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Construction Contract Termination Agreement
1. Parties: Identification of all contracting parties, including the employer/client and contractor
2. Background: Context of the original construction contract and circumstances leading to termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination Date and Effect: Specific date of termination and immediate consequences
5. Works Status: Current status of construction works and completed portions
6. Payment Settlement: Final account settlement, including outstanding payments and retention amounts
7. Handover Requirements: Process for handover of site, materials, and documentation
8. Release and Waiver: Mutual release of claims and liabilities
9. Confidentiality: Obligations regarding confidential information post-termination
10. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction
1. Ongoing Warranties: Provisions for maintaining warranties on completed works, used when significant portions of work are complete
2. Intellectual Property Rights: Transfer or license of design rights and other IP, relevant for design-build contracts
3. Subcontractor Provisions: Handling of subcontractor relationships, needed when subcontractors are involved
4. Insurance Provisions: Ongoing insurance requirements and responsibilities, important for projects with continuing risks
5. Dispute Resolution: Specific dispute resolution procedures, recommended for complex terminations
6. Employee Matters: Provisions regarding site personnel and employment issues, relevant when staff transfer is involved
1. Schedule 1 - Original Contract: Copy of the original construction contract and key amendments
2. Schedule 2 - Works Completion Status: Detailed report of completed and outstanding works
3. Schedule 3 - Financial Statement: Detailed breakdown of final account, including payments made and outstanding
4. Schedule 4 - Asset Inventory: List of materials, equipment, and other assets on site
5. Schedule 5 - Outstanding Claims: List of any outstanding claims or disputes
6. Schedule 6 - Handover Documents: List of documents, warranties, and certificates to be handed over
Authors
Original Contract
Completion Date
Termination Date
Works
Completed Works
Outstanding Works
Site
Handover Date
Handover Documents
Final Account
Retention Sum
Defects Liability Period
Warranties
Construction Documents
As-Built Drawings
Parties
Employer
Contractor
Subcontractor
Project Manager
Claims
Dispute
Materials
Equipment
Intellectual Property Rights
Confidential Information
Force Majeure
Business Day
AB 18
Quality Assurance Documentation
Building Permits
Technical Specifications
Payment Certificate
Construction Schedule
Site Records
Termination Effect
Final Account Settlement
Payment Terms
Site Handover
Materials and Equipment
Documentation Requirements
Warranties and Guarantees
Defects Liability
Release of Claims
Intellectual Property Rights
Confidentiality
Insurance
Health and Safety
Environmental Protection
Force Majeure
Dispute Resolution
Governing Law
Severability
Subcontractor Relations
Assignment
Notices
Entire Agreement
Further Assurance
Indemnification
Survival of Terms
Third Party Rights
Waiver
Time of Essence
Records and Audit
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