The Contract for Work To Be Done (Werkvertrag) is a fundamental contract type in Austrian business practice, essential for project-based work and specific deliverables. It should be used when a party is commissioned to produce a defined result or work product, rather than providing ongoing services. This contract type is particularly important as it establishes clear boundaries between project-based work and employment relationships, which is crucial for compliance with Austrian labor and social security laws. The document typically includes detailed specifications of the work to be performed, quality standards, acceptance procedures, and warranty provisions. It is governed by Austrian law, specifically the ABGB (Austrian Civil Code), and may need to incorporate additional requirements from consumer protection laws if one party is a consumer, or commercial code provisions if both parties are businesses.
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Key Requirements PROMPT example:
Contract For Work To Be Done
"I need a Contract for Work To Be Done for a software development project where my company will develop a custom CRM system for a retail client, including three months of post-delivery support and maintenance, with project completion scheduled for March 2025."
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OR
1. Parties: Identification and details of the contractor (Werkunternehmer) and client (Werkbesteller)
2. Background: Context of the agreement and general purpose of the work to be performed
3. Definitions: Key terms used throughout the contract
4. Scope of Work: Detailed description of the work to be performed, including specifications and quality standards
5. Time for Performance: Timeline, milestones, and completion date for the work
6. Remuneration and Payment Terms: Price, payment schedule, invoicing requirements, and VAT provisions
7. Acceptance of Work: Criteria and procedure for work acceptance, including inspection rights and handling of defects
8. Warranties: Statutory and additional warranties regarding the quality and performance of the work
9. Liability and Insurance: Extent of liability, limitations, and required insurance coverage
10. Termination: Grounds and procedures for contract termination, including notice requirements
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and competent courts
1. Materials and Equipment: Used when specific materials or equipment are to be provided by either party
2. Intellectual Property Rights: Required when the work involves creation of intellectual property
3. Confidentiality: Needed when sensitive information will be shared during the project
4. Force Majeure: Optional clause defining circumstances beyond parties' control affecting performance
5. Subcontracting: Include when subcontracting needs to be addressed explicitly
6. Site Access and Safety: Required for work performed at client's premises
7. Changes and Variations: Procedure for handling changes to the scope of work
8. Quality Assurance: Specific quality control procedures and standards
9. Training and Documentation: Required when the work includes training or documentation deliverables
10. Maintenance and Support: Include for works requiring post-completion maintenance
1. Technical Specifications: Detailed technical requirements and specifications for the work
2. Price Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Project Timeline: Detailed project schedule with milestones and deadlines
4. Quality Standards: Specific quality standards, certifications, or industry norms to be met
5. Material Specifications: Details of materials to be used in the work
6. Site Plans: Relevant for construction or installation work at specific locations
7. Testing Procedures: Detailed procedures for testing and acceptance of the work
8. Warranty Certificate: Specific warranty terms and conditions
9. Insurance Certificates: Copies of required insurance policies
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Construction
Information Technology
Manufacturing
Engineering
Consulting Services
Architecture
Interior Design
Software Development
Industrial Services
Creative Services
Professional Services
Research and Development
Relevant Teams
Legal
Procurement
Operations
Project Management
Quality Assurance
Technical Operations
Finance
Risk Management
Compliance
Business Development
Contract Administration
Relevant Roles
Project Manager
Contract Manager
Legal Counsel
Procurement Manager
Technical Director
Chief Operations Officer
Business Development Manager
Quality Assurance Manager
Construction Manager
Software Development Manager
Freelance Professional
Independent Contractor
Consulting Manager
Operations Director
Chief Financial Officer
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