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Construction Contract Termination Agreement
"I need a Construction Contract Termination Agreement under German law for a mutual termination of a hospital construction project, with completion at 85% and handover scheduled for March 2025, including provisions for remaining warranty obligations and treatment of installed medical equipment."
1. Parties: Identification of the contracting parties (Principal/Owner and Contractor)
2. Background: Details of the original construction contract, project description, and circumstances leading to termination
3. Definitions: Definitions of key terms used in the agreement
4. Termination Date and Effect: Specific date of termination and confirmation of mutual agreement to terminate
5. Status of Works: Description of completed works and current state of the project
6. Financial Settlement: Agreement on final payment, including outstanding payments, retention amounts, and any adjustments
7. Handover of Site and Materials: Provisions for site clearance, transfer of materials, and documentation
8. Release and Waiver: Mutual release from future claims related to the construction contract
9. Surviving Obligations: Identification of contract provisions that survive termination (e.g., warranties, confidentiality)
10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Subcontractor Provisions: Required when subcontractors are involved, addressing termination of subcontracts and related liabilities
2. Insurance and Bonds: Include when specific arrangements for insurance policies or performance bonds need to be addressed
3. Intellectual Property Rights: Necessary when design rights or other IP need to be transferred or licensed
4. Defects Liability: Include specific provisions for handling known defects or ongoing warranty obligations
5. Third Party Claims: Required when there are pending or potential third-party claims to address
6. Confidentiality: Include when sensitive commercial information needs protection post-termination
7. Bank Guarantees: Required when there are outstanding bank guarantees to be released or maintained
1. Schedule 1 - Works Status Report: Detailed inventory of completed and incomplete works as of termination date
2. Schedule 2 - Financial Statement: Detailed breakdown of all financial claims, payments, and adjustments
3. Schedule 3 - Asset Register: List of materials, equipment, and documents to be transferred or removed
4. Schedule 4 - Outstanding Defects: List of known defects and agreed remedial actions
5. Schedule 5 - Handover Protocol: Detailed procedure for site handover and documentation requirements
6. Appendix A - Original Contract: Copy of the original construction contract and relevant amendments
7. Appendix B - Project Documentation: Relevant technical documentation, drawings, and certificates
Authors
Original Contract
Works
Project
Site
Completion Date
Termination Date
Effective Date
Principal
Contractor
Final Account
Outstanding Works
Completed Works
Defects
Defects Liability Period
Construction Documents
As-Built Documentation
Handover Protocol
Outstanding Claims
Retention Money
Bank Guarantee
Performance Security
Project Materials
Construction Equipment
Intellectual Property Rights
Confidential Information
Force Majeure
Warranties
Subcontractors
Professional Advisers
Settlement Sum
Release Date
Outstanding Payments
Work Products
Construction Permits
VOB/B
Original Contract Price
Final Payment Certificate
Site Clearance
Surviving Obligations
Recitals
Definitions
Termination Effect
Financial Settlement
Site Handover
Documentation Transfer
Material and Equipment
Release and Waiver
Warranties
Defects Liability
Insurance
Confidentiality
Intellectual Property
Bank Guarantees
Third Party Rights
Subcontractor Arrangements
Dispute Resolution
Governing Law
Force Majeure
Notices
Entire Agreement
Severability
Assignment
Costs
Amendments
Counterparts
Authority
Time of Essence
Further Assurance
Construction
Real Estate
Infrastructure
Industrial Development
Commercial Property
Residential Development
Public Sector
Energy
Manufacturing
Healthcare
Education
Hospitality
Retail
Legal
Construction
Project Management
Commercial
Operations
Procurement
Finance
Risk Management
Technical
Contract Administration
Construction Project Manager
Legal Counsel
Contract Manager
Chief Operating Officer
Development Director
Site Manager
Procurement Manager
Commercial Director
Technical Director
Project Director
Construction Manager
Claims Manager
Risk Manager
General Counsel
Chief Financial Officer
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