Engineering And Construction Subcontract Template for Belgium

The Engineering And Construction Subcontract is essential for projects where specialized works need to be delegated to qualified subcontractors. This document is particularly crucial in the Belgian construction industry, where strict regulations govern subcontracting relationships and construction standards. It should be used when a main contractor needs to engage a subcontractor for specific engineering or construction works, ensuring compliance with Belgian law, including the Civil Code provisions on construction contracts and specific construction safety regulations. The document covers crucial aspects such as scope definition, payment terms, quality requirements, safety standards, and liability allocation, while ensuring proper flow-down of main contract obligations. It's designed to protect both parties' interests while maintaining compliance with Belgian construction industry requirements and standards.

1. Parties: Identification of the main contractor and subcontractor, including registration numbers and authorized representatives

2. Background: Context of the main contract and the need for subcontracting specific works

3. Definitions: Defined terms used throughout the agreement, including technical terms and project-specific definitions

4. Scope of Works: Detailed description of the subcontracted works, including references to specifications and drawings

5. Main Contract Flow-Down: Provisions incorporating relevant terms from the main contract and subcontractor's obligations in relation to them

6. Program and Timeline: Project schedule, milestones, and completion dates, including coordination with other contractors

7. Price and Payment: Subcontract price, payment schedule, variations procedure, and payment conditions

8. Materials and Equipment: Requirements for materials, equipment provision, and quality standards

9. Quality Assurance: Quality control requirements, inspections, and acceptance procedures

10. Health, Safety and Environment: Safety requirements, environmental compliance, and site rules

11. Subcontractor's Obligations: General and specific obligations including workforce, supervision, and compliance requirements

12. Main Contractor's Obligations: Main contractor's responsibilities including site access, coordination, and information provision

13. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions

14. Warranties: Workmanship warranties, material guarantees, and warranty period obligations

15. Variations: Procedures for handling changes to scope, pricing, or timeline

16. Termination: Grounds and procedures for contract termination, including consequences

17. Force Majeure: Definition and consequences of force majeure events

18. Dispute Resolution: Procedures for resolving disputes, including applicable law and jurisdiction

19. General Provisions: Standard contractual provisions including notices, assignments, and amendments