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Mutual Termination Of Contract In Construction Projects
"I need a Mutual Termination of Contract in Construction Projects agreement for a large-scale shopping mall development in Riyadh, where we need to terminate due to funding issues, involving multiple subcontractors and a phased handover process to be completed by March 2025."
1. Parties: Identification of all contracting parties, including full legal names, addresses, and registration numbers
2. Background: Details of the original contract, project description, and context leading to mutual termination
3. Definitions: Definitions of key terms used throughout the agreement, including project-specific terminology
4. Effective Date of Termination: Clear statement of when the termination takes effect
5. Mutual Agreement to Terminate: Express statement of parties' agreement to terminate and confirmation of mutual consent
6. Financial Settlement: Detailed provisions for final payments, including completed work, retention amounts, and any agreed compensation
7. Release of Obligations: Mutual release from future obligations under the original contract
8. Outstanding Works and Handover: Provisions for handling incomplete works and project handover procedures
9. Materials and Equipment: Disposition of construction materials, equipment, and temporary facilities on site
10. Documentation and Records: Requirements for handling project documentation, drawings, and permits
11. Confidentiality: Ongoing obligations regarding confidential information
12. Governing Law and Jurisdiction: Confirmation of Saudi Arabian law as governing law and jurisdiction for disputes
13. Execution: Signature requirements and execution formalities
1. Warranties and Guarantees: Provisions for handling existing warranties and guarantees - include if there are ongoing warranty obligations
2. Intellectual Property Rights: Provisions regarding ownership and use of project-related IP - include if significant IP was created during the project
3. Employee and Workforce Matters: Provisions for handling workforce transitions - include if there are significant labor implications
4. Insurance and Bonds: Provisions for handling existing insurance policies and performance bonds - include if applicable
5. Environmental Matters: Provisions for environmental compliance and liability - include if there are environmental concerns
6. Dispute Resolution: Detailed dispute resolution procedures - include if parties want specific resolution mechanisms
7. Third Party Rights: Provisions regarding subcontractors and suppliers - include if there are significant third-party relationships
8. Force Majeure: Provisions addressing any ongoing force majeure events - include if termination relates to force majeure
1. Schedule 1 - Financial Statement: Detailed breakdown of final account, including payments made and outstanding
2. Schedule 2 - Inventory of Materials: List of materials and equipment on site and their disposition
3. Schedule 3 - Outstanding Works: List of incomplete works and agreed handling method
4. Schedule 4 - Handover Schedule: Timeline and procedure for project handover
5. Schedule 5 - Required Notices: List of notices required to authorities and third parties
6. Schedule 6 - Document Register: List of project documents and their disposition
7. Appendix A - Original Contract: Copy of the original construction contract being terminated
8. Appendix B - Powers of Attorney: Authorization documents for signatories
9. Appendix C - Completion Certificates: Relevant completion certificates for completed portions of work
Authors
Original Contract
Effective Date of Termination
Project
Site
Works
Completion Date
Contract Price
Outstanding Works
Retention Money
Final Account
Handover Date
Handover Protocol
Certificates of Completion
Construction Documents
As-Built Drawings
Project Materials
Construction Equipment
Temporary Works
Permanent Works
Intellectual Property Rights
Confidential Information
Force Majeure Event
Applicable Laws
Authorities
Business Day
Claims
Defects
Warranties
Performance Security
Professional Team
Project Manager
Engineer
Contractor's Documents
Employer's Documents
Notice
Parties
Payment Certificate
Practical Completion
Quality Assurance
Records
Release Date
Settlement Sum
Specifications
Subcontractor
Substantial Completion
Taking-Over Certificate
Technical Standards
Termination Date
Third Party Rights
Variation
Working Day
Saudi Building Code
Sharia Compliant
Zakat Requirements
Recitals
Definitions
Mutual Agreement to Terminate
Termination Date
Financial Settlement
Payment Terms
Release and Discharge
Outstanding Works
Site Handover
Materials and Equipment
Document Handover
Intellectual Property
Confidentiality
Non-Disclosure
Warranties
Indemnification
Insurance
Performance Security
Third Party Rights
Subcontractor Arrangements
Employee Matters
Health and Safety
Environmental Compliance
Regulatory Compliance
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Notices
Entire Agreement
Severability
Amendment
Waiver
Assignment
Costs
Further Assurance
Counterparts
Language
Time of Essence
Sharia Compliance
Authority Approvals
Commercial Real Estate
Residential Development
Infrastructure
Industrial Construction
Healthcare Facilities
Education Facilities
Hospitality
Retail Development
Oil & Gas
Transportation
Public Works
Religious Facilities
Sports & Entertainment
Mixed-use Development
Legal
Operations
Commercial
Finance
Project Management
Construction
Risk & Compliance
Procurement
Contract Administration
Executive Leadership
Technical Services
Business Development
Project Manager
Construction Manager
Legal Counsel
Contract Manager
Commercial Director
Chief Executive Officer
Operations Director
Project Director
Site Manager
Quantity Surveyor
Risk Manager
Finance Director
Technical Director
Procurement Manager
Legal Director
Claims Manager
Business Development Manager
Chief Operating Officer
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