Construction Project Agreement for Saudi Arabia

Construction Project Agreement Template for Saudi Arabia

A comprehensive legal agreement governed by Saudi Arabian law that establishes the terms and conditions for the execution of a construction project. The document details the rights, obligations, and responsibilities of the contracting parties, typically between a project owner/employer and a contractor. It incorporates specific requirements of Saudi Arabian legislation, including compliance with the Government Tenders and Procurement Law, Saudi Building Code, and Sharia principles. The agreement covers crucial aspects such as scope of work, payment terms, project timeline, quality standards, safety requirements, and dispute resolution mechanisms, while ensuring alignment with local regulatory requirements and construction industry practices.

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What is a Construction Project Agreement?

The Construction Project Agreement is a fundamental legal document used in Saudi Arabia to establish a binding contractual relationship between project owners and contractors for construction works. This agreement is essential for any significant construction project in Saudi Arabia, whether in the public or private sector, and must comply with various local regulations including the Government Tenders and Procurement Law, Saudi Building Code, and Sharia principles. The document typically includes detailed specifications of the construction works, payment structures, timelines, quality standards, and risk allocation between parties. It's particularly important in the Saudi context due to specific local requirements such as Saudization policies, environmental regulations, and Islamic finance principles. The agreement serves as the primary reference document throughout the project lifecycle, from groundbreaking to completion and warranty period.

What sections should be included in a Construction Project Agreement?

1. Parties: Identification of the contracting parties including the employer/owner and the contractor, with full legal names and addresses

2. Background: Context of the construction project, including project overview and purpose

3. Definitions: Detailed definitions of terms used throughout the agreement, including technical construction terminology

4. Scope of Works: Detailed description of the construction works to be performed, including specifications and standards

5. Contract Price and Payment Terms: Payment structure, milestones, payment mechanisms, and currency details

6. Project Timeline: Construction schedule, completion dates, and milestone deadlines

7. Contractor Obligations: Detailed responsibilities of the contractor including quality standards, safety requirements, and workforce management

8. Employer Obligations: Responsibilities of the employer including site access, permits, and approvals

9. Materials and Equipment: Specifications for materials, procurement requirements, and equipment standards

10. Quality Control and Inspection: Quality assurance procedures, testing requirements, and inspection protocols

11. Health, Safety and Environment: HSE requirements, compliance with local regulations, and safety protocols

12. Variations and Changes: Procedures for handling changes to scope, pricing, or timeline

13. Force Majeure: Events constituting force majeure and consequent procedures

14. Default and Termination: Events of default, remedies, and termination procedures

15. Dispute Resolution: Dispute resolution mechanisms compliant with Saudi law and Sharia principles

16. Governing Law: Specification of Saudi law as governing law and relevant jurisdictional matters

What sections are optional to include in a Construction Project Agreement?

1. Performance Security: Required for larger projects or when employer requires specific performance guarantees

2. Advance Payment: Include when advance payments are part of the payment structure

3. Insurance Requirements: Detailed section when specific insurance coverage beyond standard requirements is needed

4. Intellectual Property Rights: Include for projects involving design elements or proprietary technology

5. Defects Liability Period: Include when extended warranty or defects liability period is required

6. Saudization Requirements: Include for projects subject to specific local workforce requirements

7. Confidentiality: Include for projects involving sensitive information or proprietary designs

8. Environmental Compliance: Detailed section required for projects with significant environmental impact

What schedules should be included in a Construction Project Agreement?

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Project Timeline: Detailed construction schedule with milestones

3. Schedule 3 - Payment Schedule: Detailed breakdown of payments, milestones, and pricing

4. Schedule 4 - Site Information: Site details, access points, and existing conditions

5. Schedule 5 - Key Personnel: List of key project personnel and their responsibilities

6. Schedule 6 - Required Permits: List of required permits and responsible parties

7. Schedule 7 - Technical Specifications: Detailed technical requirements and standards

8. Schedule 8 - Form of Performance Security: Template for performance security if required

9. Schedule 9 - Quality Assurance Plan: Detailed quality control procedures and requirements

10. Appendix A - Forms and Certificates: Standard forms for approvals, variations, and certificates

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

Jurisdiction

Saudi Arabia

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Infrastructure

Real Estate Development

Energy

Industrial Development

Commercial Development

Residential Development

Transportation

Healthcare

Education

Hospitality

Mining

Oil & Gas

Relevant Teams

Legal

Operations

Commercial

Procurement

Finance

Risk Management

Project Management

Engineering

Quality Assurance

Health Safety Environment

Construction Management

Contract Administration

Technical Services

Relevant Roles

Project Director

Construction Manager

Legal Counsel

Contract Manager

Project Manager

Chief Executive Officer

Commercial Director

Operations Director

Risk Manager

Procurement Manager

Finance Director

Technical Director

Site Manager

Quality Assurance Manager

HSE Manager

Engineering Manager

Cost Controller

Claims Manager

Industries
Government Tenders and Procurement Law (GTPL): The primary legislation governing public procurement and construction contracts in Saudi Arabia, established by Royal Decree M/128 of 2019. Sets out the basic framework for government construction contracts.
Saudi Building Code (SBC): Comprehensive set of construction regulations and technical requirements that must be adhered to in all construction projects in Saudi Arabia. Covers structural, architectural, mechanical, electrical, and safety standards.
Saudi Labor Law: Regulates employment relationships and working conditions in Saudi Arabia, including specific provisions for construction workers, safety requirements, and Saudization requirements.
Environmental Law: Regulations governing environmental protection during construction activities, including waste management, pollution control, and environmental impact assessments.
Municipality and Rural Affairs regulations: Local construction permits, zoning requirements, and building regulations that vary by municipality but must be considered in construction projects.
Civil Code principles under Sharia Law: Fundamental principles of Islamic law that govern contracts, including construction agreements, particularly regarding interest (riba), uncertainty (gharar), and dispute resolution.
Saudi Contractors Classification Law: Regulates the classification of contractors and their eligibility to undertake projects of different sizes and complexity levels.
Engineering Professional Practice Law: Governs the practice of engineering professions and consultancy services in construction projects, including licensing requirements.
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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