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New Construction Agreement
"I need a New Construction Agreement for a 20-story commercial building project in Makati City, Philippines, with specific provisions for green building certification and completion target of March 2025."
1. Parties: Identification of the Owner/Employer and the Contractor, including their complete legal names, addresses, and registration details
2. Background: Context of the agreement, including brief description of the project and the parties' intentions
3. Definitions: Defined terms used throughout the agreement, including technical construction terms and contract-specific definitions
4. Scope of Work: Detailed description of the construction works to be performed, including general obligations of the Contractor
5. Contract Price and Payment Terms: Amount payable, payment schedule, progress payments, retention amounts, and payment procedures
6. Project Timeline: Commencement date, completion date, construction milestones, and provisions for extensions of time
7. Contractor's Obligations: Specific duties including workmanship standards, material quality, compliance with laws, and supervision requirements
8. Owner's Obligations: Responsibilities including site access, permits, approvals, and owner-supplied materials if any
9. Quality and Inspection: Quality standards, inspection procedures, testing requirements, and acceptance criteria
10. Variations: Procedures for changes to scope, pricing of variations, and approval process
11. Health, Safety and Environment: Safety requirements, environmental compliance, and related obligations
12. Insurance and Securities: Required insurance coverage, performance bonds, and other security requirements
13. Defects Liability: Defects notification period, remediation obligations, and warranties
14. Termination: Grounds for termination, procedures, and consequences of termination
15. Dispute Resolution: Process for resolving disputes, including mediation, arbitration, and governing law
16. General Provisions: Standard contract clauses including notices, assignment, waiver, and severability
1. Financing Arrangements: Include when project involves specific financing requirements or third-party funding
2. Force Majeure: Detailed force majeure provisions, particularly relevant in areas prone to natural disasters
3. Intellectual Property Rights: Include when design elements or proprietary methods are involved
4. Subcontracting: Include when subcontracting is permitted, specifying approval requirements and conditions
5. Environmental Management: Detailed section when project has significant environmental impacts
6. Local Community Relations: Include for projects affecting local communities or requiring community engagement
7. Anti-Corruption Provisions: Detailed provisions for government projects or when required by funding entities
8. Equipment and Materials Supply: Include when specific arrangements for equipment/material procurement are needed
1. Schedule 1 - Scope of Works: Detailed technical specifications, drawings, and work requirements
2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of contract price, bill of quantities, and unit rates
3. Schedule 3 - Project Timeline: Detailed construction schedule, milestones, and critical path activities
4. Schedule 4 - Key Personnel: List of key personnel from both parties, including qualifications and responsibilities
5. Schedule 5 - Required Insurances: Detailed insurance requirements including types, coverage amounts, and special conditions
6. Schedule 6 - Forms and Procedures: Standard forms for variations, progress claims, completion certificates, etc.
7. Schedule 7 - Site Information: Site details, access points, existing conditions, and site constraints
8. Schedule 8 - Permits and Approvals: List of required permits, responsibilities for obtaining them, and current status
9. Appendix A - Technical Drawings: Complete set of construction drawings and technical details
10. Appendix B - Quality Assurance Plan: Detailed quality management procedures and requirements
11. Appendix C - HSE Requirements: Detailed health, safety, and environmental requirements and procedures
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Development
Residential Development
Healthcare Facilities
Educational Institutions
Hospitality
Retail
Manufacturing
Energy
Transportation
Legal
Construction
Project Management
Finance
Procurement
Operations
Risk Management
Compliance
Technical Services
Commercial
Development
Engineering
Quality Assurance
Health and Safety
Construction Manager
Project Director
Legal Counsel
Contract Manager
Chief Executive Officer
Chief Financial Officer
Project Manager
Site Engineer
Quantity Surveyor
Architect
Procurement Manager
Risk Manager
Operations Director
Technical Director
Compliance Officer
Finance Manager
Commercial Manager
Development Manager
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