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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."
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.
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
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
Construction
Infrastructure
Real Estate Development
Industrial Projects
Commercial Development
Residential Development
Healthcare Construction
Educational Facilities
Transportation Infrastructure
Energy and Utilities
Legal
Procurement
Operations
Commercial
Construction
Project Management
Finance
Risk Management
Quality Control
Technical
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
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