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Agreement For Construction Work

Agreement For Construction Work Template for Germany

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Key Requirements PROMPT example:

Agreement For Construction Work

"I need an Agreement For Construction Work under German law for building a sustainable commercial office complex in Munich, with special emphasis on green building standards and LEED certification requirements, planned to commence in March 2025."

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Document background
The Agreement For Construction Work (Bauvertrag) is a fundamental document in German construction law, essential for any significant construction project in Germany. It establishes the legal and operational framework for construction works, incorporating requirements from the German Civil Code (BGB), particularly sections 631-651, and often referencing the VOB/B (German Construction Contract Procedures). This agreement is used when a principal engages a contractor to perform construction works, whether for new buildings, renovations, or infrastructure projects. It includes crucial elements such as scope definition, pricing structures, completion timelines, quality standards, and risk allocation. The document must comply with German building regulations, environmental requirements, and worker protection laws, while providing clear mechanisms for project execution, monitoring, and dispute resolution. It's particularly important that the agreement addresses specific German legal requirements regarding defect liability (Gewährleistung) and formal acceptance procedures (Abnahme).
Suggested Sections

1. Parties: Identification of the contracting parties (Employer/Principal and Contractor) with full legal names and addresses

2. Background: Context of the construction project and brief description of the 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, including reference to technical specifications

5. Contract Price and Payment Terms: Agreement on compensation, payment schedule, and invoicing procedures

6. Time for Completion: Project timeline, including start date, completion date, and any milestone dates

7. Contractor's Obligations: Key responsibilities of the contractor, including quality standards, materials, and workforce

8. Principal's Obligations: Key responsibilities of the principal, including site access, permits, and approvals

9. Changes to the Work: Procedures for variations and change orders

10. Quality Assurance and Inspection: Quality control requirements and inspection procedures

11. Acceptance of Work: Procedures for work acceptance and handover

12. Defects Liability: Warranty provisions and defect rectification procedures

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

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. Termination: Grounds and procedures for contract termination

16. Dispute Resolution: Procedures for handling disputes, including jurisdiction and applicable law

17. Final Provisions: Miscellaneous legal provisions including severability, entire agreement, and amendments

Optional Sections

1. Site Conditions: Detailed provisions regarding site conditions and geological risks, used for complex construction projects

2. Environmental Protection: Specific environmental requirements and protection measures, necessary for projects with significant environmental impact

3. Subcontracting: Rules and procedures for subcontracting, included when subcontractors are expected to be used

4. Performance Security: Requirements for performance bonds or guarantees, typically for larger projects

5. Intellectual Property Rights: IP provisions when design elements or innovative construction methods are involved

6. Confidentiality: Confidentiality obligations, important for projects involving proprietary methods or sensitive information

7. Building Information Modeling (BIM): BIM-related obligations and procedures, required for projects using BIM

8. Health and Safety Requirements: Detailed health and safety provisions beyond statutory requirements, for high-risk or complex projects

Suggested Schedules

1. Schedule 1: Technical Specifications: Detailed technical requirements and specifications for the construction work

2. Schedule 2: Site Plan and Drawings: Construction drawings, site plans, and design documents

3. Schedule 3: Bill of Quantities: Detailed breakdown of quantities and prices for the work

4. Schedule 4: Project Timeline: Detailed construction schedule with milestones

5. Schedule 5: Payment Schedule: Detailed payment terms, including milestone payments and payment procedures

6. Schedule 6: Quality Requirements: Specific quality standards, testing procedures, and acceptance criteria

7. Schedule 7: List of Approved Subcontractors: Pre-approved subcontractors and their scope of work

8. Schedule 8: Forms and Certificates: Template forms for various notices, certificates, and other formal communications

9. Schedule 9: Insurance Requirements: Detailed insurance specifications and coverage 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Architect
As-Built Documents
Building Permit
Certificate of Completion
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Period
Construction Schedule
Construction Site
Contract Price
Contractor
Contractor's Equipment
Day
Defects Liability Period
Deliverables
Design Documents
Drawings
Environmental Requirements
Force Majeure Event
Formal Acceptance
Good Industry Practice
Governing Law
Hazardous Materials
Health and Safety Plan
Insurance Requirements
Intellectual Property Rights
Milestone Dates
Notice
Payment Schedule
Performance Security
Permits
Principal
Project
Project Manager
Quality Assurance Plan
Scope of Work
Site
Site Conditions
Specifications
Subcontractor
Substantial Completion
Technical Standards
Variation
VOB/B
Warranty Period
Work
Working Day
Clauses
Interpretation
Scope of Work
Contract Price
Payment Terms
Time for Completion
Variations
Quality Control
Testing and Inspection
Health and Safety
Environmental Protection
Site Access
Materials and Equipment
Contractor Obligations
Principal Obligations
Construction Schedule
Progress Reports
Subcontracting
Insurance
Indemnification
Warranties
Defects Liability
Force Majeure
Suspension
Termination
Dispute Resolution
Confidentiality
Assignment
Notices
Governing Law
Intellectual Property
Performance Security
Site Conditions
Permits and Approvals
Work Acceptance
Documentation
Risk Allocation
Liability
Labor Requirements
Change Management
Completion and Handover
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Public Works

Engineering

Architecture

Urban Development

Relevant Teams

Legal

Operations

Project Management

Construction

Procurement

Risk Management

Finance

Technical Services

Quality Assurance

Health and Safety

Environmental Compliance

Commercial

Business Development

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Chief Operating Officer

Development Director

Site Manager

Procurement Manager

Risk Manager

Technical Director

Commercial Director

Chief Financial Officer

Architect

Quantity Surveyor

Construction Engineer

Quality Control Manager

Health and Safety Manager

Environmental Compliance Officer

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Sections 631-651, particularly relevant for work and services contracts (Werkvertrag), defining basic contractual obligations, acceptance procedures, and warranty rights
VOB/B (Vergabe- und Vertragsordnung für Bauleistungen, Teil B): Standard German Construction Contract Procedures, providing detailed regulations for construction contracts including execution of construction work, payment terms, acceptance, and warranty
German Building Code (Baugesetzbuch - BauGB): Federal law governing construction planning and permitting requirements
State Building Regulations (Landesbauordnung): State-specific building regulations that must be complied with during construction
Occupational Safety and Health Act (Arbeitsschutzgesetz - ArbSchG): Regulations concerning workplace safety and health protection on construction sites
Construction Site Ordinance (Baustellenverordnung - BaustellV): Specific regulations for safety and health protection on construction sites
German Act on Posted Workers (Arbeitnehmer-Entsendegesetz - AEntG): Regulations concerning minimum working conditions for workers, including those in the construction sector
Environmental Impact Assessment Act (Umweltverträglichkeitsprüfungsgesetz - UVPG): Requirements for environmental impact assessments in construction projects
German Commercial Code (Handelsgesetzbuch - HGB): Relevant for commercial aspects and business relationships in construction contracts
General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG): Anti-discrimination regulations that must be considered in employment and business relationships
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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