/ Company name / / registered office / / National identification No. (OIB) / represented by director / name and surname of director / (hereinafter referred to as: „Contracting party“)
and
/ Name and surname / company name / /registered office / / National identification No. (OIB) / (hereinafter referred to as: „Contractor“)
entered today into the following:
CONTRACT ON THE DEVELOPMENT
OF PROJECT DOCUMENTS
INTRODUCTORY PROVISIONS
Article 1
The Contracting parties acknowledge and establish that:
a. The Contracting party is the owner of the land (or the holder of the construction right) on the land plot no. (specify the number of land plot and the cadastral municipality and the land registry court) in the area of planning (state the spatial document) as well as the investor of the construction on the same land plot with the associated utility, energy, traffic and external planning within the frame of the mentioned land plot,
b. The land plot on which the object is (i.e. shall be) located (provide the name and specifications of the object) comprises (specify the size) m2,
c. The object includes (specify the size) m2 of gross floor area and (specify the size) m2 of exterior design, specify other details as needed)
d. that the Contracting party has given the project assignment to the Contractor (specify the designation of the project assignment) with the annexes which are an integral part of this contract in accordance with Article 2 hereof.
SUBJECT-MATTER OF THE CONTRACT
Article 2
The Contractor shall provide to the Contracting party the project documents pursuant to the project assignment and the commission which are an integral part of this Contract and are enclosed thereto.
Article 3
The Contracting Parties acknowledge and establish that:
- the project assignment
is an integral part hereof.
By signing this Contract the Contractor confirms he has received from the Contracting party a project assignment the Contracting party's basic specifications requirements in respect of the objects or works are provided, as well as the general data and basic elements for access to further works or stages, and whose content has been sufficiently specified from the point of view of the architectural practice and profession, as well as the project documents.
FEES
Article 4
A. The Contracting Parties acknowledge and establish that the fee for the provision of supervision services over the execution of works which is the subject-matter hereof shall be determined by the number of hours required for the execution of the given service.
The number of hours required for the performance of the architectural service shall be determined and calculated in accordance with the Ordinance on the Standard of Architectural Services which is an integral part of the General Terms and Conditions referred to in Article 11, Paragraph 1 hereof.
The Contracting Parties acknowledge and establish that the price of the hour shall be of HRK ......
B. The Contracting Parties acknowledge and establish that the price for the development of project documentsshall be ofHRK ......
Article 5
For the provided service the Contracting party shall pay to the Contractor the contracted price referred to in Article 4 hereof within 8 days upon issuing the payment basis document.
The Contractor shall provide to the Contracting party a payment basis document:
A.Upon completion of each phase of the contracted service.
B. Upon full completion of the entire service.
Article 6
The Contracting party shall compensate the Contractor and the actual material expenditures that were necessary for the performance of the subject-matter of this Contract.
The expenditures referred to in paragraph 1 of this Article shall be calculated separately.
TIME LIMITS FOR SERVICE PERFORMANCE
Article 7
The Contractor shalldevelop the project documents, which re the subject-matter of this commission, within the following time limits:
-....
-....
-....
CONTRACT TERMINATION
Article 8
The Contracting parties may terminate this Contract in accordance with the provisions of the General Terms and Conditions referred to in Article 9, paragraph 1 hereof.
FINAL PROVISIONS
Article 9
The Contracting Parties acknowledge and establish that the General Terms and Conditions of Contract for the Provision of Architectural Services as well as the Annexes thereto published on the WEB page of the Croatian Chamber of Architects are an integral part hereof.
The Contracting Parties acknowledge and establish that they are familiar with the content of the General Terms and Conditions referred to in paragraph 1 of this Article and agree to apply them to their contractual relationship.
To any matters not specifically regulated hereby, nor by the General Terms and Conditions from Paragraph 1 of this Article, the provisions of the Ordinance on the Standard of Architectural Services adopted by the general meeting of the Croatian Chamber of Architects at its session held on 13/12/2013 shall apply mutatis mutandis.
In the event of any discrepancy between this Contract, the General Terms and Conditions referred to in paragraph 1 of this Article and the contract documents, the provisions of this contract and the contract documents shall prevail.
Article 10
The Contracting Parties acknowledge and establish that this Contract has been made conscientiously and deliberately, neither by mistake nor under duress, and they waive hereby the right to challenge this Contract for any reason whatsoever, and in particular for defective intent.
Article 11
Any disputes that may arise between the Contracting party and the Contractor shall be primarily peacefully settled by the Contracting party and the Contractor.
- If the dispute cannot be solved peacefully, the Contracting party and the Contractor shall contract the jurisdiction of the competent court according to the place of the seat of the Contractor unless otherwise specifically agreed to.
- If the dispute cannot be solved peacefully, the Contracting party and the Contractor shall agree to the jurisdiction of the Permanent Arbitration Court at the Croatian Chamber of Commerce, and the dispute shall be resolved by applying the Zagreb Rules in a Chamber of 3 arbitrators.
Article 12
The Contracting Parties acknowledge and establish that if a particular provision of this Contract was found null and void this shall not cause the entire contract to be declared null and void. In the case described above, the Contracting Parties shall amend the contract as appropriate, or supplement it with a valid provision which shall be, in terms of its content and with respect to its economic purpose and meaning as close as possible to what the Contracting Parties wished to contract, i.e. what they would have contracted had they been aware of the invalid provision or contractual void.
Article 13
This Contract has been made in 2 identical counterparts, one for each Contracting Party.
Done at...... on xx xxxxxx
______
Contracting party
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Contractor