TERMS AND CONDITIONS (CONSTRUCTION CONTRACT)

1. Parties

  • This contract (“Contract”) is entered into between yourself and the Contractor:

  • Contractor: Detailed in quotation

  • Together, the “Parties”.

2. Purpose of the Contract

  • The Contractor undertakes to carry out the works. The works consist of the quotation prepared by the Contractor and accepted by you.

  • The works shall be executed in accordance with the project prepared by the Contractor, approved by you, and, where required, duly filed with the relevant Professional Association.

3. Price and Payment Terms

  • The total contract price shall be that set out in the quotation accepted by you, including VAT.

  • Payments shall be made as follows:

  • 10% upon acceptance of the quotation.

  • 50% thirty (30) days before execution of the works.

  • The remaining balance upon completion and delivery of the works.

  • All invoices must comply with Spanish VAT Law 37/1992 and other applicable tax regulations.

  • In case of inconsistency between this Contract and the accepted quotation regarding payment milestones, the terms of the accepted quotation shall prevail.

4. Execution Period

  • The Contractor undertakes to complete the works according to the timeline detailed in the quotation, unless delayed by force majeure or approved variations.

5. Permits and Authorisations

  • You shall be responsible for obtaining all municipal building permits and administrative authorisations required for the works.

  • The Contractor shall assist in such procedures if requested.

6. Materials and Equipment

  • The Contractor shall provide labour, tools, machinery, and materials necessary for the proper execution of the works, unless expressly agreed otherwise.

  • All materials must comply with applicable Spanish standards and the technical specifications of the project.

7. Guarantees and Liability

  • The Contractor shall be liable for construction defects as established in Article 1591 of the Spanish Civil Code and LOE 38/1999:

  • 1 year guarantee for defects in finishing or workmanship.

  • 3 years guarantee for defects affecting habitability.

  • 10 years guarantee for defects affecting structural safety (decennial liability).

  • The Contractor shall be liable for damages caused by negligence or breach of contract, except in cases of force majeure.

  • Where required by law, the Contractor shall provide the decennial insurance policy.

8. Subcontracting

  • The Contractor may not subcontract essential works without your prior written consent, except where expressly permitted in the project and in compliance with applicable regulations.

9. Health and Safety

  • The Contractor shall comply with all applicable occupational health and safety regulations (Law 31/1995 on Prevention of Occupational Risks) and ensure safe working conditions on site.

10. Termination

  • This Contract may be terminated:

  • By mutual agreement of the Parties.

  • By material breach by either Party.

  • At your request, in accordance with Article 1594 of the Spanish Civil Code, provided that the Contractor is compensated for works already performed and materials purchased.

  • If the Contract is terminated before execution of the works, the 10% deposit paid upon acceptance of the quotation shall be non-refundable.

11. Governing Law and Jurisdiction

  • This Contract shall be governed by the Spanish Civil Code, the Building Act (LOE 38/1999), and other applicable Spanish legislation.

  • The Parties expressly submit to the Courts and Tribunals of Alicante, waiving any other jurisdiction that may apply.

12. Entire Agreement

  • This Contract constitutes the entire agreement between the Parties and supersedes any prior agreements, written or oral.

13. Amendments and Change Orders

  • Any amendment or modification to this Contract shall be valid only if made in writing and signed by both Parties. No verbal agreements or understandings shall have binding effect unless confirmed in writing.- Any variation in the scope of works, materials, design, price, or timeline (“Change Order”) must be documented in writing as an addendum to this Contract. Such Change Order shall specify:

  • The nature and details of the change.

  • The adjustment to the contract price, if any.

  • The adjustment to the execution period, if any.

  • The Contractor shall not proceed with any variation without your prior written approval.

  • Approved Change Orders shall form part of this Contract and be binding on both Parties.

14. Accidental Damage to Property

  • The Contractor shall take reasonable care to avoid accidental damage to existing property, fixtures, or equipment during the execution of the works.

  • The Contractor shall be solely liable for any accidental damage caused by themselves or their employees.

  • The Contractor shall not be liable for any accidental damage caused by subcontractors.

  • You acknowledge and accept the risk of any accidental damage caused by subcontractors during the execution of the works.

  • The Client shall promptly notify the Contractor of any damage, and the Contractor shall repair, replace, or compensate for damage caused by themselves or their employees.

Acceptance

By accepting the quotation provided by the Contractor, you confirm full agreement with the terms and

conditions set out in this Construction Contract.