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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."
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
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
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
Construction
Infrastructure
Real Estate Development
Industrial Manufacturing
Energy
Mining
Transportation
Healthcare Infrastructure
Commercial Development
Public Works
Telecommunications
Hospitality
Legal
Procurement
Commercial
Operations
Project Management
Construction Management
Contract Administration
Risk Management
Technical
Compliance
Finance
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
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