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Construction Non Disclosure Agreement

Construction Non Disclosure Agreement Template for Nigeria

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Key Requirements PROMPT example:

Construction Non Disclosure Agreement

"I need a Construction Non Disclosure Agreement for a large-scale residential development project in Lagos, Nigeria, where we'll be sharing innovative sustainable construction methods with multiple subcontractors starting March 2025."

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Document background
This Construction Non-Disclosure Agreement is essential for protecting sensitive information in Nigerian construction projects. It should be used whenever confidential information needs to be shared between parties involved in construction activities, including but not limited to project plans, proprietary construction methods, pricing strategies, and technical specifications. The document is specifically designed to comply with Nigerian legal requirements, including the Contract Act and relevant data protection regulations. It addresses the complex nature of construction projects where information must be shared across multiple stakeholders while maintaining confidentiality. The agreement is particularly relevant for high-value construction projects, innovative construction methods, or situations involving proprietary designs and technologies.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including their registered addresses and company details

2. Background: Context of the construction project and reason for sharing confidential information

3. Definitions: Detailed definitions including 'Confidential Information', 'Construction Project', 'Site', 'Technical Information', and other relevant terms

4. Scope of Confidential Information: Specific types of confidential information covered, particularly relating to construction plans, designs, costs, and methodologies

5. Obligations of Confidentiality: Core confidentiality obligations, including handling and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information can be shared, including with necessary subcontractors and professional advisors

7. Security Measures: Required security measures for protecting confidential information, both physical and digital

8. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon project completion or termination

9. Duration of Obligations: Time period for which confidentiality obligations remain in force

10. Breach and Remedies: Consequences of breach and available remedies under Nigerian law

11. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Intellectual Property Rights: Additional provisions protecting IP rights in construction designs and innovations - include when original designs or innovative construction methods are involved

2. Data Protection Compliance: Specific provisions for compliance with Nigerian data protection regulations - include when personal data processing is involved

3. Site Access and Security: Provisions regarding confidentiality obligations during site visits - include for projects with sensitive locations or security concerns

4. Digital Information Security: Specific provisions for protecting digital information and BIM models - include for projects with significant digital components

5. Subcontractor Obligations: Detailed provisions for ensuring subcontractor compliance - include for large projects with multiple subcontractors

6. Marketing and Publicity: Restrictions on using project information for marketing - include for high-profile construction projects

7. Force Majeure: Provisions for handling confidentiality during force majeure events - include for long-term projects

8. Insurance Requirements: Specific insurance requirements related to confidential information - include for high-value projects

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list of types of confidential information specific to the construction project

2. Schedule 2 - Authorized Representatives: List of authorized personnel who may access confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Approved Subcontractors: List of pre-approved subcontractors who may receive confidential information

5. Appendix A - Confidentiality Acknowledgment Form: Template form for employees/subcontractors to acknowledge confidentiality obligations

6. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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
Confidential Information
Construction Project
Project Site
Technical Information
Proprietary Information
Disclosing Party
Receiving Party
Authorized Representative
Permitted Purpose
Construction Documents
Project Specifications
Building Plans
Construction Methodology
Trade Secrets
Intellectual Property Rights
Affiliate
Representatives
Subcontractor
Professional Advisors
Confidentiality Period
Security Measures
Material Breach
Digital Information
Building Information Model (BIM)
Project Timeline
Construction Schedule
Tender Documents
Cost Information
Project Team
Site Access
Working Hours
Permitted Disclosure
Return Period
Destruction Certificate
Force Majeure Event
Governing Law
Jurisdiction
Dispute Resolution
Notice
Business Day
Effective Date
Term
Termination Date
Survival Period
Construction Equipment
Project Materials
Quality Standards
Safety Protocols
Pricing Information
Commercial Terms
Relevant Industries

Construction

Real Estate

Infrastructure Development

Energy & Utilities

Industrial Development

Commercial Property

Residential Development

Mining

Oil & Gas

Healthcare Construction

Educational Facilities

Hospitality

Retail Development

Transportation Infrastructure

Government & Public Works

Relevant Teams

Legal

Operations

Project Management

Construction

Design

Procurement

Commercial

Risk & Compliance

Business Development

Technical Services

Contract Administration

Executive Leadership

Relevant Roles

Project Manager

Construction Manager

Site Engineer

Architect

Quantity Surveyor

Procurement Manager

Contract Administrator

Legal Counsel

Chief Executive Officer

Operations Director

Technical Director

Business Development Manager

Risk Manager

Compliance Officer

Construction Supervisor

Design Manager

Commercial Manager

Industries
Nigerian Contract Law (Contract Act): Fundamental law governing contract formation, validity, and enforcement in Nigeria, ensuring the NDA meets basic contractual requirements
Freedom of Information Act 2011: Regulates information disclosure and confidentiality in Nigeria, important for defining what information can be classified as confidential
National Information Technology Development Agency Act 2007: Governs data protection and privacy requirements, relevant for handling digital confidential information
Nigeria Data Protection Regulation 2019: Provides framework for handling personal and sensitive data, important for NDAs involving personal information
Patents and Designs Act: Protects intellectual property rights, relevant for confidential construction designs and innovations
Copyright Act: Protects original works including construction plans and documents that may be subject to the NDA
National Office for Technology Acquisition and Promotion Act: Regulates transfer of technology and technical proprietary information in Nigeria
Nigerian Institute of Architects Act: Provides professional guidelines that may affect confidentiality obligations in architectural aspects of construction
Council of Registered Engineers of Nigeria Act: Contains provisions affecting engineering aspects and related confidential information in construction projects
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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