The Agreement Between Owner And Builder is a fundamental document for construction projects in Nigeria, essential for both residential and commercial developments. It serves as the primary contract governing the relationship between property owners and construction contractors, establishing clear parameters for project execution, quality standards, and risk allocation. This agreement must comply with Nigerian legislation, including the National Building Code 2006, Labour Act, and Environmental Impact Assessment Act. It's particularly crucial for protecting both parties' interests by clearly defining scope, payments, timelines, and dispute resolution procedures. The document is adaptable for various project scales, from single residential buildings to large commercial developments, and should be customized based on project specifics while maintaining compliance with Nigerian construction and contract law requirements.
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1. Parties: Identification of the Owner and Builder, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including property details and project overview
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed
5. Contract Price and Payment Terms: Total contract value, payment schedule, and payment conditions
6. Timeline and Completion: Project schedule, completion dates, and provisions for extensions of time
7. Builder's Obligations: Key responsibilities of the builder including quality standards, supervision, and safety requirements
8. Owner's Obligations: Key responsibilities of the owner including site access, approvals, and owner-supplied items
9. Materials and Workmanship: Standards for materials and workmanship, including compliance with Nigerian Building Code
10. Variations: Process for handling changes to the scope of work
11. Permits and Compliance: Requirements for obtaining necessary permits and ensuring regulatory compliance
12. Insurance and Indemnity: Insurance requirements and indemnification provisions
13. Defects Liability: Defects liability period and rectification obligations
14. Termination: Grounds and process for contract termination
15. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
16. General Provisions: Standard contract clauses including notices, governing law, and entire agreement
1. Environmental Management: Required when project has significant environmental impacts or requires EIA
2. Local Content Requirements: Required for projects subject to Nigerian local content regulations
3. Security Requirements: For projects in sensitive or high-risk areas
4. Temporary Works: When significant temporary structures or works are required
5. Multiple Stage Completion: For projects requiring staged handover of different portions
6. Acceleration: Provisions for accelerating work when required
7. Financing Arrangements: When special financing terms or mortgages are involved
8. Heritage Protection: For construction affecting heritage buildings or sites
1. Schedule 1 - Construction Drawings and Specifications: Detailed technical drawings and specifications for the works
2. Schedule 2 - Bill of Quantities: Itemized list of quantities and prices for all work elements
3. Schedule 3 - Construction Program: Detailed project timeline and milestones
4. Schedule 4 - Payment Schedule: Detailed breakdown of payment stages and amounts
5. Schedule 5 - Site Information: Site details, access points, and known site conditions
6. Schedule 6 - Key Personnel: List of key personnel from both parties and their roles
7. Schedule 7 - Required Insurance: Detailed insurance requirements and coverage levels
8. Schedule 8 - Forms of Certificates: Templates for various certificates including practical completion
9. Appendix A - Special Conditions: Any special conditions specific to the project
10. Appendix B - Quality Assurance Plan: Detailed quality control and assurance procedures
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