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Construction Subcontractor Agreement for Belgium

Construction Subcontractor Agreement Template for Belgium

A Construction Subcontractor Agreement governed by Belgian law that establishes the legal framework for construction subcontracting relationships. This agreement complies with Belgian civil code requirements and construction industry regulations, including the Breyne Act where applicable. It covers essential elements such as scope of works, payment terms, safety requirements, social security obligations, and specific Belgian construction industry compliance requirements. The document includes provisions for worker registration, VAT arrangements, and regional urban planning compliance, while addressing both Flemish and Walloon construction practices where relevant.

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What is a Construction Subcontractor Agreement?

The Construction Subcontractor Agreement is essential for Belgian construction projects where specialized work is delegated to subcontractors. It is designed to comply with Belgian civil law, construction regulations, and social security requirements, including the mandatory registration of workers under Article 30bis. This agreement is typically used when a main contractor needs to engage specialized subcontractors for specific aspects of a construction project, such as electrical work, plumbing, or specialized installations. The document addresses critical aspects including payment terms under Belgian commercial law, worker safety requirements, VAT obligations, and regional construction permits. It includes specific provisions required by Belgian law regarding joint liability for wage debts and social security contributions, making it suitable for both large-scale commercial projects and smaller construction works within Belgium.

What sections should be included in a Construction Subcontractor Agreement?

1. Parties: Identification of the Main Contractor and Subcontractor with full legal details

2. Background: Context of the main construction project and the need for subcontracted works

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

4. Scope of Works: Detailed description of the subcontracted works, including specifications and standards

5. Contract Price and Payment Terms: Payment amounts, schedule, invoicing requirements, and VAT arrangements

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

7. Subcontractor Obligations: Key responsibilities including workforce, materials, equipment, and compliance requirements

8. Main Contractor Obligations: Responsibilities of the main contractor including site access and information provision

9. Safety and Environmental Requirements: Compliance with Belgian safety regulations and environmental standards

10. Quality Control and Inspection: Quality standards, inspection procedures, and acceptance criteria

11. Insurance and Liability: Required insurance coverage and allocation of risks

12. Social Security Compliance: Requirements for workforce registration and social security obligations

13. Warranties and Guarantees: Warranty periods and performance guarantees

14. Termination: Grounds and procedures for contract termination

15. Dispute Resolution: Procedures for resolving disputes under Belgian law

16. General Provisions: Standard contractual provisions including notices, amendments, and governing law

What sections are optional to include in a Construction Subcontractor Agreement?

1. Equipment Supply: Required when the subcontractor is responsible for providing significant equipment

2. Intellectual Property Rights: Needed when the works involve design elements or technical innovations

3. Performance Bond: Include when additional financial security is required from the subcontractor

4. Liquidated Damages: Include specific penalty provisions for delay or non-performance

5. Value Engineering: Include when the subcontractor may propose cost-saving alternatives

6. Force Majeure: Detailed force majeure provisions beyond standard terms

7. Site Facilities: Include when specific arrangements for site facilities are needed

8. Language Requirements: Include in regions where multiple official languages are used

What schedules should be included in a Construction Subcontractor Agreement?

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Bill of Quantities: Itemized list of works with quantities and rates

3. Schedule 3 - Project Timeline: Detailed project schedule with milestones

4. Schedule 4 - Payment Schedule: Detailed payment terms, milestone payments, and retention amounts

5. Schedule 5 - Health and Safety Requirements: Specific safety procedures and requirements

6. Schedule 6 - Quality Assurance Plan: Detailed quality control procedures and standards

7. Schedule 7 - Required Insurance: Specific insurance requirements and coverage levels

8. Schedule 8 - Forms and Certificates: Template forms for notifications, certifications, and approvals

9. Appendix A - Site Rules: Main contractor's site rules and procedures

10. Appendix B - Regulatory Compliance Checklist: Checklist of required permits and regulatory compliance

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

Jurisdiction

Belgium

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions























































Clauses








































Relevant Industries

Construction

Civil Engineering

Real Estate Development

Infrastructure

Commercial Building

Residential Construction

Industrial Construction

Renovation and Restoration

Mechanical and Electrical Installation

Environmental and Sustainable Construction

Relevant Teams

Legal

Procurement

Construction Management

Operations

Finance

Compliance

Health and Safety

Commercial

Project Management

Risk Management

Technical Services

Relevant Roles

Construction Project Manager

Contract Manager

Legal Counsel

Procurement Manager

Site Manager

Construction Director

Commercial Manager

Risk Manager

Health and Safety Officer

Technical Director

Operations Manager

Quantity Surveyor

Chief Financial Officer

Compliance Officer

Project Engineer

Industries










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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