Construction Non Disclosure Agreement Template for Philippines

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Key Requirements PROMPT example:

Construction Non Disclosure Agreement

"I need a Construction Non Disclosure Agreement under Philippine law for a large-scale commercial development project starting in March 2025, involving multiple international contractors and subcontractors, with specific provisions for protecting BIM models and digital construction data."

Document background

The Construction Non Disclosure Agreement is essential for protecting confidential information in Philippine construction projects. It should be used whenever parties need to share sensitive information during construction project planning, bidding, execution, or consultation phases. The document ensures compliance with Philippine law, including the Civil Code, Data Privacy Act, and construction industry regulations. It covers various types of confidential information including construction methodologies, technical specifications, pricing data, architectural designs, engineering solutions, and proprietary construction techniques. This agreement is particularly important given the competitive nature of the Philippine construction industry and the need to protect intellectual property and trade secrets in construction projects.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including their legal business names, addresses, and registration details

2. Background: Context of the agreement, nature of the construction project, and the purpose of sharing confidential information

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

4. Scope of Confidential Information: Specific types of confidential information covered, including construction plans, designs, methodologies, pricing, technical specifications, and proprietary processes

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

6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, subcontractors, or professional advisors

7. Security Measures: Required security protocols for protecting physical and electronic confidential information

8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon project completion or termination

9. Term and Survival: Duration of the agreement and surviving obligations after termination

10. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Subcontractor Obligations: Additional provisions for projects requiring subcontractor involvement, including flow-down confidentiality obligations

2. Digital Data Protection: Specific provisions for protecting digital construction data, BIM models, and electronic documentation

3. Site Access and Photography: Restrictions on site documentation and photography when project involves sensitive or proprietary construction methods

4. Intellectual Property Rights: Specific provisions regarding IP rights in construction designs and methodologies

5. Government Reporting: Provisions for projects requiring government approvals or reporting

6. International Data Transfer: For projects involving international contractors or data sharing across borders

7. Force Majeure: Provisions for handling confidentiality obligations during unexpected events or disasters

Suggested Schedules

1. Schedule A - Identified Confidential Information: Detailed list of specific documents, data, and information designated as confidential

2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information

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

4. Schedule D - Project Scope: Brief description of the construction project scope to contextualize the confidentiality requirements

5. Appendix 1 - Document Marking Requirements: Requirements for marking and identifying confidential documents

6. Appendix 2 - Data Handling Procedures: Specific procedures for handling different types 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Real Estate Development

Infrastructure

Engineering Services

Architecture

Industrial Development

Energy & Utilities

Mining & Resources

Commercial Property

Residential Development

Transportation Infrastructure

Public Works

Relevant Teams

Legal

Construction Management

Project Development

Engineering

Architecture

Procurement

Commercial

Technical Services

Quality Assurance

Contract Administration

Business Development

Risk Management

Operations

Design

Site Operations

Relevant Roles

Project Manager

Construction Manager

Site Engineer

Architectural Designer

Structural Engineer

Quantity Surveyor

Procurement Manager

Contract Administrator

Technical Director

Construction Director

Chief Engineer

Development Manager

Legal Counsel

Commercial Manager

Cost Controller

BIM Manager

Construction Superintendent

Quality Control Manager

Health and Safety Officer

Technical Consultant

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Authors

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