The Cost Plus Contractor Agreement is designed for use in situations where project costs cannot be accurately predetermined or where flexibility in scope is required. This document type is commonly used in Belgium for complex projects in construction, engineering, and other technical sectors. It defines the mechanism for reimbursing the contractor's actual costs plus an agreed fee or percentage markup, while ensuring compliance with Belgian legal requirements. The agreement includes comprehensive provisions for cost verification, project management, quality control, and risk allocation, making it suitable for large-scale or complex projects where traditional fixed-price contracts may not be appropriate. It incorporates specific Belgian jurisdictional requirements, including civil code provisions, tax regulations, and labor laws, while providing a framework for transparent cost management and project execution.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the project
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Services: Detailed description of the services to be provided by the contractor
5. Cost Plus Mechanism: Definition of allowable costs, fee calculation, and markup structure
6. Payment Terms: Invoicing procedures, payment timelines, and documentation requirements
7. Contractor's Obligations: Key responsibilities, performance standards, and deliverables
8. Client's Obligations: Client's responsibilities, including access, information, and approvals
9. Project Management: Management structure, reporting requirements, and communication protocols
10. Quality Standards: Quality requirements and quality control procedures
11. Term and Timeline: Duration of the agreement and key milestone dates
12. Changes and Variations: Procedures for handling changes to scope or requirements
13. Liability and Indemnification: Allocation of risks and responsibilities between parties
14. Insurance: Required insurance coverage and minimum limits
15. Termination: Grounds and procedures for contract termination
16. Confidentiality: Protection of confidential information
17. Governing Law and Jurisdiction: Belgian law application and dispute resolution procedures
1. Intellectual Property Rights: Include when the services involve creation of intellectual property
2. Force Majeure: Include for longer-term contracts or where specific risks need to be addressed
3. Environmental Compliance: Include for projects with environmental impacts or requirements
4. Health and Safety: Include for physical works or on-site services
5. Security Requirements: Include when dealing with sensitive information or secure facilities
6. Personnel Requirements: Include when specific qualifications or security clearances are needed
7. Subcontracting: Include when subcontracting is permitted or requires regulation
8. Warranties: Include when specific performance guarantees are required
9. Step-in Rights: Include for critical services or high-risk projects
10. Data Protection: Include when personal data processing is involved
1. Schedule 1 - Scope of Services: Detailed description of services and technical requirements
2. Schedule 2 - Cost Elements: Detailed breakdown of allowable costs and excluded costs
3. Schedule 3 - Fee Calculation: Formula and examples of fee calculation
4. Schedule 4 - Key Personnel: List of key personnel and their roles
5. Schedule 5 - Rate Card: Agreed rates for personnel and equipment
6. Schedule 6 - Project Schedule: Detailed timeline and milestones
7. Schedule 7 - Required Insurance: Detailed insurance requirements and minimum coverage
8. Schedule 8 - Forms and Templates: Standard forms for reports, invoices, and change orders
9. Schedule 9 - Quality Management Plan: Detailed quality control procedures and standards
10. Schedule 10 - HSE Requirements: Health, safety, and environmental requirements
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