition of cost components, markup/fee structure, and payment terms
6. Contractor Obligations: Key responsibilities and duties of the contractor
7. Employer Obligations: Key responsibilities and duties of the employer
8. Project Timeline: Construction schedule, milestones, and completion dates
9. Cost Control and Reporting: Requirements for cost tracking, reporting, and budget management
10. Quality Standards: Quality requirements and applicable construction standards
11. Changes and Variations: Procedures for handling changes to scope, cost, or timeline
12. Site Access and Conditions: Provisions regarding access to and conditions of the construction site
13. Materials and Equipment: Requirements for materials, equipment, and procurement processes
14. Health, Safety and Environment: HSE requirements and compliance obligations
15. Insurance and Liability: Insurance requirements and liability allocation
16. Default and Termination: Grounds and procedures for contract termination
17. Dispute Resolution: Procedures for resolving disputes
18. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Financing Arrangements: Include when project involves specific financing requirements or third-party funding
2. Phased Completion: Include for projects with multiple completion phases or sectional completion requirements
3. Performance Incentives: Include when parties agree on bonus/malus arrangements for performance
4. Environmental Compliance: Include detailed environmental provisions for projects with significant environmental impact
5. Intellectual Property: Include when design elements or innovative construction methods are involved
6. Local Community Relations: Include for projects with significant community impact
7. Force Majeure: Include detailed force majeure provisions for high-risk or long-term projects
8. Warranties and Defects: Include extended warranty provisions for complex projects
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the construction work
2. Schedule 2 - Cost Breakdown Structure: Detailed breakdown of cost components, including direct costs, indirect costs, and fee calculation
3. Schedule 3 - Project Timeline: Detailed construction schedule with milestones and critical path
4. Schedule 4 - Key Personnel: List of key personnel from both parties and their roles
5. Schedule 5 - Required Insurance: Detailed insurance requirements and coverage limits
6. Schedule 6 - Forms and Templates: Standard forms for progress reports, change orders, and payment applications
7. Schedule 7 - Site Information: Site details, surveys, and existing condition reports
8. Schedule 8 - Permits and Approvals: List of required permits and responsible parties
9. Schedule 9 - Quality Control Plan: Detailed quality control procedures and requirements
10. Schedule 10 - HSE Requirements: Detailed health, safety, and environmental requirements
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