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Nominated Subcontractor Agreement Template for India

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Key Requirements PROMPT example:

Nominated Subcontractor Agreement

"I need a Nominated Subcontractor Agreement for a large-scale hospital construction project in Mumbai, where the client has nominated five specialist medical equipment installers, with work scheduled to commence in March 2025 and requiring specific provisions for medical facility safety standards and cleanroom requirements."

Document background
The Nominated Subcontractor Agreement is a critical document used in Indian construction projects where specialized work packages need to be executed by specific subcontractors chosen by the employer/client. This arrangement is commonly used for specialized installations, equipment, or services where the employer wants to maintain control over the selection of key subcontractors while keeping them under the main contractor's management. The agreement needs to carefully balance the interests of all three parties - the employer, main contractor, and nominated subcontractor - while ensuring compliance with Indian construction laws, labor regulations, and safety requirements. It typically includes detailed provisions for coordination, payment mechanisms (including protection against non-payment), quality control, and dispute resolution. The document is particularly important in large-scale construction projects where clear delineation of responsibilities and risk allocation is crucial.
Suggested Sections

1. Parties: Identification of the main contractor and nominated subcontractor, including registration details and addresses

2. Background: Context of the nomination, reference to main contract, and basis of nomination

3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and hierarchy of documents

4. Scope of Works: Detailed description of the subcontract works, specifications, and standards

5. Main Contractor's Obligations: Key responsibilities of the main contractor including coordination, access, and information provision

6. Subcontractor's Obligations: Key responsibilities including execution of works, quality control, and compliance requirements

7. Programme and Progress: Time schedule, milestones, and progress reporting requirements

8. Quality and Workmanship: Quality standards, inspection procedures, and acceptance criteria

9. Health and Safety: Safety requirements, compliance with regulations, and reporting procedures

10. Payment Terms: Payment mechanism, certificates, retention, and payment security

11. Variations: Procedure for handling changes to scope, timing, or cost

12. Extensions of Time: Grounds for and process of obtaining time extensions

13. Defects Liability: Defects liability period, remediation process, and warranties

14. Insurance and Indemnity: Required insurance coverage and indemnification obligations

15. Termination: Grounds and procedures for contract termination

16. Dispute Resolution: Dispute resolution mechanism including arbitration provisions

17. General Provisions: Standard contractual provisions including notices, governing law, etc.

Optional Sections

1. Performance Security: Requirements for performance bond or bank guarantee - include when project value exceeds certain threshold or client requires it

2. Price Adjustment: Formula and mechanism for price adjustments - include for longer duration projects or when specifically required

3. Intellectual Property Rights: IP ownership and licenses - include when design responsibility or proprietary systems are involved

4. Force Majeure: Force majeure events and consequences - important for high-risk or long-duration projects

5. Environmental Compliance: Environmental obligations and compliance - include for projects with significant environmental impact

6. Local Content Requirements: Local content and sourcing obligations - include when required by law or project specifications

7. Step-in Rights: Rights of employer/main contractor to step in - include for critical path works

8. Advance Payment: Terms for advance payment - include when advance payment is contemplated

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Contract Price Breakdown: Detailed breakdown of contract price and bill of quantities

3. Schedule 3 - Programme of Works: Detailed timeline and milestone dates

4. Schedule 4 - Quality Assurance Plan: Detailed quality control procedures and requirements

5. Schedule 5 - Site Rules and Regulations: Site-specific rules and procedures

6. Schedule 6 - Forms of Certificates: Templates for payment certificates and completion certificates

7. Schedule 7 - Insurance Requirements: Detailed insurance coverage requirements

8. Schedule 8 - Key Personnel: List of key personnel and their qualifications

9. Appendix A - Main Contract Excerpts: Relevant excerpts from the main contract affecting subcontractor

10. Appendix B - Safety Procedures: Detailed health and safety procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



















































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Relevant Industries

Construction

Infrastructure

Real Estate Development

Industrial Projects

Commercial Development

Residential Development

Healthcare Construction

Educational Facilities

Transportation Infrastructure

Energy and Utilities

Relevant Teams

Legal

Procurement

Operations

Commercial

Construction

Project Management

Finance

Risk Management

Quality Control

Technical

Relevant Roles

Contract Manager

Project Manager

Construction Manager

Legal Counsel

Commercial Manager

Procurement Manager

Quality Control Manager

Site Supervisor

Chief Executive Officer

Operations Director

Risk Manager

Finance Director

Technical Director

Construction Director

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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