Cost Plus Construction Agreement

Cost Plus Construction Agreement Template for Denmark

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Document background

The Cost Plus Construction Agreement is designed for construction projects under Danish jurisdiction where the final costs cannot be accurately determined at the outset, or where flexibility in scope is required. This agreement type is particularly suitable for complex construction projects, renovation works, or projects with significant uncertainties. It establishes a transparent pricing mechanism where the contractor is reimbursed for actual costs plus an agreed markup, while incorporating Danish legal requirements, including compliance with Byggeloven (Danish Construction Act) and AB 18 principles. The document provides comprehensive coverage of cost verification procedures, project management requirements, quality control standards, and risk allocation, while ensuring compliance with Danish construction regulations and industry practices. It is commonly used in both private and public sector projects where traditional fixed-price contracts may not be suitable due to project complexity or uncertainty.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including project overview and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement, including cost-plus specific terminology

4. Scope of Work: Detailed description of the construction work to be performed, including references to technical specifications

5. Contractor's Obligations: Primary responsibilities of the contractor, including quality standards, workmanship, and compliance requirements

6. Employer's Obligations: Primary responsibilities of the employer, including site access, permits, and information provision

7. Cost Plus Mechanism: Detailed explanation of the cost-plus pricing structure, including definition of costs, markup calculation, and payment terms

8. Cost Verification and Reporting: Procedures for tracking, reporting, and verifying costs, including documentation requirements

9. Project Timeline: Construction schedule, milestones, and completion dates

10. Changes and Variations: Process for handling changes to scope, including impact on costs and timeline

11. Quality Control: Quality assurance procedures, inspections, and acceptance criteria

12. Health and Safety: Safety requirements and responsibilities in accordance with Danish regulations

13. Insurance and Liability: Required insurance coverage and allocation of risks between parties

14. Termination: Grounds and procedures for contract termination by either party

15. Dispute Resolution: Procedures for resolving disputes, including reference to Danish law and jurisdiction

16. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Environmental Requirements: Specific environmental obligations and sustainability requirements, used when project has particular environmental focus or requirements

2. Design Responsibilities: Allocation of design responsibilities, used when contractor has design obligations

3. Financing Arrangements: Special provisions related to project financing, used when external financing is involved

4. Public Authority Requirements: Additional requirements for public projects, used when public entities are involved

5. Subcontracting: Rules and procedures for subcontracting, used when subcontracting is anticipated

6. Performance Guarantees: Specific performance guarantees and associated remedies, used for complex or high-value projects

7. Building Information Modeling (BIM): BIM requirements and protocols, used when BIM is part of the project

8. Force Majeure: Extended force majeure provisions, used when specific risk allocation is needed

Suggested Schedules

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

2. Schedule 2 - Cost Components: Detailed breakdown of allowable costs and calculation of markup

3. Schedule 3 - Project Timeline: Detailed construction schedule and milestone dates

4. Schedule 4 - Key Personnel: List of key personnel from both parties and their roles

5. Schedule 5 - Required Insurance: Detailed insurance requirements and coverage limits

6. Schedule 6 - Form of Cost Reports: Templates and procedures for cost reporting

7. Schedule 7 - Quality Management Plan: Detailed quality control procedures and requirements

8. Schedule 8 - Health and Safety Plan: Detailed safety procedures and requirements

9. Appendix A - Forms and Certificates: Standard forms for applications, certificates, and notices

10. Appendix B - Site Information: Site details, access points, and known conditions

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