The Building Work Agreement is a fundamental legal document used in Malta's construction industry to formalize the relationship between property owners/developers and contractors. This agreement is essential for any construction project in Malta, whether residential, commercial, or industrial, and must comply with the Building Regulation Act (Chapter 513), the Civil Code (Chapter 16), and other relevant Maltese legislation. The document typically includes detailed specifications of the construction work, payment structures, timelines, quality standards, and regulatory compliance requirements. It serves as a crucial tool for risk management and project governance, incorporating specific provisions required under Maltese law while protecting the interests of all parties involved in the construction process.
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1. Parties: Identification and details of the Employer and the Contractor, including registration numbers and registered addresses
2. Background: Context of the agreement, including brief description of the project and property details
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Price and Payment Terms: Agreement on pricing, payment schedule, and payment conditions
6. Timeline and Completion: Project timeline, completion dates, and provisions for extensions of time
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. Permits and Compliance: Requirements for obtaining necessary permits and ensuring regulatory compliance
11. Insurance and Liability: Insurance requirements and allocation of risks
12. Variations: Process for handling changes to the agreed scope of works
13. Defects and Warranties: Defects liability period and warranty provisions
14. Termination: Grounds and process for contract termination
15. Dispute Resolution: Process for resolving disputes between parties
16. General Provisions: Standard legal provisions including notices, governing law, and entire agreement
1. Site Access and Conditions: Used when specific arrangements for site access or particular site conditions need to be addressed
2. Subcontracting: Include when the contractor may need to engage subcontractors
3. Environmental Requirements: Required for projects with specific environmental considerations or requirements
4. Health and Safety: Detailed section needed for complex projects with specific safety requirements
5. Retention: Include when a retention amount is to be held from payments
6. Performance Bond: Required when a performance bond or guarantee is part of the agreement
7. Liquidated Damages: Include when specific penalties for delay or non-performance are agreed
8. Testing and Commissioning: Needed for projects requiring specific testing procedures before handover
1. Schedule 1 - Scope of Works: Detailed specifications, drawings, and technical requirements
2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of costs and bill of quantities
3. Schedule 3 - Project Timeline: Detailed project program including milestones and completion dates
4. Schedule 4 - Payment Schedule: Detailed payment terms including stage payments
5. Schedule 5 - Insurance Requirements: Specific insurance requirements and coverage levels
6. Schedule 6 - Planning Permits: Copies of relevant planning permissions and permits
7. Schedule 7 - Site Plans: Detailed site plans and drawings
8. Schedule 8 - Quality Standards: Specific quality standards and testing requirements
9. Appendix A - Form of Payment Certificate: Template for payment certificates
10. Appendix B - Form of Variation Order: Template for variation orders
11. Appendix C - Health and Safety Requirements: Detailed health and safety procedures and requirements
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