The Contract For Building A House is a crucial legal document used in Belgian residential construction projects between property owners and building contractors. This agreement is essential when a private individual or entity wishes to construct a new residential property in Belgium, operating under the strict requirements of the Breyne Act and Belgian Civil Code. The document encompasses all necessary elements for a construction project, including detailed specifications, payment schedules, completion timelines, and quality standards. It's specifically designed to comply with Belgian construction regulations, incorporating mandatory insurance requirements, energy performance standards, and urban planning regulations. The contract provides important legal protections for both the property owner and the contractor, addressing key aspects such as payment security, construction quality, and warranty obligations. It's particularly relevant in the context of Belgian residential construction, where specific legal frameworks govern the relationship between private clients and professional builders.
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1. Parties: Identification of the Client (homeowner) and the Contractor, including full legal names, addresses, and registration numbers
2. Background: Context of the agreement, including property details and brief project overview
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Works: Detailed description of construction works to be performed, including general specifications and standards
5. Contract Price and Payment Terms: Total price, payment schedule, and conditions for payment in compliance with Breyne Act requirements
6. Timeline and Completion: Construction schedule, completion date, and provisions for delays
7. Contractor Obligations: Detailed responsibilities of the contractor, including quality standards, materials, and workforce
8. Client Obligations: Client's responsibilities, including access, permits, and decisions
9. Building Permits and Compliance: Requirements for obtaining and maintaining necessary permits and regulatory compliance
10. Insurance and Liability: Required insurance coverage and liability provisions, including the mandatory decennial liability
11. Quality Control and Inspections: Procedures for quality assurance, inspections, and acceptance of works
12. Variations and Changes: Process for handling changes to the original specifications or scope
13. Warranties and Defects: Warranty terms, defect notification, and remediation procedures
14. Termination: Grounds and procedures for contract termination
15. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
16. Dispute Resolution: Procedures for handling disputes and applicable jurisdiction
17. General Provisions: Standard legal provisions including notices, entire agreement, and amendments
1. Soil Investigation: Required when soil conditions need special consideration or investigation
2. Environmental Requirements: Added when project has specific environmental considerations or certifications
3. Temporary Facilities: Included when temporary structures or utilities need specific regulation
4. Subcontractor Provisions: Required when significant parts of work will be subcontracted
5. Financing Arrangements: Included when specific financing terms need to be incorporated
6. Special Materials: Added when unique or specific materials require special handling or procurement
7. Heritage Requirements: Required when building in protected areas or involving heritage considerations
8. Neighbor Relations: Included when construction impacts neighboring properties significantly
1. Schedule 1: Detailed Technical Specifications: Comprehensive technical specifications for all aspects of construction
2. Schedule 2: Plans and Drawings: Approved architectural and engineering drawings
3. Schedule 3: Bill of Quantities: Detailed breakdown of materials and quantities
4. Schedule 4: Payment Schedule: Detailed payment milestones and amounts
5. Schedule 5: Construction Timeline: Detailed project timeline with milestones
6. Schedule 6: Insurance Certificates: Copies of required insurance policies
7. Schedule 7: Permits and Authorizations: Copies of building permits and other authorizations
8. Schedule 8: Material Specifications: Detailed specifications for materials to be used
9. Appendix A: Site Survey: Technical survey of the construction site
10. Appendix B: Soil Report: Geological and soil analysis reports
11. Appendix C: Energy Performance Certificate: Energy efficiency requirements and certifications
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