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Nominated Subcontractor Agreement

Nominated Subcontractor Agreement Template for Germany

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Key Requirements PROMPT example:

Nominated Subcontractor Agreement

"I need a Nominated Subcontractor Agreement for a specialized MEP contractor on a hospital construction project in Munich, with work commencing March 2025 and specific provisions for medical facility compliance and coordination with medical equipment installation."

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Document background
The Nominated Subcontractor Agreement is essential in German construction projects where the employer/principal wishes to maintain control over the selection of specific subcontractors for specialized work packages while maintaining a single point of contractual responsibility through the main contractor. This document type is particularly important in complex construction projects where specialized expertise is required for certain aspects of the works. The agreement must comply with German construction law, particularly the VOB/B and relevant sections of the BGB, while clearly defining the three-way relationship between parties. It includes comprehensive provisions for payment mechanisms, performance standards, coordination requirements, and risk allocation, specifically tailored to meet German legal requirements and industry standards. The document is structured to protect all parties' interests while ensuring efficient project delivery and clear communication channels.
Suggested Sections

1. Parties: Identification of the Main Contractor, Nominated Subcontractor, and reference to the Employer

2. Background: Context of the main contract, nomination process, and purpose of the agreement

3. Definitions and Interpretation: Definition of key terms, interpretation rules, and hierarchy of documents

4. Scope of Subcontract Works: Detailed description of the works to be performed, including reference to specifications

5. Main Contract Flow-Down: Provisions making relevant main contract terms binding on the Nominated Subcontractor

6. Subcontractor's Obligations: Core obligations including workmanship, materials, compliance with laws and standards

7. Main Contractor's Obligations: Responsibilities including site access, coordination, and information provision

8. Programme and Progress: Time obligations, project schedule, and delay consequences

9. Quality and Inspection: Quality requirements, testing procedures, and inspection rights

10. Payment Terms: Payment mechanism, valuation process, and payment timeline

11. Variations: Process for handling changes to the subcontract works

12. Completion and Defects: Completion requirements, defects liability period, and remediation process

13. Insurance and Liability: Required insurance coverage and liability allocation

14. Termination: Grounds and procedures for contract termination

15. Dispute Resolution: Dispute resolution procedures compliant with German law

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees, optional based on project value and risk

2. Intellectual Property Rights: IP provisions where design or innovative solutions are involved

3. Environmental Requirements: Specific environmental obligations for projects with significant environmental impact

4. Social Standards Compliance: Additional social compliance requirements for projects with specific social impact concerns

5. BIM Protocol: Building Information Modeling provisions for projects using BIM

6. Force Majeure: Specific force majeure provisions beyond standard impossibility rules under German law

7. Anti-Corruption: Enhanced anti-corruption provisions for public projects or international work

8. Data Protection: GDPR compliance provisions where personal data processing is involved

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Programme: Detailed programme of works including key milestones

3. Schedule 3 - Price and Payment: Pricing breakdown, payment schedule, and valuation rules

4. Schedule 4 - Site Information: Site-specific information and requirements

5. Schedule 5 - Main Contract Extracts: Relevant excerpts from the main contract

6. Schedule 6 - Forms and Procedures: Standard forms for applications, certificates, and notices

7. Schedule 7 - Key Personnel: List of key personnel and their roles

8. Schedule 8 - Equipment and Materials: Lists of contractor-supplied and free-issue materials

9. Appendix A - Insurance Requirements: Detailed insurance specifications and coverage requirements

10. Appendix B - Quality Management Plan: Quality management procedures and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Certificate
Applicable Laws
Application for Payment
Appendices
Architect
As-Built Documents
Background IP
BGB
Breach of Contract
Change Order
Commencement Date
Completion Certificate
Completion Date
Construction Documents
Construction Period
Contract Price
Contract Documents
Day
Defects
Defects Liability Period
Delay Damages
Design Documents
Employer
Employer Requirements
Equipment
Extension of Time
Final Completion
Force Majeure Event
Good Industry Practice
Governing Law
Handover
Instructions
Intellectual Property Rights
Key Dates
Key Personnel
Main Contract
Main Contractor
Main Works
Materials
Milestone
Nominated Subcontract Works
Nominated Subcontractor
Notice
Payment Certificate
Performance Security
Practical Completion
Programme
Project
Project Manager
Quality Management Plan
Regulations
Schedule of Rates
Site
Site Conditions
Specifications
Subcontract
Substantial Completion
Taking-Over Certificate
Technical Requirements
Termination
Time for Completion
Variation
VAT
VOB/B
Warranty Period
Working Day
Works
Clauses
Interpretation
Appointment
Main Contract Flow-Down
Subcontractor Obligations
Main Contractor Obligations
Design Obligations
Programme and Progress
Extensions of Time
Quality Assurance
Health and Safety
Environmental Protection
Site Access and Facilities
Materials and Workmanship
Testing and Inspection
Completion and Handover
Defects Liability
Payment
Variations
Insurance
Indemnification
Intellectual Property
Confidentiality
Force Majeure
Suspension
Termination
Dispute Resolution
Assignment and Subcontracting
Compliance with Laws
Warranties
Performance Security
Records and Audit
Notices
Governing Law
Data Protection
Anti-Corruption
Working Hours
Site Security
Coordination with Others
Risk Allocation
Personnel Requirements
Documentation Requirements
Relevant Industries

Construction

Infrastructure

Real Estate Development

Industrial Manufacturing

Energy

Transportation

Healthcare Construction

Commercial Development

Public Works

Telecommunications Infrastructure

Environmental Projects

Utilities

Relevant Teams

Legal

Commercial

Operations

Procurement

Project Management

Construction

Risk Management

Technical

Quality Assurance

Contract Administration

Relevant Roles

Project Director

Construction Manager

Contracts Manager

Commercial Director

Legal Counsel

Project Manager

Site Manager

Procurement Manager

Technical Director

Risk Manager

Commercial Manager

Operations Director

Chief Engineer

Quantity Surveyor

Contract Administrator

Industries
Bürgerliches Gesetzbuch (BGB): German Civil Code, particularly §§ 631-651 regarding work contracts (Werkvertrag) and §§ 241-432 on general contract law, obligations, and performance
Handelsgesetzbuch (HGB): German Commercial Code governing commercial relationships between businesses, including provisions on commercial practices and business obligations
Vergabe- und Vertragsordnung für Bauleistungen (VOB): German Construction Contract Procedures, particularly VOB/B governing the execution of construction works and contractual terms
Arbeitnehmer-Entsendegesetz (AEntG): Posted Workers Act ensuring minimum working conditions for workers, particularly relevant for foreign subcontractors
Gesetz gegen Wettbewerbsbeschränkungen (GWB): Act Against Restraints of Competition, relevant for public procurement aspects and competition law compliance
Mindestlohngesetz (MiLoG): Minimum Wage Act ensuring compliance with minimum wage requirements for all workers involved
Sozialgesetzbuch (SGB): Social Security Code, particularly relevant for proper classification of contractors and social security obligations
Bauprodukteverordnung (BauPVO): Construction Products Regulation ensuring compliance with EU standards for construction materials and products
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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