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Cost Plus Construction Agreement
"I need a Cost Plus Construction Agreement under Austrian law for a large-scale hotel renovation project in Vienna, with a target completion date of July 2025, including specific provisions for working in a historic building and managing tourist access during construction."
1. Parties: Identification of the contractor and client, including full legal names and addresses
2. Background: Context of the agreement and brief description of the construction project
3. Definitions: Definitions of key terms used throughout the agreement, including cost-plus specific terminology
4. Scope of Works: Detailed description of the construction works to be performed
5. Cost Plus Structure: Definition of costs, contractor's fee/markup, and payment mechanisms
6. Payment Terms: Payment schedule, invoicing requirements, and cost verification procedures
7. Contractor Obligations: Key responsibilities and obligations of the contractor
8. Client Obligations: Key responsibilities and obligations of the client
9. Time for Completion: Project timeline, completion dates, and milestone requirements
10. Variations: Process for handling changes to scope and associated cost implications
11. Quality and Standards: Required quality standards and compliance with Austrian building regulations
12. Site Access and Conditions: Terms regarding access to and use of the construction site
13. Insurance and Liability: Insurance requirements and allocation of risks
14. Warranties: Contractor's warranties and guarantee obligations under Austrian law
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Procedures for resolving disputes under Austrian jurisdiction
17. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
18. General Provisions: Standard boilerplate clauses including notices, assignments, and amendments
1. Performance Security: Requirements for performance bonds or guarantees, if required for larger projects
2. Phased Completion: Specific provisions for projects with multiple completion phases
3. Environmental Requirements: Special environmental obligations beyond standard regulations
4. Testing and Commissioning: Detailed testing requirements for complex technical installations
5. Intellectual Property: IP rights provisions where design or innovative construction methods are involved
6. Subcontracting: Specific provisions regarding subcontractor engagement and management
7. Force Majeure: Extended force majeure provisions for high-risk or long-term projects
8. Acceleration: Provisions for accelerating works if required
9. Liquidated Damages: Specific damages provisions for delay or performance issues
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Cost Components: Breakdown of allowable costs, excluded costs, and markup calculation
3. Schedule 3 - Personnel Rates: Agreed rates for contractor's personnel and management
4. Schedule 4 - Equipment Rates: Agreed rates for contractor's equipment and tools
5. Schedule 5 - Project Timeline: Detailed project program and milestone dates
6. Schedule 6 - Quality Management Plan: Specific quality control procedures and requirements
7. Schedule 7 - Site Information: Site details, access points, and known conditions
8. Schedule 8 - Forms and Procedures: Standard forms for variations, progress claims, and completion certificates
9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and coverage requirements
10. Schedule 10 - Health and Safety Requirements: Specific health and safety procedures and obligations
Authors
Construction
Real Estate
Infrastructure
Commercial Property
Industrial Development
Residential Development
Healthcare Facilities
Education Facilities
Hospitality
Retail Development
Energy and Utilities
Transportation
Legal
Construction
Commercial
Procurement
Finance
Operations
Project Management
Risk Management
Technical Services
Business Development
Contract Administration
Quality Assurance
Construction Manager
Project Director
Contract Manager
Commercial Director
Legal Counsel
Quantity Surveyor
Cost Controller
Project Manager
Site Manager
Procurement Manager
Risk Manager
Finance Director
Technical Director
Operations Manager
Chief Executive Officer
Development Manager
Construction Lawyer
Architect
Engineering Manager
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