Nominated Subcontractor Agreement Template for Belgium

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Key Requirements PROMPT example:

Nominated Subcontractor Agreement

"I need a Nominated Subcontractor Agreement under Belgian law for specialized HVAC installation works valued at €2.5M for a hospital renovation project in Brussels, with work scheduled to commence in March 2025 and including specific provisions for working in operational healthcare facilities."

Document background
The Nominated Subcontractor Agreement is a specialized construction contract used when an employer exercises their right to select specific subcontractors for portions of a project while maintaining the main contractor's overall responsibility. This agreement, governed by Belgian law, establishes the legal and operational framework between the main contractor and the nominated subcontractor, addressing critical aspects such as work scope, payment terms, coordination requirements, and risk allocation. It is particularly important in complex projects where specialized expertise is required, and the employer wants to maintain control over the selection of key subcontractors while benefiting from the main contractor's project management capabilities. The agreement must comply with Belgian construction laws, social security regulations, and registration requirements, while also addressing specific requirements for public works when applicable. It typically includes detailed provisions for quality control, progress monitoring, and dispute resolution, reflecting the sophisticated nature of nominated subcontractor arrangements in the Belgian construction sector.
Suggested Sections

1. Parties: Identification of the Main Contractor, Nominated Subcontractor, and reference to the Employer

2. Background: Context of the main contract, nomination process, and subcontract works

3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including reference to main contract terms

4. Scope of Subcontract Works: Detailed description of the subcontract works, including obligations and standards

5. Main Contract Flow-Down: Provisions making relevant main contract terms binding on the subcontractor

6. Performance and Quality Standards: Required standards, quality assurance, and compliance requirements

7. Programme and Time for Completion: Timeline, milestones, and coordination with main works

8. Price and Payment: Subcontract price, payment terms, VAT provisions, and payment security

9. Variations: Procedures for handling changes to subcontract works

10. Design Responsibilities: Extent of design obligations and approval processes

11. Site Access and Facilities: Rights and conditions for accessing and using the site

12. Health, Safety and Environment: HSE requirements and compliance obligations

13. Insurance and Liability: Required insurance coverage and liability allocation

14. Warranties and Defects: Warranty obligations and defects correction procedures

15. Suspension and Termination: Rights and procedures for suspension and termination

16. Dispute Resolution: Dispute resolution procedures and governing law

17. General Provisions: Miscellaneous legal provisions including notices, assignment, and severability

Optional Sections

1. Performance Security: Requirements for bonds or guarantees when additional security is required

2. Intellectual Property Rights: IP provisions when design or innovative methods are involved

3. Confidentiality: Detailed confidentiality provisions for sensitive projects

4. Building Information Modeling: BIM obligations when project uses BIM

5. Social Clauses: Special provisions for employment and training when required by public contracts

6. Environmental Requirements: Additional environmental obligations for environmentally sensitive projects

7. Force Majeure: Detailed force majeure provisions for high-risk projects

8. Language Requirements: Language provisions for projects in multilingual regions of Belgium

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specification of the subcontract works

2. Schedule 2 - Programme: Detailed programme of works including key dates and milestones

3. Schedule 3 - Price and Payment Schedule: Breakdown of price, rates, and payment milestones

4. Schedule 4 - Site Rules and Procedures: Site-specific requirements and procedures

5. Schedule 5 - Form of Collateral Warranty: Form of warranty to be provided to employer or third parties

6. Schedule 6 - Quality Assurance Requirements: Detailed quality control and assurance procedures

7. Schedule 7 - Forms of Bonds/Guarantees: Templates for required performance security

8. Schedule 8 - Insurance Requirements: Detailed insurance specifications and minimum coverage

9. Schedule 9 - Key Personnel: List of key personnel and their roles

10. Schedule 10 - Relevant Main Contract Extracts: Relevant excerpts from the main contract

11. Appendix A - Drawings and Technical Documents: List of drawings and technical documentation

12. Appendix B - Health and Safety Plan: Project-specific health and safety requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Construction

Infrastructure

Real Estate Development

Engineering

Manufacturing

Energy

Telecommunications

Public Works

Healthcare Infrastructure

Education Infrastructure

Transport Infrastructure

Industrial Construction

Relevant Teams

Legal

Commercial

Procurement

Operations

Construction

Technical

Finance

Risk Management

Project Management

Contract Administration

Design

Quality Assurance

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Commercial Director

Legal Counsel

Procurement Manager

Technical Director

Site Manager

Quantity Surveyor

Cost Controller

Risk Manager

Operations Director

Chief Engineer

Design Manager

Construction Director

Commercial Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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