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Terminate Building Contract
"I need a Terminate Building Contract document for mutual termination of a residential construction project in Mumbai due to funding issues, with a planned termination date of March 15, 2025, including provisions for the handover of partially completed works and settlement of outstanding payments."
1. Parties: Details of the parties to the termination agreement, including the employer/owner and the contractor
2. Background: Reference to the original building contract, key dates, and context leading to termination
3. Definitions: Definitions of key terms used in the termination agreement
4. Termination Date and Effect: Specific date of termination and its immediate effects on the contract
5. Outstanding Works and Site Conditions: Status of construction works at termination and condition of the site
6. Handover Requirements: Process and requirements for site handover, including materials, equipment, and documentation
7. Financial Settlement: Terms of final payment, including outstanding payments, retention money, and adjustments
8. Release and Discharge: Mutual release from obligations under the original contract, subject to specified exceptions
9. Surviving Obligations: Obligations that continue after termination, such as confidentiality and warranties
10. Governing Law and Jurisdiction: Confirmation of Indian law as governing law and jurisdiction for disputes
1. Dispute Resolution: Include when there are existing disputes or likely areas of contention requiring specific resolution procedures
2. Work in Progress Assignment: Required when there are partially completed works that need to be assigned to a new contractor
3. Intellectual Property Rights: Necessary when dealing with design rights, drawings, or other IP created during the project
4. Insurance and Bonds: Include when addressing the treatment of existing insurance policies and performance bonds
5. Third Party Rights: Required when there are subcontractors or suppliers whose rights need to be addressed
6. Confidentiality: Detailed confidentiality provisions when dealing with sensitive commercial information
1. Schedule 1 - Original Contract Details: Details of the original building contract including dates, scope, and key terms
2. Schedule 2 - Outstanding Works Schedule: Detailed list of incomplete works and their status at termination
3. Schedule 3 - Financial Statement: Comprehensive statement of accounts, including payments made, outstanding amounts, and claims
4. Schedule 4 - Site Inventory: List of materials, equipment, and other assets on site
5. Schedule 5 - Required Handover Documentation: List of drawings, certificates, warranties, and other documents to be handed over
6. Schedule 6 - Defects List: List of known defects and incomplete works requiring attention
Authors
Original Contract
Works
Site
Termination Date
Completion Date
Practical Completion
Contract Sum
Final Account
Outstanding Works
Materials
Plant and Equipment
Construction Documents
Defects
Handover Date
Outstanding Payments
Retention Money
Progress Payment
Contractor's Documents
Employer's Documents
Intellectual Property Rights
Confidential Information
Force Majeure
Warranties
Defects Liability Period
Project Manager
Architect
Site Representative
Subcontractors
Working Day
Variations
Quality Standards
Approved Documents
Performance Security
Insurance Policies
Dispute Resolution Procedure
Governing Law
Affiliate
Notice
Completion Certificate
Definitions
Termination Effect
Site Access
Handover Requirements
Payment Terms
Final Account Settlement
Release and Discharge
Outstanding Works
Materials and Equipment
Documentation Requirements
Intellectual Property
Confidentiality
Warranties
Insurance
Indemnification
Dispute Resolution
Governing Law
Force Majeure
Notices
Third Party Rights
Assignment
Severability
Entire Agreement
Survival of Terms
Liability
Performance Security
Defects Resolution
Site Security
Health and Safety
Environmental Compliance
Labor and Employment
Subcontractor Relations
Asset Transfer
Quality Assurance
Record Keeping
Compliance with Laws
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Public Works
Healthcare Construction
Educational Facilities
Hospitality
Legal
Construction
Project Management
Finance
Operations
Commercial
Procurement
Risk Management
Contract Administration
Site Operations
Construction Manager
Project Director
Legal Counsel
Contract Manager
Site Supervisor
Chief Financial Officer
Project Manager
Quantity Surveyor
Risk Manager
Commercial Director
Operations Manager
Procurement Manager
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