Nominated Subcontractor Agreement for Malta

Nominated Subcontractor Agreement Template for Malta

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Nominated Subcontractor Agreement

"I need a Nominated Subcontractor Agreement under Maltese law for a specialized mechanical and electrical installation project in a new hospital development, with particular emphasis on healthcare industry compliance and strict quality control measures."

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What is a Nominated Subcontractor Agreement?

The Nominated Subcontractor Agreement is a crucial document in construction projects where specific works require specialized expertise or where the Employer wishes to maintain control over the selection of certain subcontractors. This agreement, governed by Maltese law, establishes the legal and operational framework for the relationship between the Main Contractor and a subcontractor who has been nominated by the Employer. It is particularly relevant in complex construction projects where specialized works (such as mechanical, electrical, or facade installations) are required. The document addresses key aspects including payment mechanisms, quality standards, coordination requirements, and risk allocation, while ensuring compliance with Malta's Civil Code, Building Regulation Act, and relevant construction regulations. The agreement is designed to protect all parties' interests while maintaining clear lines of responsibility and communication between the Employer, Main Contractor, and Nominated Subcontractor.

What sections should be included in a Nominated Subcontractor Agreement?

1. Parties: Identifies and provides details of the Main Contractor and Nominated Subcontractor, including registered addresses and company details

2. Background: Explains the context of the agreement, including reference to the main contract and the nomination process

3. Definitions: Defines key terms used throughout the agreement, including specific construction and technical terms

4. Scope of Works: Detailed description of the subcontract works to be performed

5. Contract Sum and Payment Terms: Specifies the agreed price, payment schedule, and mechanisms for variations

6. Time for Completion: Sets out the commencement date, completion date, and any milestone dates

7. Main Contractor's Obligations: Details the Main Contractor's responsibilities, including site access and coordination

8. Subcontractor's Obligations: Comprehensive list of the Subcontractor's duties, responsibilities, and warranties

9. Quality and Standards: Specifies required quality standards, inspections, and approval processes

10. Variations: Procedures for handling changes to the scope of works

11. Insurance and Indemnities: Required insurance coverage and indemnification obligations

12. Defects Liability: Responsibilities for rectifying defects and duration of liability period

13. Termination: Grounds and procedures for contract termination

14. Dispute Resolution: Procedures for resolving disputes between parties

15. Governing Law and Jurisdiction: Specifies Maltese law as governing law and relevant jurisdiction

What sections are optional to include in a Nominated Subcontractor Agreement?

1. Performance Security: Required when performance bonds or guarantees are needed for the subcontract works

2. Intellectual Property Rights: Included when the works involve design responsibilities or proprietary systems

3. Confidentiality: Added when dealing with sensitive information or proprietary construction methods

4. Force Majeure: Detailed provisions for unforeseen events, recommended for longer-term or complex projects

5. Environmental Compliance: Required when works have significant environmental implications

6. Health and Safety Requirements: Detailed section needed for high-risk construction activities

7. Materials and Plant: Detailed provisions when significant materials or plant are supplied by the subcontractor

8. Design Responsibility: Included when the subcontractor has design obligations

9. Liquidated Damages: Added when specific damages for delay or performance failures are required

What schedules should be included in a Nominated Subcontractor Agreement?

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings for the subcontract works

2. Schedule 2 - Program of Works: Detailed timeline and methodology for executing the works

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

4. Schedule 4 - Site Information: Details of the construction site and access arrangements

5. Schedule 5 - Quality Assurance Requirements: Specific quality standards and testing requirements

6. Schedule 6 - Forms of Bonds and Guarantees: Templates for required security documents

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and coverage limits

8. Schedule 8 - Key Personnel: List of key staff and their qualifications

9. Appendix A - Main Contract Extracts: Relevant portions of the main contract affecting the subcontract

10. Appendix B - Health and Safety Requirements: Specific health and safety procedures and 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

Healthcare Construction

Hospitality Construction

Public Works

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Relevant Teams

Legal

Construction

Commercial

Procurement

Operations

Project Management

Risk Management

Finance

Technical

Contracts Administration

Executive Leadership

Relevant Roles

Construction Manager

Project Director

Commercial Director

Contracts Manager

Legal Counsel

Project Manager

Quantity Surveyor

Construction Director

Procurement Manager

Risk Manager

Operations Manager

Technical Director

Site Manager

Commercial Manager

Chief Executive Officer

Managing Director

Legal Director

Finance Director

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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