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Cost Plus Construction Agreement
"I need a Cost Plus Construction Agreement under Dutch law for a large-scale hospital renovation project starting March 2025, with specific provisions for maintaining hospital operations during construction and strict health safety protocols."
1. Parties: Identification of the employer and contractor, including full legal names and registered addresses
2. Background: Context of the agreement, project overview, and parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the construction work to be performed
5. Cost Structure and Payment: Definition of cost components, markup/fee structure, and payment terms
6. Contractor Obligations: Key responsibilities and duties of the contractor
7. Employer Obligations: Key responsibilities and duties of the employer
8. Project Timeline: Construction schedule, milestones, and completion dates
9. Cost Control and Reporting: Requirements for cost tracking, reporting, and budget management
10. Quality Standards: Quality requirements and applicable construction standards
11. Changes and Variations: Procedures for handling changes to scope, cost, or timeline
12. Site Access and Conditions: Provisions regarding access to and conditions of the construction site
13. Materials and Equipment: Requirements for materials, equipment, and procurement processes
14. Health, Safety and Environment: HSE requirements and compliance obligations
15. Insurance and Liability: Insurance requirements and liability allocation
16. Default and Termination: Grounds and procedures for contract termination
17. Dispute Resolution: Procedures for resolving disputes
18. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Financing Arrangements: Include when project involves specific financing requirements or third-party funding
2. Phased Completion: Include for projects with multiple completion phases or sectional completion requirements
3. Performance Incentives: Include when parties agree on bonus/malus arrangements for performance
4. Environmental Compliance: Include detailed environmental provisions for projects with significant environmental impact
5. Intellectual Property: Include when design elements or innovative construction methods are involved
6. Local Community Relations: Include for projects with significant community impact
7. Force Majeure: Include detailed force majeure provisions for high-risk or long-term projects
8. Warranties and Defects: Include extended warranty provisions for complex projects
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the construction work
2. Schedule 2 - Cost Breakdown Structure: Detailed breakdown of cost components, including direct costs, indirect costs, and fee calculation
3. Schedule 3 - Project Timeline: Detailed construction schedule with milestones and critical path
4. Schedule 4 - Key Personnel: List of key personnel from both parties and their roles
5. Schedule 5 - Required Insurance: Detailed insurance requirements and coverage limits
6. Schedule 6 - Forms and Templates: Standard forms for progress reports, change orders, and payment applications
7. Schedule 7 - Site Information: Site details, surveys, and existing condition reports
8. Schedule 8 - Permits and Approvals: List of required permits and responsible parties
9. Schedule 9 - Quality Control Plan: Detailed quality control procedures and requirements
10. Schedule 10 - HSE Requirements: Detailed health, safety, and environmental requirements
Authors
Commercial Construction
Industrial Construction
Infrastructure Development
Real Estate Development
Manufacturing
Energy and Utilities
Healthcare Facilities
Educational Facilities
Retail Development
Hospitality and Tourism
Public Sector Construction
Residential Development
Legal
Finance
Procurement
Operations
Commercial
Risk Management
Project Management
Construction Management
Contract Administration
Technical Services
Quality Assurance
Health and Safety
Environmental Compliance
Construction Manager
Project Director
Contract Manager
Commercial Director
Legal Counsel
Chief Financial Officer
Cost Controller
Procurement Manager
Risk Manager
Operations Director
Technical Director
Development Manager
Quantity Surveyor
Site Manager
Finance Manager
Compliance Officer
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