The Framework Agreement (Construction) is designed for use in the Belgian construction sector where parties anticipate entering into multiple construction projects over a defined period. It provides a master agreement structure that establishes standard terms, pricing mechanisms, and procedures for initiating individual projects through call-off contracts. This document type is particularly valuable for organizations managing recurring construction works, whether in public or private sectors, and includes compliance with Belgian construction laws, including the Breyne Act for residential construction, public procurement regulations where applicable, and mandatory safety coordination requirements. The framework includes essential provisions for quality control, technical standards, and environmental compliance, while allowing flexibility to adapt to specific project requirements. It's structured to accommodate both Belgian domestic projects and those with international elements, incorporating relevant EU regulations and standards.
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1. Parties: Identification of the contracting parties, including company details and registered offices
2. Background: Context of the framework agreement and general intentions of the parties
3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation
4. Framework Structure: Duration, scope and operation of the framework agreement
5. Call-off Procedure: Process for initiating individual construction projects under the framework
6. Pricing and Payment Terms: Framework rates, price adjustment mechanisms, and payment conditions
7. Quality Standards: Required quality levels, applicable standards and certification requirements
8. Health and Safety: Safety requirements and compliance with Belgian safety regulations
9. Environmental Requirements: Environmental obligations and compliance requirements
10. Insurance and Liability: Required insurance coverage and allocation of liabilities
11. Performance Security: Bank guarantees or other security requirements
12. Intellectual Property: Ownership and usage rights of designs and documentation
13. Termination: Grounds and procedures for termination of the framework or individual call-offs
14. Dispute Resolution: Procedures for resolving disputes under Belgian law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Public Procurement Provisions: Additional provisions required when the framework is for public sector clients
2. Design Responsibilities: Include when design services are part of the framework scope
3. Building Information Modeling (BIM): Include when BIM requirements apply to projects under the framework
4. Value Engineering: Optional provisions for cost optimization processes
5. Social Responsibility: Additional social value commitments, often required in public sector frameworks
6. Specialized Equipment: Include when framework covers supply and installation of specialized construction equipment
7. Multiple Lot Provisions: Include when framework is divided into different specialty lots
8. Subcontractor Provisions: Detailed subcontracting rules when significant subcontracting is anticipated
1. Schedule 1 - Scope of Works: Detailed description of the types of construction works covered
2. Schedule 2 - Price Schedule: Framework rates and pricing mechanisms
3. Schedule 3 - Call-off Terms and Conditions: Standard terms for individual projects
4. Schedule 4 - Technical Standards: Applicable technical standards and specifications
5. Schedule 5 - Key Performance Indicators: Performance metrics and measurement criteria
6. Schedule 6 - Form of Call-off Contract: Template contract for individual projects
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications
8. Schedule 8 - Health and Safety Requirements: Detailed safety procedures and requirements
9. Schedule 9 - Required Personnel: Key roles and qualifications requirements
10. Schedule 10 - Forms and Ƶ: Standard forms for project administration
11. Appendix A - Site Access Procedures: Standard procedures for accessing construction sites
12. Appendix B - Quality Management Plan: Quality assurance and control procedures
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