The Construction Contract Termination Agreement is a crucial document used when parties need to formally end their construction contractual relationship in Nigeria, whether by mutual consent or due to specific triggering events. It serves as a comprehensive framework for managing the termination process, ensuring compliance with Nigerian construction law, contract law, and relevant regulations. This document is essential when projects need to be closed out due to completion, breach, force majeure, or changed circumstances. It includes detailed provisions for financial settlements, asset handling, documentation transfer, and liability allocation. The agreement protects both parties' interests by clearly defining their rights and obligations during the termination process, while addressing specific requirements under Nigerian jurisdiction for construction project closure.
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1. Parties: Identification of the contracting parties including the employer/owner and contractor
2. Background: Context of the original construction contract and reasons for termination
3. Definitions: Key terms used throughout the agreement including reference to original contract definitions
4. Termination Date and Effect: Specific date of termination and immediate consequences
5. Outstanding Works Status: Current status of construction works and completion percentage
6. Payment Settlement: Final account calculations, including outstanding payments and retention monies
7. Site Handover: Procedures for securing and handing over the construction site
8. Materials and Equipment: Handling of construction materials, equipment and temporary works on site
9. Documentation Transfer: Transfer of relevant project documents, drawings, and permits
10. Warranties and Defects: Treatment of existing warranties and handling of defects liability period
11. Mutual Release: Release of claims and obligations between parties
12. Confidentiality: Obligations regarding confidential information post-termination
13. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction
14. Execution: Signature blocks and execution formalities
1. Dispute Resolution: Include when there are ongoing disputes or likely areas of disagreement requiring specific resolution procedures
2. Third Party Rights: Include when there are subcontractors, suppliers or other third parties with significant interests
3. Insurance: Include when specific insurance arrangements need to continue or be modified post-termination
4. Environmental Compliance: Include when there are specific environmental obligations or concerns requiring attention
5. Employee Matters: Include when there are employment issues requiring specific handling
6. Intellectual Property Rights: Include when there are significant IP rights in designs or technology to be addressed
7. Security Release: Include when there are performance bonds or other securities to be released
8. Tax Provisions: Include when there are specific tax implications requiring address
1. Schedule 1 - Original Contract Details: Details of the original construction contract and any variations
2. Schedule 2 - Outstanding Works Register: Detailed list of completed and incomplete works
3. Schedule 3 - Payment Settlement Calculation: Detailed breakdown of final account and payment terms
4. Schedule 4 - Site Inventory: List of materials, equipment and temporary works on site
5. Schedule 5 - Required Documentation: List of documents, certificates and warranties to be transferred
6. Schedule 6 - Handover Protocol: Detailed procedures for site handover and security
7. Appendix A - Site Plans: Current site plans and progress drawings
8. Appendix B - Outstanding Claims Register: List of any outstanding claims or disputes
Relevant legal definitions
Agreement
Original Contract
Termination Date
Completion Certificate
Defects Liability Period
Final Account
Outstanding Works
Practical Completion
Project Site
Retention Money
Site Materials
Construction Equipment
Temporary Works
As-Built Drawings
Project Documentation
Warranties
Performance Security
Intellectual Property Rights
Force Majeure Event
Dispute
Confidential Information
Business Day
Applicable Laws
Completion Date
Contract Price
Outstanding Claims
Payment Certificate
Professional Team
Site Access
Substantial Completion
Taking-Over Certificate
Third Party Rights
Variations
Works
Working Day
Handover Protocol
Release Date
Settlement Sum
Outstanding Payments
Material Adverse Effect
Regulatory Approvals
Environmental Requirements
Health and Safety Requirements
Quality Standards
Technical Specifications
Construction Documents
Project Manager
Contractor's Equipment
Employer's Requirements
Governing Law
Jurisdiction
Nigerian Time
Notices
Original Contract
Termination Date
Completion Certificate
Defects Liability Period
Final Account
Outstanding Works
Practical Completion
Project Site
Retention Money
Site Materials
Construction Equipment
Temporary Works
As-Built Drawings
Project Documentation
Warranties
Performance Security
Intellectual Property Rights
Force Majeure Event
Dispute
Confidential Information
Business Day
Applicable Laws
Completion Date
Contract Price
Outstanding Claims
Payment Certificate
Professional Team
Site Access
Substantial Completion
Taking-Over Certificate
Third Party Rights
Variations
Works
Working Day
Handover Protocol
Release Date
Settlement Sum
Outstanding Payments
Material Adverse Effect
Regulatory Approvals
Environmental Requirements
Health and Safety Requirements
Quality Standards
Technical Specifications
Construction Documents
Project Manager
Contractor's Equipment
Employer's Requirements
Governing Law
Jurisdiction
Nigerian Time
Notices
Clauses
Interpretation
Definitions
Termination
Payment
Site Handover
Equipment and Materials
Documentation
Warranties
Defects Liability
Insurance
Indemnification
Confidentiality
Intellectual Property
Environmental Compliance
Health and Safety
Labor and Employment
Dispute Resolution
Force Majeure
Notices
Assignment
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Governing Law
Jurisdiction
Release and Discharge
Survival
Representations and Warranties
Regulatory Compliance
Security Release
Outstanding Claims
Asset Transfer
Subcontractor Relations
Tax Matters
Further Assurance
Costs and Expenses
Counterparts
Definitions
Termination
Payment
Site Handover
Equipment and Materials
Documentation
Warranties
Defects Liability
Insurance
Indemnification
Confidentiality
Intellectual Property
Environmental Compliance
Health and Safety
Labor and Employment
Dispute Resolution
Force Majeure
Notices
Assignment
Severability
Entire Agreement
Amendment
Waiver
Third Party Rights
Governing Law
Jurisdiction
Release and Discharge
Survival
Representations and Warranties
Regulatory Compliance
Security Release
Outstanding Claims
Asset Transfer
Subcontractor Relations
Tax Matters
Further Assurance
Costs and Expenses
Counterparts
Relevant Industries
Construction
Infrastructure
Real Estate
Oil and Gas
Mining
Industrial Manufacturing
Power Generation
Commercial Development
Public Works
Healthcare Infrastructure
Educational Facilities
Transportation
Relevant Teams
Legal
Operations
Project Management
Commercial
Finance
Procurement
Risk & Compliance
Technical Services
Construction Management
Contract Administration
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Chief Executive Officer
Commercial Director
Operations Director
Site Manager
Quantity Surveyor
Project Engineer
Risk Manager
Procurement Manager
Finance Director
Technical Director
Compliance Officer
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