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Nominated Subcontractor Contract Template for Philippines

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Key Requirements PROMPT example:

Nominated Subcontractor Contract

"I need a Nominated Subcontractor Contract under Philippine law for a specialized MEP installation package in a data center project, with specific provisions for technical compliance and testing requirements."

Document background
The Nominated Subcontractor Contract is a crucial document used in Philippine construction projects where specialized work packages require specific expertise or proprietary systems. This contract type is particularly important when the Employer wishes to maintain control over the selection of specialized subcontractors while delegating day-to-day supervision to the Main Contractor. The document addresses key aspects including payment mechanisms, coordination requirements, quality standards, and risk allocation, all within the framework of Philippine law and construction regulations. It's commonly used in complex projects where certain works packages (such as MEP systems, specialized equipment installation, or technical systems) need to be executed by pre-selected specialists. The contract ensures proper integration of these specialized works within the main construction program while maintaining clear lines of responsibility and accountability between all parties involved.
Suggested Sections

1. Parties: Identifies and provides details of the Employer, Main Contractor, and Nominated Subcontractor

2. Background: Explains the context of the main contract and the need for nominated subcontracted works

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles for the agreement

4. Scope of Nominated Subcontract Works: Detailed description of the works to be performed by the Nominated Subcontractor

5. Main Contractor's Obligations: Sets out the Main Contractor's responsibilities including coordination, site access, and support services

6. Nominated Subcontractor's Obligations: Details the Subcontractor's responsibilities, quality standards, and performance requirements

7. Contract Price and Payment: Specifies the subcontract price, payment terms, and mechanisms for payment

8. Time for Completion: Establishes the program of works, completion dates, and milestone requirements

9. Variations: Procedures for handling changes to the subcontract works

10. Quality Control and Inspection: Requirements for quality assurance and inspection procedures

11. Health, Safety and Environment: Safety requirements and environmental compliance obligations

12. Insurance and Indemnities: Insurance requirements and indemnification provisions

13. Default and Termination: Grounds and procedures for contract termination and consequences

14. Dispute Resolution: Procedures for resolving disputes between parties

15. General Provisions: Standard contractual provisions including notices, governing law, and assignment

Optional Sections

1. Performance Security: Required when project value exceeds certain thresholds or when specifically requested by the Employer

2. Advance Payment: Included when advance payment is to be provided to the Nominated Subcontractor

3. Materials and Equipment Supply: Used when specific arrangements for material procurement and equipment supply need to be detailed

4. Intellectual Property Rights: Required when the subcontract works involve design responsibilities or proprietary systems

5. Force Majeure: Detailed provisions for force majeure when project is in areas prone to natural disasters or exceptional circumstances

6. Local Content Requirements: Included when there are specific requirements for local resource utilization

7. Confidentiality: Required when dealing with sensitive information or proprietary technology

8. Parent Company Guarantee: Included when additional financial security is required from the Subcontractor's parent company

Suggested Schedules

1. Schedule 1: Scope of Works: Detailed technical specification of the nominated subcontract works

2. Schedule 2: Contract Price Breakdown: Detailed breakdown of the contract price including rates and quantities

3. Schedule 3: Program of Works: Detailed timeline and sequence of activities

4. Schedule 4: Technical Specifications: Specific technical requirements and standards for the works

5. Schedule 5: Drawing List: List of all relevant drawings and technical documents

6. Schedule 6: Key Personnel: Details of key staff to be deployed on the project

7. Schedule 7: Equipment Schedule: List of major equipment to be used in the works

8. Schedule 8: Quality Assurance Plan: Detailed quality control and assurance procedures

9. Schedule 9: Forms and Certificates: Standard forms for applications, certificates, and notices

10. Schedule 10: Interface Schedule: Details of coordination requirements with other contractors and parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 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 Manufacturing

Energy

Mining

Transportation

Healthcare Infrastructure

Commercial Development

Public Works

Telecommunications

Hospitality

Relevant Teams

Legal

Procurement

Commercial

Operations

Project Management

Construction Management

Contract Administration

Risk Management

Technical

Compliance

Finance

Relevant Roles

Project Manager

Contract Manager

Construction Manager

Commercial Manager

Legal Counsel

Quantity Surveyor

Project Director

Procurement Manager

Technical Director

Risk Manager

Claims Manager

Site Manager

Design Manager

Cost Controller

Compliance Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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