The Building Loan Contract is essential for construction and major renovation projects in the Netherlands where financing is required. This document type is commonly used when individuals or organizations need to finance new construction or significant property improvements, with funds being released in stages as construction progresses. The agreement establishes a construction account (bouwdepot) from which disbursements are made against completed work or specified milestones. It must comply with Dutch financial regulations, including the Financial Supervision Act (Wft) and mortgage lending rules, while also addressing construction-specific requirements. The document is particularly relevant for residential and commercial construction projects, incorporating consumer protection measures when applicable, and typically involves coordination between financial institutions, contractors, and various regulatory bodies.
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1. Parties: Identification of the lender (typically a bank or financial institution) and the borrower(s)
2. Background: Context of the loan agreement, including the construction project details and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the total loan amount and its intended use for construction
5. Interest Rate and Fees: Details of the applicable interest rate, calculation method, and any associated fees
6. Construction Account (Bouwdepot): Terms and conditions of the construction account, including management and access
7. Disbursement Conditions: Requirements and procedures for drawing down funds from the construction account
8. Payment Schedule: Timeline and conditions for loan repayments
9. Construction Timeline: Expected timeline for the construction project and related milestones
10. Security and Collateral: Details of security provided, including mortgage rights on the property
11. Borrower's Representations and Warranties: Statements and guarantees made by the borrower
12. Borrower's Obligations: Ongoing obligations of the borrower during construction and loan term
13. Lender's Rights: Rights and remedies available to the lender
14. Events of Default: Circumstances constituting default and consequences
15. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction details
16. Execution: Signature blocks and execution details
1. Insurance Requirements: Detailed insurance requirements - included when specific insurance policies are mandated beyond standard requirements
2. Environmental Compliance: Environmental obligations and warranties - included for projects with significant environmental considerations
3. Third-Party Guarantees: Terms of any third-party guarantees - included when there are additional guarantors
4. NHG Provisions: Specific provisions related to National Mortgage Guarantee - included when the loan is NHG-backed
5. Contractor Requirements: Specific requirements for contractors - included when the lender has specific contractor criteria
6. Property Management: Requirements for property management during construction - included for larger projects
7. Assignment and Transfer: Provisions regarding assignment of rights - included when transfer rights are negotiated
1. Schedule 1 - Property Details: Detailed description of the property and construction project
2. Schedule 2 - Construction Plans and Specifications: Approved construction plans and technical specifications
3. Schedule 3 - Cost Breakdown: Detailed breakdown of construction costs and budget
4. Schedule 4 - Disbursement Schedule: Detailed schedule of planned disbursements linked to construction milestones
5. Schedule 5 - Required Permits and Approvals: List of required permits and regulatory approvals
6. Schedule 6 - Form of Drawdown Request: Template for requesting disbursements from the construction account
7. Schedule 7 - Insurance Requirements: Detailed specifications of required insurance coverage
8. Appendix A - Key Contractor Information: Details of main contractors and subcontractors
9. Appendix B - Construction Timeline: Detailed project timeline with milestones
Relevant legal definitions
Agreement
Applicable Law
Approved Construction Plans
Architect
Building Inspector
Building Permit
Business Day
Construction Account (Bouwdepot)
Construction Completion Date
Construction Costs
Construction Documents
Construction Period
Construction Schedule
Contractor
Drawdown
Drawdown Request
Event of Default
Final Completion
Financial Statements
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Milestone
Mortgage
Mortgage Deed
NHG (Nationale Hypotheek Garantie)
Payment Date
Permits
Principal Amount
Project
Property
Regulatory Approvals
Repayment Date
Security
Security Documents
Specifications
Subcontractor
Substantial Completion
Technical Inspector
Term
Valuation Report
Works
Applicable Law
Approved Construction Plans
Architect
Building Inspector
Building Permit
Business Day
Construction Account (Bouwdepot)
Construction Completion Date
Construction Costs
Construction Documents
Construction Period
Construction Schedule
Contractor
Drawdown
Drawdown Request
Event of Default
Final Completion
Financial Statements
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Milestone
Mortgage
Mortgage Deed
NHG (Nationale Hypotheek Garantie)
Payment Date
Permits
Principal Amount
Project
Property
Regulatory Approvals
Repayment Date
Security
Security Documents
Specifications
Subcontractor
Substantial Completion
Technical Inspector
Term
Valuation Report
Works
Clauses
Loan Facility
Interest and Fees
Construction Account Management
Disbursement Conditions
Construction Requirements
Security and Collateral
Representations and Warranties
Covenants
Conditions Precedent
Payment Terms
Construction Milestones
Quality Standards
Insurance Requirements
Default Events
Remedies
Force Majeure
Assignment
Notices
Amendments
Dispute Resolution
Governing Law
Confidentiality
Data Protection
Environmental Compliance
Health and Safety
Regulatory Compliance
Inspection Rights
Documentation Requirements
Contractor Obligations
Property Access
Completion Requirements
Warranty Period
Termination Rights
Indemnification
Cost Overruns
Change Orders
Reporting Requirements
Consent Requirements
Third-Party Rights
Interest and Fees
Construction Account Management
Disbursement Conditions
Construction Requirements
Security and Collateral
Representations and Warranties
Covenants
Conditions Precedent
Payment Terms
Construction Milestones
Quality Standards
Insurance Requirements
Default Events
Remedies
Force Majeure
Assignment
Notices
Amendments
Dispute Resolution
Governing Law
Confidentiality
Data Protection
Environmental Compliance
Health and Safety
Regulatory Compliance
Inspection Rights
Documentation Requirements
Contractor Obligations
Property Access
Completion Requirements
Warranty Period
Termination Rights
Indemnification
Cost Overruns
Change Orders
Reporting Requirements
Consent Requirements
Third-Party Rights
Relevant Industries
Banking & Financial Services
Construction & Real Estate
Legal Services
Insurance
Property Development
Residential Housing
Commercial Real Estate
Architecture & Design
Urban Development
Relevant Teams
Legal
Credit Risk
Mortgage Services
Construction Management
Compliance
Real Estate Finance
Project Management
Property Development
Commercial Banking
Risk Management
Quality Assurance
Document Management
Relevant Roles
Loan Officer
Mortgage Advisor
Construction Project Manager
Real Estate Developer
Legal Counsel
Risk Manager
Financial Controller
Compliance Officer
Construction Site Manager
Property Developer
Bank Manager
Underwriter
Contract Administrator
Building Inspector
Quantity Surveyor
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