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Simple Building Contract for Malta

Simple Building Contract Template for Malta

A Simple Building Contract governed by Maltese law is a standardized agreement for construction projects of moderate complexity and scale. This document establishes the legal framework for construction works in Malta, encompassing essential elements such as scope of works, payment terms, timelines, and responsibilities of both the employer and contractor. It incorporates requirements from Maltese construction regulations, planning laws, and health and safety standards, while providing flexibility for project-specific modifications. The contract is designed to be comprehensive yet straightforward, suitable for typical building projects while ensuring compliance with local legal requirements and industry standards.

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What is a Simple Building Contract?

The Simple Building Contract is specifically designed for construction projects in Malta where a clear, standardized agreement is needed between an employer and a contractor. This contract type is particularly suitable for moderate-scale construction projects where the scope and requirements are well-defined, but don't require the complexity of major construction contracts. It incorporates essential elements required under Maltese law, including compliance with the Building Regulation Act, planning requirements, and health and safety regulations. The document is structured to provide comprehensive coverage of construction basics while maintaining flexibility for project-specific adjustments. It's commonly used for residential developments, small commercial projects, and renovation works where the value and complexity are intermediate, typically including detailed specifications, payment terms, completion requirements, and dispute resolution mechanisms aligned with Maltese legal requirements.

What sections should be included in a Simple Building Contract?

1. Parties: Identification and details of the Employer and the Contractor

2. Background: Context of the agreement and basic information about the construction project

3. Definitions: Definitions of key terms used throughout the contract

4. Scope of Works: Detailed description of the construction works to be carried out

5. Contract Price and Payment Terms: Agreement on price, payment schedule, and payment conditions

6. Commencement and Completion: Project timeline, start date, completion date, and provisions for extensions

7. Contractor's Obligations: Key responsibilities and duties of the contractor

8. Employer's Obligations: Key responsibilities and duties of the employer

9. Materials and Workmanship: Standards for materials and quality of work required

10. Variations: Process for handling changes to the scope of works

11. Insurance and Liability: Required insurance coverage and allocation of risks

12. Defects Liability: Provisions for dealing with defects during and after construction

13. Termination: Grounds and procedures for contract termination

14. Dispute Resolution: Procedures for resolving disputes between parties

15. Governing Law: Confirmation of Maltese law as governing law and jurisdiction

What sections are optional to include in a Simple Building Contract?

1. Site Access and Conditions: Specific arrangements for site access and existing site conditions - include when site access is complex or restricted

2. Health and Safety Requirements: Detailed health and safety obligations - include for high-risk or complex projects

3. Environmental Requirements: Environmental protection measures - include when project has significant environmental implications

4. Subcontracting: Rules and conditions for subcontracting - include when subcontractors are likely to be used

5. Performance Bond: Requirements for performance security - include for higher-value projects

6. Retention: Provisions for retention money - include for larger projects or where specific quality assurance is required

7. Liquidated Damages: Predetermined damages for delay - include when specific completion date is crucial

8. Force Majeure: Provisions for unforeseen circumstances - include for longer-term projects

What schedules should be included in a Simple Building Contract?

1. Schedule 1 - Drawings and Specifications: Detailed technical drawings and specifications for the works

2. Schedule 2 - Bill of Quantities: Itemized list of materials and works with quantities and rates

3. Schedule 3 - Payment Schedule: Detailed breakdown of payment stages and amounts

4. Schedule 4 - Project Timeline: Detailed project program including key milestones

5. Schedule 5 - Site Information: Details about the construction site and any relevant surveys

6. Schedule 6 - Required Insurances: Specific insurance requirements and coverage levels

7. Appendix A - Planning Permits: Copies of relevant planning permissions and permits

8. Appendix B - Health and Safety Plan: Detailed health and safety procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malta

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions









































Clauses




































Relevant Industries

Construction

Real Estate

Property Development

Residential Housing

Commercial Property

Hospitality

Retail

Industrial

Education

Healthcare

Public Sector

Relevant Teams

Legal

Construction

Project Management

Procurement

Commercial

Technical

Operations

Property Development

Contracts Administration

Risk Management

Compliance

Finance

Relevant Roles

Construction Manager

Project Manager

Contract Manager

Quantity Surveyor

Architect

Civil Engineer

Legal Counsel

Procurement Manager

Site Manager

Development Manager

Property Manager

Construction Director

Technical Director

Commercial Manager

Risk Manager

Compliance Officer

Industries










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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