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Construction Subcontracts
"I need a Construction Subcontract governed by Austrian law for a specialized HVAC installation project in a medical facility in Vienna, with work scheduled to commence in March 2025, including specific provisions for medical facility compliance and sterile environment maintenance."
1. Parties: Identification and details of the main contractor and subcontractor, including registration numbers and addresses
2. Background: Context of the main construction project and the relationship to the main contract
3. Definitions: Defined terms used throughout the agreement, including project-specific terminology
4. Scope of Works: Detailed description of the subcontracted works, including references to technical specifications
5. Contract Price and Payment Terms: Amount payable, payment schedule, retention provisions, and invoicing requirements
6. Project Timeline: Commencement date, completion date, and key milestones
7. Subcontractor Obligations: Key responsibilities including quality standards, material procurement, and workforce management
8. Main Contractor Obligations: Responsibilities of the main contractor including site access and coordination
9. Health and Safety Requirements: Compliance with BauKG and site safety regulations
10. Quality Assurance: Quality standards, inspections, and approval processes
11. Warranties and Defects: Warranty periods, defect rectification procedures, and liability provisions
12. Insurance and Liability: Required insurance coverage and allocation of risks
13. Variations and Changes: Procedures for handling changes to scope, price, or timeline
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes under Austrian law
16. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
1. Performance Security: Requirements for bank guarantees or performance bonds, if required for high-value works
2. Intellectual Property Rights: IP provisions where design or innovative construction methods are involved
3. Environmental Requirements: Specific environmental obligations beyond standard regulations, for environmentally sensitive projects
4. Confidentiality: Confidentiality obligations for projects involving sensitive information or proprietary methods
5. Force Majeure: Provisions for unforeseen events, particularly relevant for long-term or complex projects
6. Materials and Equipment: Detailed provisions for supply and management of materials when significant materials are provided by the subcontractor
7. Liquidated Damages: Specific damage provisions for delay or performance failures, when required by the main contract
8. Step-in Rights: Rights of the main contractor to take over works, typically for critical project components
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings of the subcontracted works
2. Schedule 2 - Price Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Schedule 3 - Project Timeline: Detailed program of works including milestones and critical path activities
4. Schedule 4 - Quality Management Plan: Specific quality control procedures and requirements
5. Schedule 5 - Health and Safety Plan: Detailed safety procedures and risk assessments
6. Schedule 6 - Insurance Requirements: Specific insurance policies and coverage requirements
7. Schedule 7 - Key Personnel: List of key personnel and their qualifications
8. Schedule 8 - Forms and Certificates: Standard forms for variations, completion certificates, and other project documents
9. Appendix A - Main Contract Excerpts: Relevant provisions from the main contract that apply to the subcontractor
10. Appendix B - Technical Standards: Applicable 脰NORM and other technical standards
Authors
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Public Works
Healthcare Construction
Educational Facilities
Retail Construction
Energy Infrastructure
Transportation Infrastructure
Legal
Procurement
Construction Management
Project Management
Commercial
Operations
Health & Safety
Quality Assurance
Risk Management
Contract Administration
Technical Services
Finance
Project Manager
Construction Manager
Contract Manager
Legal Counsel
Procurement Manager
Site Manager
Quality Control Manager
Health and Safety Manager
Commercial Director
Technical Director
Cost Controller
Risk Manager
Claims Manager
Construction Supervisor
Estimation Manager
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