Engineering Procurement And Construction Agreement Template for Netherlands

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Key Requirements PROMPT example:

Engineering Procurement And Construction Agreement

"I need an Engineering Procurement And Construction Agreement under Dutch law for a 100MW offshore wind farm project in the North Sea, with specific provisions for marine warranty surveyor requirements and weather risk allocation."

Document background
The Engineering Procurement And Construction Agreement is a crucial contract type for complex infrastructure and industrial projects in the Netherlands. It is typically used when a project owner requires a single point of responsibility for delivering a complete facility on a turnkey basis. This agreement type is particularly suitable for large-scale projects where the contractor takes full responsibility for design, engineering, procurement, construction, testing, and commissioning. The document incorporates requirements under Dutch law, including provisions from the Dutch Civil Code (Burgerlijk Wetboek) and construction regulations. It addresses key aspects such as risk allocation, performance guarantees, payment mechanisms, and completion criteria, while ensuring compliance with Dutch and EU construction standards. The agreement is structured to provide clear obligations, remedies, and procedures for project execution, making it essential for major construction projects in sectors such as energy, infrastructure, and industrial facilities.
Suggested Sections

1. Parties: Identification and details of the contracting parties (Employer and Contractor)

2. Background: Context of the agreement and brief description of the project

3. Definitions: Definitions and interpretation of key terms used throughout the agreement

4. Scope of Work: Detailed description of engineering, procurement and construction obligations

5. Contract Price and Payment: Price structure, payment terms, milestones, and invoicing procedures

6. Project Schedule: Commencement date, key milestones, completion date, and time extensions

7. Contractor Obligations: Detailed responsibilities including design, procurement, construction, testing and commissioning

8. Employer Obligations: Responsibilities of the employer including site access, permits, and approvals

9. Quality and Standards: Quality requirements, applicable standards, and inspection procedures

10. Changes and Variations: Procedures for handling changes to scope, price or schedule

11. Testing and Completion: Testing procedures, completion certificates, and performance guarantees

12. Defects Liability: Warranty period, rectification of defects, and performance warranties

13. Risk and Insurance: Risk allocation, required insurance coverage, and liability provisions

14. Force Majeure: Definition of force majeure events and consequences

15. Suspension and Termination: Rights and procedures for suspension and termination

16. Dispute Resolution: Dispute resolution procedures, applicable law, and jurisdiction

17. General Provisions: Miscellaneous legal provisions including notices, assignments, and amendments

Optional Sections

1. Technology License: Required when the project involves specific licensed technology or intellectual property

2. Environmental and Social Requirements: Detailed environmental and social obligations when project has significant environmental impact

3. Local Content Requirements: Specific obligations regarding local content and resources when required by local law

4. Export Control: Required when project involves international procurement or cross-border technology transfer

5. Interface Management: When multiple contractors are involved requiring coordination

6. Training and Knowledge Transfer: When operator training and knowledge transfer is part of scope

7. Financing Requirements: When project involves specific lender requirements or project financing

8. Step-in Rights: When employer or lenders require right to step in and take over contractor's scope

Suggested Schedules

1. Schedule 1 - Scope of Work: Detailed technical specifications and scope description

2. Schedule 2 - Site Description: Site details, conditions, and access requirements

3. Schedule 3 - Project Schedule: Detailed project timeline and milestones

4. Schedule 4 - Price Schedule: Detailed breakdown of contract price and payment milestones

5. Schedule 5 - Key Personnel: List of key personnel from both parties

6. Schedule 6 - Forms of Certificates: Templates for various certificates including completion certificates

7. Schedule 7 - Forms of Bonds and Guarantees: Templates for performance security and other guarantees

8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage

9. Schedule 9 - Tests on Completion: Testing and commissioning procedures and acceptance criteria

10. Schedule 10 - Permits and Licenses: List of required permits and responsible parties

11. Schedule 11 - Technical Standards: Applicable technical standards and codes

12. Schedule 12 - HSE Requirements: Health, safety and environmental requirements

13. Appendix A - Drawings: Project drawings and technical diagrams

14. Appendix B - Equipment List: List of major equipment and specifications

15. Appendix C - Spare Parts: List of required spare parts and maintenance materials

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

Relevant legal definitions
Clauses
Relevant Industries

Energy & Utilities

Oil & Gas

Infrastructure

Industrial Manufacturing

Chemical Processing

Renewable Energy

Mining & Metals

Pharmaceutical

Data Centers

Waste Management

Relevant Teams

Legal

Procurement

Engineering

Construction

Project Management

Commercial

Finance

Risk Management

Health Safety Environment

Quality Assurance

Contract Administration

Technical Services

Design

Relevant Roles

Project Director

Contract Manager

Chief Legal Officer

Construction Manager

Procurement Manager

Engineering Manager

Project Manager

Risk Manager

Commercial Director

Technical Director

Chief Financial Officer

HSE Manager

Quality Assurance Manager

Claims Manager

Cost Controller

Design Manager

Industries
Dutch Civil Code (Burgerlijk Wetboek): Primary source of contract law in the Netherlands, particularly Book 6 (General Part of the Law of Obligations) and Book 7 (Specific Contracts), which govern contract formation, performance, and remedies
Dutch Building Decree (Bouwbesluit): Contains technical regulations that specify the minimum technical requirements for safety, health, usability, energy efficiency and environmental impact of construction works
Dutch Public Procurement Act 2012 (Aanbestedingswet): Implements EU procurement directives and governs public procurement procedures in the Netherlands
Working Conditions Act (Arbeidsomstandighedenwet): Regulates workplace safety and health conditions, crucial for construction and engineering projects
Environmental Management Act (Wet Milieubeheer): Framework law containing general provisions for environmental management, including environmental impact assessments for construction projects
Spatial Planning Act (Wet Ruimtelijke Ordening): Governs spatial planning and development, including zoning and building permits
EU Regulation 305/2011 (Construction Products Regulation): Harmonizes conditions for the marketing of construction products across the EU
Dutch Construction Contracts Form (UAV 2012): Standard administrative conditions for the execution of works in the construction industry, widely used in Dutch construction contracts
Nature Conservation Act (Wet Natuurbescherming): Regulates protection of nature areas and species, relevant for construction projects' environmental impact
Crisis and Recovery Act (Crisis- en Herstelwet): Aims to accelerate infrastructure projects and construction by simplifying procedures and reducing administrative burden
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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