Construction Subcontracts are essential legal instruments in the Belgian construction industry, used when a main contractor needs to delegate specific portions of a construction project to specialized subcontractors. These agreements must comply with Belgian federal law, including the Civil Code provisions on construction contracts, the Breyne Act, and specific construction industry regulations. The document is typically used for projects ranging from residential and commercial buildings to infrastructure works, and includes detailed provisions for work scope, payment terms, safety requirements, and quality standards. Construction Subcontracts under Belgian law require particular attention to social security obligations, mandatory insurance requirements, and specific liability provisions that differ from other jurisdictions.
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1. Parties: Identification of the main contractor and subcontractor, including registration numbers and authorized representatives
2. Background: Context of the main construction contract and the need for subcontracting specific works
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terminology
4. Scope of Works: Detailed description of the subcontracted works, including specifications and standards to be met
5. Contract Price and Payment Terms: Amount payable, payment schedule, invoicing requirements, and treatment of variations
6. Project Timeline: Commencement date, completion date, key milestones, and provisions for extensions of time
7. Subcontractor Obligations: Key responsibilities including quality standards, compliance with laws, and coordination with other contractors
8. Main Contractor Obligations: Responsibilities including site access, provision of information, and coordination
9. Materials and Equipment: Requirements for materials, testing, approval processes, and storage
10. Health and Safety: Safety requirements, compliance with Belgian safety regulations, and coordination requirements
11. Insurance and Liability: Required insurance coverage, liability limits, and indemnification provisions
12. Quality Control and Inspection: Quality standards, inspection procedures, and acceptance criteria
13. Variations and Changes: Process for handling changes to scope, pricing, or timeline
14. Warranties: Warranty obligations, duration, and remedy procedures
15. Termination: Grounds for termination, procedures, and consequences
16. Dispute Resolution: Process for resolving disputes, including applicable Belgian law provisions
17. General Provisions: Standard clauses including notices, assignment, and entire agreement
1. Performance Security: Requirements for performance bonds or guarantees, used for higher-value contracts
2. Environmental Requirements: Specific environmental obligations, required when project has significant environmental impact
3. Intellectual Property: IP rights and obligations, needed when design or innovative construction methods are involved
4. Force Majeure: Provisions for unforeseen events, recommended for longer-term projects
5. Liquidated Damages: Pre-agreed damages for delay or performance failure, used in time-critical projects
6. Social Security Compliance: Detailed provisions for social security obligations, required for larger workforce situations
7. Language Requirements: Language provisions for documentation and communication, needed in multilingual projects
8. Phased Completion: Provisions for sectional completion, used in complex multi-phase projects
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Bill of Quantities: Itemized list of quantities and rates
3. Schedule 3 - Project Timeline: Detailed program of works including milestones
4. Schedule 4 - Payment Schedule: Detailed payment terms, milestone payments, and retention provisions
5. Schedule 5 - Site Rules and Procedures: Site-specific requirements and procedures
6. Schedule 6 - Quality Control Requirements: Detailed quality standards and testing requirements
7. Schedule 7 - Health and Safety Plan: Specific health and safety requirements and procedures
8. Schedule 8 - Forms and Certificates: Standard forms for applications, certificates, and notices
9. Appendix A - Insurance Requirements: Detailed insurance specifications and coverage requirements
10. Appendix B - Key Personnel: List of key personnel and their qualifications
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