The General Contractor Agreement With Owner is a fundamental construction contract used in Belgium when a property owner engages a general contractor to undertake construction works. This agreement is essential for projects ranging from commercial developments to residential construction, particularly when the scope requires coordinated management of multiple construction activities. The document must comply with Belgian Civil Code requirements, the Breyne Act (for residential construction), and various regional construction regulations. It typically includes comprehensive provisions for project execution, payment mechanisms, quality control, safety requirements, and risk allocation. The agreement is structured to accommodate Belgian-specific requirements such as mandatory professional liability insurance, safety coordination, and statutory warranty periods, while providing flexibility for project-specific requirements and industry standards.
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1. Parties: Identification of the Owner and the General Contractor, including registration numbers and professional certifications
2. Background: Context of the agreement, property details, and project overview
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of construction works, responsibilities, and deliverables
5. Contract Price and Payment Terms: Price, payment schedule, VAT considerations, and retention mechanisms
6. Project Timeline: Commencement date, completion date, milestones, and provisions for extensions
7. Contractor Obligations: Core responsibilities including quality standards, supervision, and compliance with laws
8. Owner Obligations: Owner's responsibilities including site access, permits, and timely decisions
9. Materials and Equipment: Provisions regarding procurement, quality, storage, and ownership of materials
10. Health and Safety: Safety obligations under Belgian law, site safety management, and coordination
11. Insurance and Liability: Required insurance coverage, professional liability, and indemnification provisions
12. Warranties and Defects: Warranty period, defect resolution process, and statutory liability periods
13. Changes and Variations: Procedures for handling change orders and variations to the scope
14. Suspension and Termination: Rights and procedures for suspension and termination of the contract
15. Force Majeure: Events constituting force majeure and consequential procedures
16. Dispute Resolution: Dispute resolution procedures compliant with Belgian law
17. Governing Law: Confirmation of Belgian law governance and jurisdiction
18. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Subcontracting: Required when the contractor intends to use subcontractors, detailing approval processes and liability
2. Environmental Compliance: Needed for projects with significant environmental impact or specific environmental requirements
3. Intellectual Property: Required when design services or innovative construction methods are involved
4. Financing Arrangements: Necessary when specific financing or payment security arrangements are required
5. Special Site Conditions: Include when the site has unique characteristics requiring special attention
6. Provisional Sums: Required when certain costs cannot be determined at contract formation
7. Quality Assurance: Detailed quality management requirements for complex projects
8. Building Information Modeling: Required when BIM is used in the project
9. Archaeological Findings: Necessary for sites with potential archaeological significance
10. Public Interface: Required for projects in populated areas requiring public relations management
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Price Breakdown: Detailed cost breakdown and bill of quantities
3. Schedule 3 - Project Timeline: Detailed program of works and milestone dates
4. Schedule 4 - Key Personnel: List of key project personnel and their responsibilities
5. Schedule 5 - Required Insurance: Detailed insurance requirements and coverage levels
6. Schedule 6 - Site Information: Site details, access points, and existing conditions
7. Schedule 7 - Forms and Procedures: Standard forms for variations, applications for payment, etc.
8. Schedule 8 - Quality Standards: Specific quality standards and testing requirements
9. Schedule 9 - Health and Safety Plan: Detailed health and safety procedures and requirements
10. Schedule 10 - Permits and Approvals: List of required permits and responsible parties
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