Conditions Of Subcontract For (Construction)

Conditions Of Subcontract For (Construction) Template for Austria

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Key Requirements PROMPT example:

"I need Conditions Of Subcontract For (Construction) for a large-scale commercial building project in Vienna, where we'll be the main contractor engaging multiple specialized subcontractors for mechanical and electrical works, with work scheduled to commence in March 2025 and requiring specific provisions for BIM implementation and sustainable construction methods."

Document background

The Conditions Of Subcontract For (Construction) is a critical document used in Austrian construction projects when a main contractor needs to engage specialized subcontractors for specific aspects of the works. It operates within the framework of Austrian construction law, including the ABGB, BauKG, and ÖNORM B 2110 standards, providing comprehensive terms for subcontracted works. The document is essential for risk management, establishing clear chains of responsibility, and ensuring proper project execution. It includes detailed provisions for payment mechanisms, quality control, safety requirements, and dispute resolution procedures, while maintaining alignment with the main construction contract. This document type is particularly important given Austria's strict construction regulations and the complex nature of modern construction projects requiring specialized subcontractor expertise.

Suggested Sections

1. Parties: Identification of the Main Contractor and Subcontractor, including registration details and addresses

2. Background: Context of the main contract, project details, and relationship to the main contract

3. Definitions and Interpretation: Key terms used throughout the document and rules of interpretation

4. Subcontractor's Obligations: Core obligations including workmanship, materials, compliance with laws and standards

5. Time and Programme: Project timeline, milestones, completion dates, and delay consequences

6. Quality and Defects: Quality standards, inspection procedures, and defect rectification process

7. Payment Terms: Payment mechanism, valuation of works, payment timeline, and retention

8. Variations: Process for handling changes to scope, pricing of variations

9. Insurance and Liability: Required insurance coverage and liability allocation between parties

10. Termination: Grounds for termination, procedures, and consequences

11. Dispute Resolution: Process for resolving disputes, applicable law, and jurisdiction

12. Health and Safety: Compliance with BauKG and safety regulations

13. Environmental Requirements: Environmental protection measures and compliance requirements

Optional Sections

1. Performance Security: Requirements for bank guarantees or performance bonds, used for higher-value contracts

2. Intellectual Property: IP rights provisions, needed when design or innovative construction methods are involved

3. Force Majeure: Provisions for unforeseen events, recommended for longer-term projects

4. Building Information Modeling: BIM requirements and protocols, needed for projects using BIM

5. Liquidated Damages: Pre-agreed damages for specific breaches, useful for time-critical projects

6. Step-in Rights: Main contractor's right to take over works, useful for critical project components

7. Materials Storage and Security: Special provisions for valuable materials or equipment storage

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed description of the subcontract works

2. Schedule 2 - Contract Price and Payment Terms: Detailed pricing, payment schedule, and valuation mechanisms

3. Schedule 3 - Programme: Detailed timeline, milestones, and resource scheduling

4. Schedule 4 - Site Information: Site details, access requirements, and working restrictions

5. Schedule 5 - Technical Specifications: Detailed technical requirements and standards

6. Schedule 6 - Forms of Certificates: Templates for payment, completion, and other certificates

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and minimum coverage

8. Appendix A - Main Contract Extracts: Relevant excerpts from the main contract affecting the subcontract

9. Appendix B - Health and Safety Requirements: Detailed safety procedures and requirements

10. Appendix C - Quality Assurance Plan: Quality control procedures and documentation requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Civil Engineering

Public Works

Energy Infrastructure

Transportation

Healthcare Facilities

Educational Facilities

Retail Construction

Hospitality Construction

Relevant Teams

Legal

Procurement

Commercial

Operations

Construction

Health and Safety

Quality Control

Risk Management

Contract Administration

Project Management

Relevant Roles

Construction Manager

Project Manager

Contract Manager

Commercial Director

Legal Counsel

Procurement Manager

Site Supervisor

Quality Control Manager

Health and Safety Manager

Technical Director

Cost Controller

Risk Manager

Operations Manager

Bid Manager

Construction Director

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