First of all, it should be stated that building facilities are a basic and vital need of the building and all cooling and heating facilities, electricity, lighting, audio and video, water and sewage, sanitation and…. To create, you need a facility contract, which is a contract with specialized contractors.
A contractor is a natural or legal person who, upon signing a contract with the employer, undertakes to perform the subject matter of the contract. In facility contracting, the contractor can choose and introduce legal representatives and substitutes in his place, who will also be the contractor.
In this article, we will go over the concept of contracting facilities, their provisions, types, and legal points.
What is the meaning of a facility contract?
An installation contract is a contract between an employer and a contractor for the purpose of establishing installation facilities and mechanical engineering such as electricity, heating and cooling systems, air conditioning, water and electricity, gas, sewage, internal and external communication of buildings, transportation, and so on.
What are the types of facility contracting?
Facility contracting that is concluded with the aim of performing construction facilities are divided into two main types, which are:
1- Electrical / electrical installations
2- Mechanical installations
Mechanical installations are divided into 9 main categories:
1- Heating and cooling facilities
2- Sanitary facilities/water and sewage
3- Gas supply facilities
4- Pool facilities
5- Firefighting facilities
6- Facilities and ventilation of hospitals
7- Installation of steam systems
8- Escalator and elevator facilities
9- Water fountain and fountain facilities
Provisions of the facility contract
Article 1- The parties to the contract
Article 2- Subject of the contract
Article 3- Duration of the contract
Article 4- The amount of the contract
Article 5 – Obligations of the employer and the contractor in the contract
Article 6- Other conditions
Article 7- Bail bonds and guarantees
Article 8- Dispute Resolution / Arbitration
Article 9 – Validity and copies of the contract
Keep in mind that if you are also in the process of concluding a facility contract, you can use the smart contract in the GC-Perfect system to easily and online contract your own facility with all the points and conditions you have in mind.
Seven Important Contract Tips!
Note 1- According to the contract of the facility contractor, the contractor must be present in case of problems and provide an accurate and timely proposal to solve the problems.
Note 2: The contractor must submit his certificates and technical documents before concluding the contract.
Note 3: The contractor of the facility must provide the insurance policies related to the personnel at the time of concluding the contract and in accordance with the provisions of the labor law.
Note 4: The facility contractor is required to have several years of experience as a professional in his job and to provide evidence of this.
Note 5: The contractor is required to follow the warranty of the equipment and after-sales service of the companies as the representative of the employer.
Note 6 – Keep in mind that completing and sending the warranty card for newly purchased equipment is also the responsibility of the facility contractor.
Note 7 – The contractor must submit all completed drawings, instructions, calculations, and checklists to the client and leave them at the project site.
Sample contract for maintenance of building facilities
Specifications of the parties to the contract
1 Employer Profile:
Mr / Ms / Company ……… to management / agency …… to national number / registration number …… to …… .. landline number ……. And mobile number ……. is.
2 specifications of the contractor:
Mr / Ms / Company ……… to management / agency …… to national number / registration number …… to …… .. landline number ……. And mobile number ……. is.
- The subject of the contract and the place of its performance
The subject of this contract is the service, repair, maintenance, and management of mechanical and electrical facilities as follows:
1 electrical installation that includes electrical panels and its protective and control equipment, all matters related to building lighting, including projectors, lamps, transformers, switches and sockets, etc. Adjusting and controlling the load, correcting the power factor of the input volume of the panels, repairing and replacing the electrical parts of the automatic door system and elevators. Inspection and repair of electrical wiring, telecommunications and ductwork.
2 Mechanical installations including thermal-mechanical installations which include mechanical equipment and controllers, electronic burners, boilers, repair of pumps, valves, fan coils, radiators, heating splits, etc. and refrigeration mechanical installations which Includes protective, electronic, and mechanical equipment for gas coolers, descaling of chillers, repair of valves and pumps, microswitches, water coolers, air conditioners, etc.
Location of the operation subject to the contract at. Building ……. To the building permit number …… on the date… ../…. /…. is.
- Calculations and technical specifications of the project
The technical specifications of the project will be based on the drawings and instructions issued by the project employer and the supervising engineer, who will be in charge of controlling and verifying the quality of the materials and their physical progress in accordance with the schedule.
- Contract cost (separately and in general)
For performing the subject of the contract, an amount worth 2 Rials per month and during the contract, a total amount of 2 Rials. Rials are determined.
1 amount of 2 Rials equal to 2% of the total value of the contract will be paid at the time of concluding the contract (in exchange for receiving a guaranteed check in the amount of 2. Rials to number 2 ..).
2 amount of 2 Rials equal to 2% of the total value of the contract after 50% of the work with the approval of the workshop supervisor.
3 amount of 4 Rials equal to 2% of the total value of the contract after the complete completion of the project with approval (selected regulatory body).
4 amount …… equivalent to 2% of the total contract value after the end of the warranty period and elimination of possible defects (warranty period is).).
Documents of the contract
This contract includes the following documents:
A- Contract document (forthcoming contract)
B- General, detailed, and executive plans and all agendas and minutes that are exchanged between the parties to the contract on how to maintain and operate the said electrical and mechanical facilities.
- Duration of the contract
The full duration of the project ……… .. is a working day and the start date of the contract ………… and the end date of the contract …………….
- Delays of the parties in carrying out the project
If the contractor, without the permission of the employer to extend the contract date, attempts to delay the execution of the work, for each day of delay after the expiration of the contract date, 2 Rials will be deducted from the contractor’s claims as a delayed penalty.
On the other hand, if the employer somehow delays the execution of the project, with the approval of the workshop supervisor, the contract execution period will be increased accordingly.
Supervision in the implementation of the obligations undertaken by the contractor in accordance with the provisions of this contract and its attached documents shall be the responsibility of the employer and/or his representative or the supervisory body introduced by the employer. The contractor is obliged to perform the works according to the contract, technical principles, and orders of the employer / or his representative / or the monitoring device, according to the specifications, documents, and documents attached to this contract.
- Equipping and dismantling the project site workshop
Expenses related to equipping and dismantling the workshop are agreed upon by the parties…. Is. He must equip the workshop in such a way that the start and continuation of work until temporary delivery, without interruption and with the necessary quality. At the end of the work, he must take action to destroy and remove the materials from the destruction, the recycled materials from the destruction belong to… …
- Maintaining the percentage of project progress and work materials
The contractor is obliged to maintain the percentage of project progress as well as the materials that are considered in the situation, including what is in the workshop or outside it in warehouses, etc., in an appropriate manner, and in the absence of damage. To compensate.
1 The contractor undertakes to perform all operations related to the implementation of the subject of the contract on a 24-hour basis and in the minimum time at the discretion of the employer. Losses due to non-fulfillment of obligations or fulfillment of incomplete and poor quality at all hours of the day and night are the responsibility of the contractor and the employer is not responsible for this.
2 The contractor is required to submit the documents related to the technical and ethical competence of his staff for the approval of the employer. If this does not happen, the contractor is required to replace the unqualified persons.
3 In order to carry out the operations subject to the contract, the contractor undertakes to use sufficient personnel according to the volume of work. Therefore, non-performance of duties under the pretext of insufficient personnel is not acceptable and will be awarded in proportion to the fine in the form of the contractor’s status.
4 The contractor is obliged to introduce a specialized person (with the approval of the supervisory body) as his authorized representative and full time to respond to the contract and make the necessary coordination in performing the services subject to the contract in writing if he is not present at the place of contract performance. N.
5 The Contractor undertakes to provide all the tools and equipment required for the execution of the subject of the contract.
6 Service personnel must always wear uniforms approved by the employer. For this purpose, the contractor is obliged to deliver two sets of uniform work clothes, helmets and safety shoes, gloves, and masks to each of his personnel after signing the contract.
7 All service personnel must provide a certificate of no criminal record and a certificate of non-drug addiction. Otherwise, the contractor is responsible for the shortcomings of its personnel.
8 The contractor undertakes to provide the necessary specialized and professional training to its employees to implement the subject of the contract.
9 The contractor is obliged to protect the equipment and facilities provided to his forces and is responsible for compensating the employer for damages resulting from the actions of the contractor forces. In case of violation of any of the contractor’s personnel, the company will be legally responsible and the offender will be criminally liable.
10 The contractor does not have the right to transfer the subject of the contract to other persons in whole or in part, whether natural or legal.
11 If the contractor acts contrary to the provisions of the above paragraph and does not transfer the execution of the subject of the contract, or fails to perform the work or refuses to perform the position of the contract for any reason, at the discretion of the employer to prevent loss of rights. He will terminate the contract and the guarantee of the subject of the contract will be confiscated in favor of the employer and the contractor has no right to object.
The 12 contractors undertake to perform the services subject to the contract in accordance with the schedule submitted to the Employer for approval.
13 The Contractor undertakes to comply with the provisions of the Labor Law and the Social Security Law in the performance of the duties subject to the contract and to determine the wages and salaries of its personnel, and to Take over. The employer has no responsibility in this regard.
14 The Contractor undertakes to perform maintenance, service, repair of facilities and machinery in accordance with the manufacturer’s instructions and current standards.
15 The contractor is required to perform his duties in such a way that there is no disturbance in the building environment and repairs subject to the contract must be done in the shortest possible time and in compliance with protective regulations and to avoid making noise at the building and prevent pollution. Environment done.
16 Installation of guides and warning signs for all mechanical and electrical installations is the responsibility of the contractor.
17 Proposals and any changes and modifications in the maintenance system of the facility will be possible through the contractor after the written approval of the monitoring device and the employer.
18 The contractor is responsible for all the welfare of the workers, such as transportation service, purchase, and loan loans, meals, and if the workers use the services provided by the employer, the contractor is obliged to pay the costs. Is relevant.
19 If during the warranty period defects and defects are observed in the work that is due to non-compliance with the specifications and features of the structure, which has already been informed by the employer and the supervising engineer, the contractor is responsible.
20 The responsibility for any misconduct, detection of corruption, prostitution at the place of work or workshop, fraud, conflict and such cases by the contractor’s personnel during the project is the direct responsibility of the contractor.
21 The contractor is liable for the wages and years, bonuses, and Eid of his workers, and in this respect the employer is not responsible.
22 The contractor is required to comply with labor and social security laws in relation to his staff and workers, and any dispute raised by them is the direct responsibility of the contractor.
1 The Employer undertakes to take the necessary action to pay the relevant tax to the relevant accounts on time.
2 Provision of replaceable parts and accessories of the facilities requested by the contractor, after the approval of the technical representative of the employer or the monitoring device, requires the employer to provide them.
3 In case the delay in starting the execution of the subject of the contract is due to negligence or negligence of the employer, the contractor is not responsible in this regard.
4 Supervision in the proper implementation of the obligations accepted by the contractor in accordance with the provisions of this contract and the relevant documents shall be the responsibility of the employer or the monitoring device introduced by the employer.
5 The employer is obliged to insure the workshop against accidents caused by working in the workshop.
6 The Employer shall not be entitled to receive any payment for the items and tools provided to the Contractor.
7 The employer is obliged to settle all necessary payments with the contractor at the end of the full performance of the subject of the contract in accordance with the contract; And in accordance with Article 5 of this contract, make efforts to pay in stages.
8 The cost and provision of water, electricity and gas required by the contractor for the operation at the workshop is the responsibility of the employer.
9 The employer is obliged to ventilate the dining room of the contractor’s staff in the place of the workshop, in order to rest.
10 The employer is obliged to provide a suitable health service to the number of workers in the workshop, if necessary.
- Guarantee of good performance of obligations by the contractor
At the time of signing and exchanging the contract, the contractor undertakes to provide a guarantee of good performance of the obligations in the form of a bank guarantee and/or promissory note to the authorized signature of the company, which is equal to 5% of the total contract amount. If the employer violates the fulfillment of any of his obligations, he is free to confiscate and receive the guarantee documents within the framework of the contract up to the extent of the damage in his favor.
- Monitoring device
Supervise the implementation of the obligations undertaken by the contractor in accordance with the provisions of the contract. Which will be called a monitoring device.
- Project tax
Any taxes and legal deductions belonging to this contract are the responsibility of …… .., which will be determined in accordance with the laws and regulations and will be deducted along with other legal deductions from the status quo provided.
Cases of contract termination
1 Transfer of the contract or assignment of operations to other natural or legal persons by the contractor.
2 Failure to perform all or part of the contract in due time.
3 Delays in starting the project more than 2 days from the date of contract notification.
4 Delays in the execution of work so as to indicate financial and technical incompetence and malice of the contractor.
5 Absence without the permission of the contractor or termination of work without obtaining the written permission of the employer.
Disputes arising from the contract
Disputes arising from this contract will be resolved first through compromise between the parties and in case of non-compromise, by referring to the arbitration authority. The parties to the contract initially chose به as arbitrary arbitration.
1 Emergency such as war, earthquake, lack of raw materials, etc. are reserved for the parties to the contract.
2 In the event of any dispute between the parties to this contract, the matter will be settled through arbitration and the final judgment of the parties in this contract is the competent legal authorities.
The 3 cases not provided for in this contract will be based on the principle of freedom of will by agreement of the parties.
Copy of contract
The contract is in Article 2 and Article 3. The copy has been prepared and signed by the parties and each copy has the same sentence.
Signature and fingerprint of the employer / or his legal representative Signature and fingerprint of the contractor / or his legal representative