The Nominated Selected Subcontract Agreement is a specialized construction contract used in German construction projects where the employer/principal has specifically selected or nominated a subcontractor to perform certain works under the main contractor's oversight. This arrangement is common in projects requiring specialized expertise or proprietary systems, where the employer wishes to maintain control over the selection of key subcontractors while keeping them under the main contractor's management. The document incorporates German legal requirements, particularly from the BGB and VOB/B, and includes detailed provisions for payment mechanisms, quality control, warranty obligations, and dispute resolution. It's structured to protect all parties' interests while ensuring clear communication channels and responsibility matrices between the employer, main contractor, and nominated subcontractor.
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1. Parties: Identification of the Main Contractor and Subcontractor, including full legal names, registration details, and addresses
2. Background: Context of the main contract, nomination process, and basis for the subcontract appointment
3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and language provisions
4. Scope of Works: Detailed description of the subcontract works, including reference to specifications and drawings
5. Main Contract Flow-Down: Provisions making relevant main contract terms binding on the Subcontractor
6. Subcontractor's Obligations: Core obligations including workmanship standards, compliance with laws, and coordination requirements
7. Main Contractor's Obligations: Core obligations including site access, coordination, and payment obligations
8. Time and Programme: Commencement, completion dates, milestones, and programming requirements
9. Changes and Variations: Procedures for varying the subcontract works and adjusting the price
10. Price and Payment: Subcontract price, payment terms, invoicing procedures, and retention provisions
11. Quality and Inspection: Quality requirements, testing procedures, and inspection rights
12. Defects and Warranty: Defect notification procedures and warranty obligations under German law
13. Insurance and Liability: Insurance requirements and allocation of risks and liabilities
14. Termination: Grounds and procedures for termination, including consequences
15. Dispute Resolution: Dispute resolution procedures compliant with German law
16. General Provisions: Standard boilerplate clauses including notices, assignment, and severability
1. Performance Security: Requirements for performance bonds or guarantees, optional depending on project value and risk
2. Intellectual Property: IP rights and obligations, required if design or innovative solutions are involved
3. Environmental Requirements: Specific environmental obligations, needed for projects with significant environmental impact
4. Health and Safety: Detailed H&S requirements, recommended for high-risk construction works
5. Anti-Corruption: Anti-corruption and compliance provisions, recommended for public projects or international contracts
6. Force Majeure: Force majeure provisions beyond standard VOB/B requirements, recommended for complex projects
7. Parent Company Guarantee: Requirements for parent company support, needed if subcontractor's financial strength is a concern
8. Building Information Modeling: BIM obligations and protocols, required if project uses BIM
1. Schedule 1 - Scope of Works: Detailed technical specification and description of the subcontract works
2. Schedule 2 - Contract Price and Payment: Detailed pricing breakdown, payment milestones, and rates
3. Schedule 3 - Programme: Detailed programme requirements and key dates
4. Schedule 4 - Main Contract Extracts: Relevant excerpts from the main contract that flow down to the subcontractor
5. Schedule 5 - Forms and Procedures: Standard forms for variations, payment applications, and certificates
6. Schedule 6 - Technical Submittals: List of required technical submittals and approval procedures
7. Schedule 7 - Site Rules: Site-specific regulations and procedures
8. Schedule 8 - Quality Requirements: Detailed quality assurance and control requirements
9. Appendix A - Drawings: List of contract drawings and specifications
10. Appendix B - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
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