Contract for Works
Template contract for works (contract of works and labour, locatio operis) under which a contractor undertakes to carry out a defined job for a client against a price: renovation, installation, design, repairs. The Civil Code (Cap. 16) governs the contract: the client may withdraw at any time but must indemnify the contractor for expenses, work done and lost profit, and in building contracts the architect and the contractor answer for fifteen years for the collapse or danger of collapse of the building caused by a construction or ground defect, with the action to be brought within two years of the event (article 1638). Describe the work precisely and attach the estimate and drawings.
Contract for Works
CONTRACT FOR WORKS
THE CLIENT: [full name], holder of identity card / passport No. [number], of [address].
THE CONTRACTOR: [full name / company, registration No.], of [address].
1. SCOPE OF THE WORK
The Contractor undertakes to carry out the following work for the Client: [detailed description of the work, specifications, materials and results to be achieved].
2. PRICE
The agreed price for the work is [amount] EUR ([amount in words]), [as a lump sum / calculated per unit as set out in the annexed estimate]. Payment shall be made [on delivery / in the following instalments].
3. MATERIALS
The materials shall be supplied by [the Contractor / the Client]. Where supplied by the Contractor, he warrants their suitability and quality for the agreed work.
4. TIME FOR PERFORMANCE
The work shall commence on [date] and be completed and delivered by [date]. The Contractor shall notify the Client when the work is ready for acceptance.
5. ACCEPTANCE
Upon completion the Client shall inspect the work and, if it conforms to the agreement, accept it. Apparent defects shall be noted on acceptance.
6. LIABILITY FOR DEFECTS
The Contractor answers for defects in the work and for non-conformity with the agreed specifications in accordance with the Civil Code. The Client may require the defects to be remedied within a reasonable time.
7. TERMINATION
The Client may withdraw from the contract in the cases allowed by law, indemnifying the Contractor for the expenses, work and loss of profit as provided by the Civil Code.
8. GOVERNING LAW AND JURISDICTION
This contract is governed by the laws of Malta, and the Maltese courts shall have jurisdiction over any dispute arising from it.
Signed in duplicate at [place], on [date].
The Client: ______________________ The Contractor: ______________________
Legal basis
Frequently asked questions
Can the client cancel the works after they have started?
Yes. The Civil Code allows the client to withdraw from a contract for works at any time, even after work has begun, but he must indemnify the contractor for the expenses incurred, the work already done and the profit the contractor would have made.
How long is a contractor liable for defects in a building?
Under article 1638 of the Civil Code the architect and the contractor are responsible if, within fifteen years of completion, the building perishes or is in manifest danger of falling to ruin because of a construction defect or a defect in the ground. The action for damages must be filed within two years of the event.
Who supplies the materials?
The parties decide. If the contractor supplies them, he warrants their quality and suitability for the work and the risk of loss before delivery is normally his. If the client supplies them, the contractor must warn the client of materials that are evidently unsuitable.