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1. Parties: Identification and details of the Principal (Auftraggeber) and General Contractor (Generalunternehmer)
2. Background: Context of the agreement and brief description of the project
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Scope of Work: Detailed description of the works to be performed, including main contractor obligations and deliverables
5. Project Timeline: Project schedule, milestones, completion dates, and any specific time-related obligations
6. Compensation and Payment Terms: Contract price, payment schedule, invoicing requirements, and payment conditions
7. Quality Requirements: Quality standards, applicable technical norms, and acceptance criteria
8. Contractor's Obligations: General and specific obligations of the contractor, including coordination with subcontractors
9. Principal's Obligations: Obligations of the principal, including provision of information and access to site
10. Subcontracting: Rules and conditions for engaging subcontractors, including approval requirements
11. Warranties and Guarantees: Warranty periods, types of guarantees, and remedy procedures as per German law
12. Liability and Insurance: Liability provisions, required insurance coverage, and indemnification obligations
13. Changes and Variations: Procedures for handling changes to scope, price, or timeline
14. Force Majeure: Definition of force majeure events and their consequences
15. Termination: Grounds for termination, procedures, and consequences
16. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
17. Notices: Communication procedures and contact details for official notices
18. Confidentiality: Obligations regarding confidential information and trade secrets
1. Performance Bond: Required when specific performance guarantees are needed, detailing bond requirements and conditions
2. Intellectual Property Rights: Needed when the work involves creation or use of intellectual property
3. Environmental Compliance: Required for projects with significant environmental impact or specific environmental requirements
4. Site Safety Requirements: Detailed safety provisions for high-risk or complex construction projects
5. Liquidated Damages: Specific penalties for delay or non-performance, when agreed between parties
6. Dispute Resolution: Alternative dispute resolution procedures, if parties prefer specific mechanisms before court litigation
7. Language: Required for international projects where multiple languages may be used
8. Building Information Modeling (BIM): Needed for projects utilizing BIM technology and requiring specific protocols
1. Schedule 1 - Detailed Scope of Work: Technical specifications, drawings, and detailed work descriptions
2. Schedule 2 - Project Schedule: Detailed timeline, Gantt charts, and milestone dates
3. Schedule 3 - Price Schedule: Detailed breakdown of prices, rates, and payment milestones
4. Schedule 4 - Key Personnel: List of key personnel from both parties with roles and responsibilities
5. Schedule 5 - Technical Standards: Applicable technical norms, standards, and quality requirements
6. Schedule 6 - Form of Warranties: Template warranty certificates and guarantee forms
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
8. Schedule 8 - Subcontractors: List of approved subcontractors and their scope of work
9. Appendix A - Site Information: Site details, access requirements, and existing conditions
10. Appendix B - Forms and Templates: Standard forms for change orders, progress reports, and other project documents
Applicable Laws
Approved Subcontractors
Acceptance Certificate (Abnahmeprotokoll)
Background IP
Business Day
Change Order (Nachtragsvereinbarung)
Commencement Date
Completion Date
Confidential Information
Construction Documents
Contract Price
Contractor's Equipment
Defects (Mängel)
Deliverables
Effective Date
Force Majeure
Good Industry Practice
Governing Law
Intellectual Property Rights
Key Personnel
Liquidated Damages (Vertragsstrafe)
Milestone
Notice
Performance Bond (Bürgschaft)
Performance Tests
Project
Project Manager
Project Schedule
Principal's Requirements
Quality Standards
Remedial Period
Site
Scope of Work (Leistungsverzeichnis)
Specifications
Substantial Completion (Wesentliche Fertigstellung)
Technical Standards
Term
Testing and Commissioning
Time for Completion
Variation
Warranty Period (Gewährleistungsfrist)
Work
Work Product
Working Hours
Scope of Work
Contract Price
Payment Terms
Project Timeline
Quality Standards
Testing and Inspection
Health and Safety
Environmental Compliance
Site Access and Conditions
Materials and Equipment
Subcontracting
Staff and Labor
Progress Reporting
Changes and Variations
Delay and Extension of Time
Defects Liability
Warranties
Insurance
Performance Security
Intellectual Property
Confidentiality
Force Majeure
Suspension
Termination
Liability and Indemnification
Assignment and Transfer
Dispute Resolution
Governing Law
Notices
Record Keeping
Compliance with Laws
Anti-Corruption
Data Protection
Entire Agreement
Construction
Real Estate Development
Infrastructure
Industrial Manufacturing
Energy
Telecommunications
Commercial Property
Residential Development
Healthcare Facilities
Education Facilities
Retail Development
Hospitality
Data Centers
Transportation
Legal
Commercial
Procurement
Operations
Project Management
Risk Management
Technical
Finance
Compliance
Quality Assurance
Health and Safety
Business Development
Project Director
Construction Manager
Contract Manager
Legal Counsel
Commercial Director
Procurement Manager
Technical Director
Risk Manager
Chief Operating Officer
Development Director
Site Manager
Quality Assurance Manager
Health and Safety Manager
Financial Controller
Compliance Officer
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