General contracting agreement for water park construction
A water park is a large construction and investment project, and its success is largely dependent on the general contractor's professionalism. The contractor's job is to turn the virtual project into a physical one that will match the customer's expectations in the future. This article is intended to assist the customer in organising the relationship with the contractor and to prevent the client from being disappointed in the final stage of plan implementation due to dishonesty or unqualified builders.
When selecting a general contractor, use common sense and the advice of experts based on their experience in the relevant field at various phases of project implementation. In this instance, you should avoid reacting to advertisements or claims of speedy construction methods and low-cost construction work made by various building businesses, because the safety of guests, the reputation of the water park, and its financial attractiveness will all be at stake.
This article will discuss how to turn all of a construction company's promises into reality, which is the key to a successful building project.
When choosing a general contractor, it is critical to inquire about his work experience and to research the construction projects he has completed in your area. It is critical to ensure that the organisation hires people who have previously worked on the building of complex things. It is critical to carefully evaluate the used general contractor throughout construction technologies and techniques of construction, its material and technical foundation, labour reserves, and partnerships with material and equipment suppliers.
Holding a tender between construction businesses is the most sensible and acceptable way to tackle the problem of choosing a general contractor. This allows you to examine the capabilities of construction partners objectively and select the best alternative for the project. The terms and conditions submitted by the companies in the tender form the basis of the subsequent building contract.
Let us now discuss the official registration of the general contract. A fairly large number of normative legislative acts, both mandatory and recommendatory in form, govern economic and legal relations in the building industry. Aside from the set contract conditions, there are other norms, rules, and state standards that govern the order and demands of the construction process on certain aspects of the product. Without the necessary skills, it is impossible to comprehend this section of the rules on your own. The fundamental documents governing legal relations in the conclusion of building contracts are the Civil Code and the Commercial Code. Furthermore, the normative acts approved a model general contract. All of these documents govern the fundamental terms of completed construction contracts, allowing the client to set the standard early on in the process of creating a contractual connection with a specific partner.
At the same time, it is critical to set the specific terms of construction contracts. The so-called responsiveness and influence of the client in contract fulfillment should be provided. This includes the customer's right to permanent control over the progress of work, phases of work, and the contractor's prompt completion of work. It is also possible to include the contractor's obligation to provide information on the progress of the work at the customer's request, as well as the customer's right to engage independent experts to determine the quality of work performed in the intermediate stages of construction, allowing you to respond to the contractor's shortcomings and minimize future risks.
To conduct out operational control of the construction process, the customer should choose a member of his staff (or multiple members of the commission) who will be authorized to carry out such control. The organization's rational control gives the client trust in timely quality outputs. The customer shall additionally specify the procedure to be followed in the event of defects to be corrected in the terms of this contract.
Prompt control is especially important when the contract specifies a phased completion deadline. The linking of payment to staggered completion dates and the customer's authority to withhold payment if flaws or substandard work are detected until they are fixed is another essential instrument for influencing the contractor's compliance with the contract. The latter is critical, because even if the contractor performs subpar work, this is not a foundation for the client failing to satisfy its responsibilities for prompt payment if the contract does not specify the terms of intermediate acceptance of work. We should note that there are numerous other ways to influence the contractor's good faith performance of his obligations under the contract of work, ranging from minor but pleasant in their observance to quite serious, such as contract termination, payment of penalties, and the cost of work actually accepted by the customer.
Important considerations for the contract draft:
- The condition of relevant licenses for particular construction works is one of the significant elements.
- The list of works under the general contract, which constitute the subject matter of this contract, must be stated with reference to the design and estimated paperwork.
- If there are deficiencies in the documents that could jeopardize the construction of the water park, the customer should stipulate the contractor's responsibility for the development of documents (if these documents are prepared by the contractor).
- The deadline for the work in this contract must be clearly defined by the parties in the schedule of construction work.
- The price under a general contract is determined in accordance with the standards for estimating the cost of construction (the contract terms should explicitly explain the mechanism for funding the work).
- The customer should calculate the procedure for raising funds to finance the construction in order to avoid delays in construction work as well as the emergence of disputes and disagreements on the timely performance of contractual obligations by the general contractor.
- The contractor's definition of potential hazards that may develop during building work (risks of water park structure destruction), as well as the implementation of their insurance.
- The defining of the procedure for selecting and employing a subcontractor, as well as the requirements that apply to them, is a critical component.
- The procedure for accepting finished work must follow the order of acceptance into service of completed construction projects.
- The contract terms should establish the general contractor's warranty obligations in the water park commissioning: the procedure for summoning a contractor representative, the terms of defect elimination, the mechanism for bringing the general contractor to responsibility and compensation by the latter for losses caused to the customer, as well as the payment of penalties to him.
This liability should be created on the basis of existing court practice and similar court disputes to assess the liability under this contract, which will be an effective weapon to protect the customer's legitimate interests. Consider the legal opinions on this topic to avoid any negative effects of litigation in the form of a failure to satisfy the customer's demands.
