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Construction Service Agreement
"I need a Construction Service Agreement for a commercial warehouse renovation project in Vienna, with work starting March 2025, including specific provisions for asbestos removal and maintaining operations during construction."
1. Parties: Identification of the contracting parties - the contractor (Werkunternehmer) and the client (Werkbesteller), including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including project overview and purpose of the construction services
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terminology
4. Scope of Works: Detailed description of the construction services to be performed, including specific deliverables and exclusions
5. Project Timeline: Construction schedule, milestones, completion dates, and any provisions for extensions of time
6. Contract Price and Payment Terms: Pricing structure, payment schedule, treatment of variations, and invoicing requirements
7. Contractor Obligations: Key responsibilities of the contractor, including quality standards, compliance with regulations, and supervision requirements
8. Client Obligations: Client's responsibilities, including site access, permits, approvals, and provision of necessary information
9. Materials and Equipment: Provisions regarding procurement, quality, and approval of construction materials and equipment
10. Quality Assurance: Quality control measures, inspections, and acceptance procedures
11. Health and Safety: Safety requirements, compliance with BauKG and BauV, risk management procedures
12. Warranties and Defects: Warranty periods, defect notification process, and remediation procedures
13. Insurance and Liability: Required insurance coverage and allocation of risks between parties
14. Force Majeure: Provisions for unforeseen circumstances and their impact on contract performance
15. Termination: Grounds and procedures for contract termination, including consequences
16. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
17. General Provisions: Standard contractual provisions including notices, amendments, and severability
1. Environmental Requirements: Specific environmental obligations and sustainability requirements, included when project has significant environmental aspects
2. Subcontracting: Rules and procedures for engaging subcontractors, included when subcontracting is permitted
3. Intellectual Property: IP rights provisions, included when design or innovative construction methods are involved
4. Performance Security: Requirements for performance bonds or guarantees, included for larger projects
5. Site Conditions: Provisions regarding ground conditions and site investigations, included for ground-up construction
6. Permissions and Permits: Detailed provisions regarding building permits and authorizations, included for complex projects requiring multiple permits
7. Financing Provisions: Specific provisions related to project financing, included when external financing is involved
1. Schedule 1 - Technical Specifications: Detailed technical requirements and construction specifications
2. Schedule 2 - Bill of Quantities: Itemized list of quantities and prices for materials and works
3. Schedule 3 - Project Timeline: Detailed construction schedule with milestones and critical paths
4. Schedule 4 - Site Plan and Drawings: Construction drawings, site plans, and technical diagrams
5. Schedule 5 - Quality Control Plan: Detailed quality assurance and control procedures
6. Schedule 6 - Health and Safety Plan: Detailed health and safety procedures and requirements
7. Schedule 7 - List of Approved Materials: Specifications of approved construction materials and suppliers
8. Schedule 8 - Form of Payment Application: Template for progress payment applications
9. Schedule 9 - Form of Completion Certificate: Template for works completion certification
10. Schedule 10 - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
Authors
Construction
Real Estate
Infrastructure
Commercial Property
Industrial
Residential Development
Hospitality
Healthcare
Education
Retail
Manufacturing
Energy
Transportation
Public Sector
Legal
Operations
Commercial
Procurement
Project Management
Risk Management
Finance
Compliance
Health & Safety
Technical Services
Quality Assurance
Construction Management
Business Development
Contract Administration
Construction Manager
Project Director
Legal Counsel
Contract Manager
Procurement Manager
Site Manager
Chief Executive Officer
Operations Director
Commercial Director
Technical Director
Risk Manager
Quality Assurance Manager
Health and Safety Officer
Project Engineer
Quantity Surveyor
Chief Financial Officer
Business Development Manager
Compliance Officer
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