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IMCA Marine Construction Contract Form of Agreement

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

___________________________ ___________________________

a

company

having

its

registered

office

at

company

having

its

registered

office

at

hereinafter called the COMPANY and

___________________________ ___________________________

a

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.

Section I

2.

Section II

Form of Agreement including Appendix 1; a) General Conditions of the IMCA Marine Construction Contract; b) Special Conditions of Contract;

3.

Section III

Remuneration;

4.

Section IV

Scope of Work;

5.

Section V

Administration Instructions;

6.

Section VI

Health, Safety and Environment;

7.

Section VII

Quality Management;

8.

Section VIII

Other Provisions

9.

Section IX

Documents and Drawings;

Section X

Materials, Services and Facilities to be provided by the

10. COMPANY;

IMCA Marine Construction Contract Form of Agreement 11.

Section XI

CONTRACTOR’s 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:

For:

(COMPANY)

(CONTRACTOR)

Name:

Name:

Title:

Title:

Date:

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

The SCHEDULED COMPLETION DATE is ______________________

Section II Clause 1.22

“TERRITORY” shall mean the country ______________________

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)

Amount is ______________________

Clause 14.6(d)

Restrictions to free and unrestricted access ______________________

Clause 15.2(d)

Number of days ______________________

Clause 15.5

Clause 16.8

Period of force majeure delay is ______________________ a)

Number of days at zero rate ___________________

b)

Number of days: _________________ at rate: ___________________

c)

Time period is ______________________

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

Clause 16.9

The time period is ______________________

Clause 17.3

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

Period of insurance

Clause 24

Construction All Risks Insurance to be arranged by COMPANY

YES/NO (delete as applicable) If “YES”, then: Clause 24.1

Deductible per event ______________________

Clause 27.1

The CONTRACTOR shall import the following into the TERRITORY ____________________________________________

Clause 28.1

Clause 28.2

Completion times are as follows: i)

For the relevant part of the WORK _______________________

ii)

For ______________________

________________________

iii)

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,

rectified or replaced

______________________ iii)

For ______________________ The cumulative defects correction period is ______________________

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

Clause 35.1

The addresses for the service of notices are: i)

COMPANY ______________________

ii)

CONTRACTOR ______________________

Liquidated Damages ______________________ Grace Period ______________________

Clause 35.3

______________________ “waiting on weather days” allowed Schedule of Key Dates:

1. ______________________

2 ______________________ 3. ______________________ Clause 36.1

Limitation of Liability is ______________________

Clause 36.2

The Limitation Period is ______________________ from ______________________

Clause 37.1(b)

Resolution of Disputes. The nominees are:

i)

COMPANY

______________________

ii)

CONTRACTOR ______________________

Clause 37.1(c)Further persons are ______________________ Clause 37.2

The rules of Arbitration are _____________________ The place of Arbitration is ______________________