The chief negotiators will sign their agreement on a substantive issue by initializing a sub-agreement. Again, these are just some of the key clauses and considerations you need to think about when developing your subcontracting agreement. The most important thing to remember is that you don`t want to compromise any of the promises you made to your own customer by briefly selling to a subcontractor. Think ahead, prepare ahead. Limitation of liability: the interface agreement could limit the liability of the parties in different ways. It is likely that the overall liability of subcontractors for the project is not greater than the ceiling of liability in the main subcontracts. It could also provide, for example, the absence of liability for indirect losses incurred by the subcontractor under the agreement, including loss of earnings, business prospects or value, or establish a minimum monetary value for claims to avoid dubious claims being invoked by both parties. It is not uncommon in these agreements that there are individual liability caps for a specific party or issue. Projectco and FM-Anbieter must also agree on residual liability for defects, even after the expiry of the contractor`s deferred liability period.
Donors will also participate in these discussions. The alternative to an interface agreement is that these issues are addressed in each of the sub-contracts. In this model, each subcontractor has a separate contract relationship with Projectco, so that in the event of a claim, Projectco can recover what it can recover from the other subcontractor. The problems with this are that the agreement with the Holder sub-agreement will contain the obligations necessary for the recipient to report in its entirety and provide Canada with information that Canada can request under the terms of that agreement. In the absence of an interface agreement, the costs and losses for which the contractor is responsible are generally included in the Facility Management Agreement. On the other hand, the parties can and can generally agree that the contractor has two obligations: one from Projectco to cover its costs related to the performance of debt repayment obligations and loss of income; and one to the FM provider to cover its shortfall and the additional costs associated with the delay. As a general rule, the fm-provider is not entitled to damages if the delay is caused by a case of force majeure or by a discharge event. Dispute resolution: The interface agreement generally provides for a number of levels of dispute resolution.