IMCA Marine Construction Contract Form of Agreement

Form of Agreement
This CONTRACT is made between the following parties:

___________________________ ___________________________

company

having

its

registered

office

at

hereinafter called the COMPANY and

___________________________ ___________________________

company

having

its

registered

office

at

hereinafter called the CONTRACTOR. WHEREAS: 1) the COMPANY wishes that certain WORK shall be carried out, all as described in this CONTRACT; and, 2) the CONTRACTOR wishes to carry out the WORK in accordance with the terms of this CONTRACT. NOW: The parties hereby agree as follows: 1) In this CONTRACT all capitalised words and expressions shall have the meanings assigned to them in this FORM OF AGREEMENT or elsewhere in the CONTRACT. 2) The following Sections shall be deemed to form and be read and construed as part of the CONTRACT: 1. 2. Section I Section II Form of Agreement including Appendix 1; a) General Conditions of the IMCA Marine Construction Contract; b) Special Conditions of Contract; 3. 4. 5. 6. 7. 8. 9. 10. COMPANY; Section III Section IV Section V Section VI Section VII Section VIII Section IX Section X Remuneration; Scope of Work; Administration Instructions; Health, Safety and Environment; Quality Management; Other Provisions Documents and Drawings; Materials, Services and Facilities to be provided by the

IMCA Marine Construction Contract Form of Agreement 11. Section XI CONTRACTORs Plans.

The Sections shall be read as one document the contents of which, in the event of ambiguity or contradiction between Sections, shall be given precedence in the order listed, with the exception that the Special Conditions of Contract shall take precedence over the General Conditions of Contract. 3) In accordance with the terms and conditions of the CONTRACT, the CONTRACTOR shall perform and complete the WORK and the COMPANY shall pay the CONTRACT PRICE. 4) The terms and conditions of the CONTRACT shall apply from the date specified in Appendix 1 to this Section I Form of Agreement, which date shall be the EFFECTIVE DATE OF COMMENCEMENT OF THE CONTRACT. 5) The CONTRACTOR shall perform the WORK in conformity with the SCHEDULE OF KEY DATES and achieve COMPLETION by the SCHEDULED COMPLETION DATE as specified in Appendix 1 to this Section I Form of Agreement. The authorised representatives of the parties have executed the CONTRACT in duplicate upon the dates indicated below: For: (COMPANY) Name: Title: Date: For: (CONTRACTOR) Name: Title: Date:

IMCA Marine Construction Contract Form of Agreement

Appendix 1 to Section I Form of Agreement

Reference Section I Clause 4 The EFFECTIVE DATE OF COMMENCEMENT OF THE CONTRACT is ______________________ Clause 5 Section II Clause 1.22 TERRITORY shall mean the country ______________________ The SCHEDULED COMPLETION DATE is ______________________

Clause 3.1(a) The COMPANY REPRESENTATIVE is ______________________ The CONTRACTOR REPRESENTATIVE is ______________________ Clause 4.7 Supply base for medi-vac transportation for the CONTRACTOR provided personnel is ______________________ is Supply base for transportation for the CONTRACTOR provided equipment and material ______________________ Clause 14.1(d) Clause 14.6(d) Clause 15.2(d) Clause 15.5 Amount is ______________________ Restrictions to free and unrestricted access ______________________ Number of days ______________________

Period of force majeure delay is ______________________ a) b) c) Number of days at zero rate ___________________ Number of days: _________________ at rate: ___________________ Time period is ______________________

Clause 16.8

The period of suspension is ______________________ The cumulative period of suspension is ______________________

Clause 16.9 Clause 17.3

The time period is ______________________ Number of days ______________________

Clause 17.10 Interest rate per annum Bank of England base rate plus _______ per cent p.a. Clause 20.4 Rights shall vest in ______________________

Clause 22.2(d) This indemnity is given in respect of the following property referred to under this Clause 22.2(d): ____________________________________________ ____________________________________________

IMCA Marine Construction Contract Form of Agreement For the purposes of Clause 22.2(d) only, consequential losses shall mean ____________________________________________ In the absence of a definition above then the meaning of consequential loss for the purpose of this Clause shall be as set out in Clause 25 Clause 23.2 Insurance by the CONTRACTOR, the amounts are: Employers Liability ______________________ General Third Party ______________________ Marine Hull and Machinery__________________ Protection and Indemnity: __________________ General _______________________________ Oil Pollution ___________________________ Wreck Removal _________________________ Clause 23.6 Summary of Construction All Risks Insurance ____________________________________________ If no such such insurance is procured then: ____________________________________________ Clause 23.6 Clause 24 Period of insurance Construction All Risks Insurance to be arranged by COMPANY

YES/NO (delete as applicable) If YES, then: Clause 24.1 Clause 27.1 Deductible per event ______________________ The CONTRACTOR shall import the following into the TERRITORY ____________________________________________ Clause 28.1 Completion times are as follows: i) ii) iii) Clause 28.2 For the relevant part of the WORK _______________________ For ______________________ For ______________________ ________________________ ________________________

In respect of WORK involving vessels Period is ______________________

Clause 29.2

The Defects Correction Period or Periods are as follows, commencing on the date specified on the COMPLETION CERTIFICATE in respect of completion of the relevant part of the WORK

IMCA Marine Construction Contract Form of Agreement i) For the relevant part or whole of the WORK as appropriate ______________________ ii) For WORK which is reperformed, ______________________ iii) For ______________________ The cumulative defects correction period is ______________________ rectified or replaced

Clause 30.7(a)

iii) Special Conditions remaining in full force and effect shall be ____________________________________________

Clause 30.8

The number of days exceeding which the CONTRACTOR may terminate the CONTRACT for force majeure pursuant to the provisions of Clause 30.8 is ____________________________________________ The number of days exceeding which the CONTRACTOR may terminate the CONTRACT for Suspension pursuant to the provisions of Clause 30.8 is ____________________________________________

Clause 34.6

The addresses for the service of notices are: i) ii) COMPANY ______________________ CONTRACTOR ______________________

Clause 35.1

Liquidated Damages ______________________ Grace Period ______________________

Clause 35.3

______________________ waiting on weather days allowed Schedule of Key Dates: 1. ______________________

2 ______________________ 3. ______________________ Clause 36.1 Clause 36.2 Limitation of Liability is ______________________ The Limitation Period is ______________________ from ______________________ Resolution of Disputes. The nominees are: COMPANY ______________________

Clause 37.1(b) i) ii)

CONTRACTOR ______________________

Clause 37.1(c)Further persons are ______________________ Clause 37.2 The rules of Arbitration are _____________________ The place of Arbitration is ______________________