The Building Agreement Between Owner And Contractor is a fundamental legal document used in the Dutch construction industry to establish and govern the relationship between property owners and construction contractors. This agreement is essential for any construction project in the Netherlands, whether it involves new building work, renovation, or significant modifications to existing structures. The document incorporates key provisions from Dutch law, including the Civil Code (Burgerlijk Wetboek) and the widely-used UAV 2012 conditions. It is designed to protect both parties' interests by clearly defining project scope, responsibilities, quality standards, payment terms, and risk allocation. The agreement is particularly important as it ensures compliance with Dutch construction regulations, environmental requirements, and safety standards while providing a clear framework for project execution and dispute resolution.
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1. Parties: Identification and details of the Owner and Contractor, including registration numbers and authorized representatives
2. Background: Context of the agreement, including project overview and purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed, including specifications and standards
5. Contract Price and Payment Terms: Agreement on price, payment schedule, and payment conditions
6. Time for Completion: Project timeline, completion date, and milestones
7. Contractor Obligations: Primary responsibilities of the contractor, including quality standards and compliance requirements
8. Owner Obligations: Primary responsibilities of the owner, including site access and permits
9. Materials and Equipment: Requirements for materials and equipment, including quality standards and approval processes
10. Changes and Variations: Process for handling changes to the scope of work and price adjustments
11. Quality Assurance and Inspection: Quality control requirements and inspection procedures
12. Health and Safety: Safety requirements and responsibilities in accordance with Dutch regulations
13. Insurance and Liability: Required insurance coverage and liability allocation between parties
14. Warranties and Defects Liability: Warranty terms and process for addressing defects
15. Termination: Grounds and procedures for contract termination
16. Force Majeure: Provisions for handling unforeseen circumstances
17. Dispute Resolution: Procedures for resolving disputes, including applicable law and jurisdiction
18. General Provisions: Standard contract clauses including notices, amendments, and entire agreement
1. Environmental Requirements: Specific environmental obligations and sustainability requirements, used when project has significant environmental impact
2. Subcontracting: Rules and conditions for subcontracting work, used when subcontractors are expected to be involved
3. Performance Security: Requirements for performance bonds or guarantees, used for larger projects or when required by owner
4. Intellectual Property Rights: Protection of designs and technical solutions, used when project involves unique designs or innovations
5. Site Conditions: Specific provisions regarding site conditions and underground works, used for complex site situations
6. Permitting Requirements: Detailed provisions regarding building permits and approvals, used when complex permitting is involved
7. Financing Arrangements: Provisions related to project financing, used when external financing is involved
8. Liquidated Damages: Specific penalties for delay or non-performance, used when parties agree on predetermined damages
1. Schedule 1 - Technical Specifications: Detailed technical requirements and building specifications
2. Schedule 2 - Project Drawings: Approved construction drawings and design documents
3. Schedule 3 - Bill of Quantities: Detailed breakdown of quantities and prices
4. Schedule 4 - Project Timeline: Detailed project schedule including milestones and critical path
5. Schedule 5 - Payment Schedule: Detailed payment terms, installments, and milestone payments
6. Schedule 6 - Quality Assurance Plan: Detailed quality control procedures and requirements
7. Schedule 7 - Site Rules and Regulations: Specific rules for site operation and management
8. Schedule 8 - Required Insurance Coverage: Detailed insurance requirements and coverage limits
9. Schedule 9 - List of Approved Subcontractors: Pre-approved subcontractors and their scope of work
10. Schedule 10 - Forms and Certificates: Standard forms for applications, certificates, and notices
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Infrastructure
Commercial Property
Residential Property
Industrial
Education
Healthcare
Government
Hospitality
Retail
Relevant Teams
Legal
Construction
Real Estate
Project Management
Operations
Procurement
Risk Management
Commercial
Technical
Quality Assurance
Finance
Development
Facilities Management
Contract Management
Relevant Roles
Construction Manager
Project Manager
Property Developer
Facility Manager
Contract Manager
Legal Counsel
Real Estate Manager
Construction Director
Site Supervisor
Procurement Manager
Risk Manager
Commercial Director
Technical Director
Chief Executive Officer
Operations Manager
Quality Assurance Manager
Finance Director
Development Manager
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