The Construction Subcontractor Agreement is essential for Belgian construction projects where specialized work is delegated to subcontractors. It is designed to comply with Belgian civil law, construction regulations, and social security requirements, including the mandatory registration of workers under Article 30bis. This agreement is typically used when a main contractor needs to engage specialized subcontractors for specific aspects of a construction project, such as electrical work, plumbing, or specialized installations. The document addresses critical aspects including payment terms under Belgian commercial law, worker safety requirements, VAT obligations, and regional construction permits. It includes specific provisions required by Belgian law regarding joint liability for wage debts and social security contributions, making it suitable for both large-scale commercial projects and smaller construction works within Belgium.
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1. Parties: Identification of the Main Contractor and Subcontractor with full legal details
2. Background: Context of the main construction project and the need for subcontracted works
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Works: Detailed description of the subcontracted works, including specifications and standards
5. Contract Price and Payment Terms: Payment amounts, schedule, invoicing requirements, and VAT arrangements
6. Timeline and Project Schedule: Commencement date, completion date, and key milestones
7. Subcontractor Obligations: Key responsibilities including workforce, materials, equipment, and compliance requirements
8. Main Contractor Obligations: Responsibilities of the main contractor including site access and information provision
9. Safety and Environmental Requirements: Compliance with Belgian safety regulations and environmental standards
10. Quality Control and Inspection: Quality standards, inspection procedures, and acceptance criteria
11. Insurance and Liability: Required insurance coverage and allocation of risks
12. Social Security Compliance: Requirements for workforce registration and social security obligations
13. Warranties and Guarantees: Warranty periods and performance guarantees
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes under Belgian law
16. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Equipment Supply: Required when the subcontractor is responsible for providing significant equipment
2. Intellectual Property Rights: Needed when the works involve design elements or technical innovations
3. Performance Bond: Include when additional financial security is required from the subcontractor
4. Liquidated Damages: Include specific penalty provisions for delay or non-performance
5. Value Engineering: Include when the subcontractor may propose cost-saving alternatives
6. Force Majeure: Detailed force majeure provisions beyond standard terms
7. Site Facilities: Include when specific arrangements for site facilities are needed
8. Language Requirements: Include in regions where multiple official languages are used
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Bill of Quantities: Itemized list of works with quantities and rates
3. Schedule 3 - Project Timeline: Detailed project schedule with milestones
4. Schedule 4 - Payment Schedule: Detailed payment terms, milestone payments, and retention amounts
5. Schedule 5 - Health and Safety Requirements: Specific safety procedures and requirements
6. Schedule 6 - Quality Assurance Plan: Detailed quality control procedures and standards
7. Schedule 7 - Required Insurance: Specific insurance requirements and coverage levels
8. Schedule 8 - Forms and Certificates: Template forms for notifications, certifications, and approvals
9. Appendix A - Site Rules: Main contractor's site rules and procedures
10. Appendix B - Regulatory Compliance Checklist: Checklist of required permits and regulatory compliance
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