1 sub contract agreement

STANDARD FORM OF SUB-CONTRACTFOR NOMINATED SUB-CONTRACTORS FOR USE IN CONJUNCTION WITH THE FIDIC FORM OF CONTRACT FOR CONSTRUCTION FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPL

STANDARD FORM OF SUB-CONTRACT

FOR NOMINATED SUB-CONTRACTORS

FOR USE IN CONJUNCTION WITH THE FIDIC FORM OF CONTRACT FOR CONSTRUCTION FOR BUILDING AND ENGINEERING

WORKS DESIGNED BY THE EMPLOYER (1987 EDITION)

“Back to back” document with the Contract Agreement between the Employer and the Main Contractor for works to be carried out on this Project.

SUB-CONTRACT AGREEMENT

THIS SUB-CONTRACT is made the day of _ of 20

BETWEEN

COTEC CONSTRUCTION JOINT STOCK COMPANY (COTECCONS)

A Company established and existing under the Laws of Vietnam, whose details are as follows:

Address : 194/2 Nguyen Trong Tuyen St., Ward 8, Phu Nhuan District, HCMC, Vietnam

Telephone : (84-8) 3997 9168 – 3997 9169

Fax : (84-8) 3997 9167

Email : coteccons@vnn.vn

Represented by Mr NGUYEN BA DUONG - General Director

Hereinafter called “The Main Contractor” of the one part.

AND

And (insert Company name) a Company established and existing under the Laws of Vietnam,

whose details are as follows:

Address : Telephone : Fax : Email : Bank : Account No : Represented by _ - General Director

Hereinafter called “The Nominated Sub-Contractor” of the other part.

Whereas

A The Main Contractor is desirous that the (insert trade works) should be executed in accordance with these Sub-Contract documents for the construction of the Condominium Blocks A, B and C

at Marble Mountain Beach Resort, Hoa Hai Ward, Ngu Hanh Son District, Da Nang city,

Vietnam, and has accepted the said Tender by the Nominated Sub-Contractor for the

construction and completion of these works and the remedying of any defects therein

B The Main Contractor is desirous of having the design (to the extent required by the Nominated Sub-Contract), execution and completion of the works of which particulars are set out in the Tender Documents and which form part of the Main Contract works and are to be executed in accordance with the provisions of the Main Contract

C The Noninated Sub-Contractor has had reasonable opportunity to examine and has full knowledge of all the provisions of the Main Contract (except the details of the prices included therein)

NOW IT IS HEREBY AGREED AS FOLLOWS:

1 In this Agreement words and expressions shall have the same meaning as are respectively assigned to them in the Sub-Contract Conditions hereinafter referred to

2 The following documents in decending order of priority shall be deemed to form and be read and constructed as part of this Sub-Contract

a This Contract Agreement

b The letter of acceptance dated (insert date): From the Main Contractor.

c The Main Contractors special conditions of Contract

(This Document will include any changes/ alterations to the Tender submission and will have priority over them).

d The letter of Tender dated (insert date).

e The general conditions of Contract: Plus the Appendix to Tender

f The conditions of particular application including Amendments there to

g The drawings and schedules

h The Specifications

i Any other Documents forming part of this Contract

3 In consideration of the payment to be made by the Main Contractor to the Nominated Sub-Contractor as hereinafter mentioned, the Nominated Sub-Sub-Contractor shall carry out and complete the Contract Works in comformity in all respects with the provisions of this Sub-Contract

4 In consideration of the Nominated Contractor carrying out and completing the Sub-Contract works, the Sub-Contractor shall pay the Nominated Sub-Sub-Contractor the sum of:

VND (Insert number) (Insert in writing) excluding VAT

And

VND (Insert number) (Insert in writing) including VAT

Details of payment

Payments will only be made to the Nominated Sub-Contractor within a period of 14 days from

receipt of monies by the Main Contractor from the Employer

In witness whereof the parties hereto have caused this agreement to be executed in accordance with the Laws of Vietnam Socialist Republic on the aforementioned day and

Signed and sealed by the Main Contractor

Cotec Construction J.S Company

Name : Nguyen Ba Duong

Position : General Director

Date :

Signed and sealed by the Nominated Sub Contractor

(insert Company name)

Name :

Position :

Date :