The Standard Construction Contract is designed for use in Belgian construction projects, providing a comprehensive legal framework that aligns with Belgian Civil Code requirements and construction regulations. This document is essential when engaging contractors for construction works, whether for commercial, residential, or industrial projects. It incorporates mandatory provisions required by Belgian law, including LOI Breyne protections for residential construction, worker safety requirements, and environmental compliance measures. The contract addresses key aspects such as payment terms, project timelines, quality standards, and dispute resolution mechanisms, while allowing flexibility for project-specific requirements. It serves as a foundational document for managing construction relationships, ensuring clear allocation of responsibilities and risks between parties, and providing mechanisms for project execution and completion in accordance with Belgian legal standards.
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1. Parties: Identification and details of the contracting parties (Owner/Employer and Contractor)
2. Background: Context of the construction project and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
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. Project Timeline: Construction schedule, milestones, and completion dates
7. Contractor Obligations: Key responsibilities and obligations of the contractor
8. Employer Obligations: Key responsibilities and obligations of the employer
9. Materials and Workmanship: Standards for materials and quality of work
10. Site Access and Conditions: Rules regarding access to and use of the construction site
11. Variations: Procedures for handling changes to the scope of work
12. Health and Safety: Safety requirements and responsibilities
13. Insurance and Liability: Required insurance coverage and liability allocation
14. Warranties and Defects: Warranty terms and defect rectification procedures
15. Force Majeure: Provisions for unforeseen circumstances and their handling
16. Termination: Conditions and procedures for contract termination
17. Dispute Resolution: Procedures for handling disputes
18. Governing Law: Specification of Belgian law as governing law and jurisdiction
1. Environmental Protection: Additional environmental requirements for projects with specific environmental impacts
2. Subcontracting: Rules and conditions for subcontracting, if permitted
3. Performance Security: Requirements for performance bonds or guarantees
4. Intellectual Property: IP rights provisions where design or innovative construction methods are involved
5. Confidentiality: Confidentiality obligations for sensitive projects
6. Project Management: Specific project management procedures for complex projects
7. Quality Control: Additional quality control measures for specialized construction
8. Permits and Approvals: Specific section on responsibility for obtaining permits for complex projects
9. Archaeological Findings: Procedures for handling archaeological discoveries during construction
10. Public Relations: Requirements for managing public relations in high-profile projects
1. Schedule 1 - Technical Specifications: Detailed technical specifications of the construction works
2. Schedule 2 - Construction Drawings: Approved construction drawings and plans
3. Schedule 3 - Bill of Quantities: Detailed breakdown of quantities and prices
4. Schedule 4 - Project Timeline: Detailed project schedule with milestones
5. Schedule 5 - Payment Schedule: Detailed payment terms and milestone payments
6. Schedule 6 - Site Plan: Detailed plan of the construction site and access routes
7. Schedule 7 - Quality Standards: Specific quality standards and testing requirements
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage levels
9. Schedule 9 - Health and Safety Plan: Detailed health and safety procedures and requirements
10. Schedule 10 - Environmental Management Plan: Environmental protection measures and requirements
11. Appendix A - Forms and Certificates: Standard forms for variations, completion certificates, etc.
12. Appendix B - Key Personnel: List of key personnel from both parties with roles and contacts
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