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Framework Agreement (Construction)

Framework Agreement (Construction) Template for Denmark

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Framework Agreement (Construction)

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Document background
This Framework Agreement (Construction) is designed for use in the Danish construction industry where parties wish to establish a long-term contractual relationship for the delivery of construction works. It provides a structured approach to managing multiple construction projects under a single agreement, incorporating requirements from Danish law, including AB 18 (General Conditions for Building and Construction Works), the Danish Contracts Act, and relevant building regulations. The document is particularly suitable for organizations planning multiple construction projects over time, whether in the public or private sector, and includes comprehensive provisions for project initiation, pricing, quality standards, and risk management. It streamlines the procurement process while ensuring compliance with Danish legal requirements and construction industry standards.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, registration numbers, and addresses

2. Background: Context of the framework agreement, its purpose, and general scope of construction works covered

3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terminology

4. Scope of Framework: Detailed description of the types of construction works, services, and materials covered under the framework

5. Duration: Term of the framework agreement, including start date, end date, and any extension options

6. Call-off Procedures: Process for ordering specific works under the framework, including mini-competitions if applicable

7. Pricing and Payment: Price mechanisms, rate cards, payment terms, and invoicing procedures

8. Performance Standards: Quality standards, compliance with building regulations, and performance requirements

9. Contractor Obligations: Key responsibilities including workforce, materials, equipment, and compliance with regulations

10. Client Obligations: Client responsibilities including access, information provision, and cooperation

11. Health and Safety: Safety requirements, compliance with Danish Working Environment Act, and risk management

12. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions

13. Termination: Termination rights, procedures, and consequences for both parties

14. Dispute Resolution: Dispute resolution procedures, governing law, and jurisdiction provisions

15. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement provisions

Optional Sections

1. Environmental Requirements: Additional environmental obligations and sustainability requirements, included when project has specific environmental goals

2. Innovation and Development: Provisions for incorporating new technologies or methods, used when framework includes R&D elements

3. Key Performance Indicators: Specific performance metrics and measurement mechanisms, included when performance monitoring is required

4. Supply Chain Requirements: Obligations regarding subcontractors and suppliers, used when supply chain management is critical

5. BIM Requirements: Building Information Modeling obligations, included when BIM is part of the project requirements

6. Intellectual Property Rights: IP provisions for designs and innovations, included when development of new solutions is anticipated

7. Social Value Requirements: Community benefit and social value provisions, included for public sector frameworks

8. Warranty Period Extensions: Extended warranty provisions beyond standard AB 18 requirements, used for specialized works

Suggested Schedules

1. Schedule 1 - Pricing Schedule: Detailed pricing information, rate cards, and price adjustment mechanisms

2. Schedule 2 - Scope of Works: Detailed technical specifications and scope of construction works covered

3. Schedule 3 - Performance Specifications: Technical standards, quality requirements, and performance criteria

4. Schedule 4 - Call-off Procedures: Detailed procedures for ordering works under the framework

5. Schedule 5 - Key Personnel: Details of key staff from both parties and their roles

6. Schedule 6 - Forms and Templates: Standard forms for call-offs, variations, and completion certificates

7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels

8. Schedule 8 - Health and Safety Requirements: Detailed health and safety procedures and requirements

9. Appendix A - AB 18 Modifications: Specific amendments to AB 18 terms for this framework

10. Appendix B - Site Rules and Procedures: Specific rules and procedures for working on construction sites

Authors

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Relevant legal definitions
Agreement
AB 18
Applicable Law
Approved Subcontractors
Background IP
Base Rates
Bill of Quantities
Building Regulations
Call-off Contract
Call-off Notice
Call-off Procedure
Commencement Date
Completion Certificate
Construction Period
Construction Works
Contract Documents
Contract Price
Contractor
Contractor's Equipment
Defects
Defects Liability Period
Deliverables
Design Documents
Employer
Environmental Requirements
Extension of Time
Force Majeure
Framework Period
Good Industry Practice
Health and Safety File
Insurance Requirements
Intellectual Property Rights
Key Personnel
Materials
Method Statement
Mini-Competition
Notice
Party/Parties
Performance Standards
Practical Completion
Price Adjustment Formula
Project
Project Manager
Quality Management System
Rate Card
Relevant Authority
Risk Register
Schedule of Rates
Site
Specification
Substantial Completion
Technical Requirements
Tender Documents
Terms and Conditions
Time for Completion
Variation
Working Day
Works
Works Order
Clauses
Interpretation
Term and Duration
Framework Scope
Call-off Procedures
Pricing and Payment
Invoicing
Performance Standards
Quality Requirements
Technical Specifications
Construction Methods
Project Management
Program and Delay
Materials and Workmanship
Site Access and Conditions
Health and Safety
Environmental Protection
Contractor Obligations
Employer Obligations
Key Personnel
Subcontracting
Insurance
Indemnification
Liability
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Suspension
Termination
Dispute Resolution
Governing Law
Assignment and Novation
Notices
Entire Agreement
Severability
Variations
Defects Liability
Warranties
Performance Security
Testing and Inspection
Completion and Handover
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): The fundamental law governing formation and validity of contracts in Denmark, essential for the framework agreement's basic structure
AB 18 (General Conditions for Building and Construction Works): Standard terms for construction contracts in Denmark, providing detailed regulations for construction projects and contractor relationships
Danish Public Procurement Act (Udbudsloven): Implements EU procurement directives and regulates public procurement procedures, crucial for framework agreements in public construction projects
Danish Building Regulations (Bygningsreglementet - BR18): Technical requirements and standards for construction works in Denmark, essential for specifying construction requirements
Danish Working Environment Act (Arbejdsmiljøloven): Regulates workplace safety and working conditions, crucial for construction site management and contractor obligations
Danish Environmental Protection Act (Miljøbeskyttelsesloven): Environmental requirements and restrictions affecting construction projects and their execution
ABR 18 (General Conditions for Consulting Services): Regulates the relationship between client and consultants in construction projects, relevant for technical specifications and supervision
Danish Sale of Goods Act (Købeloven): Relevant for supply aspects within the framework agreement, particularly regarding materials and equipment
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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