The Engineering and Construction Subcontract is a crucial document used when a main contractor needs to delegate specific portions of a construction project to specialized subcontractors under Austrian law. This type of agreement is particularly important in complex construction projects where specialized expertise is required for certain aspects of the work. The document incorporates requirements from Austrian construction law, including the ABGB, UGB, and relevant construction regulations, while also addressing practical aspects of project execution. It is designed to clearly define responsibilities, establish quality standards, set payment terms, and ensure compliance with local regulations. The agreement typically relates to a main contract with a project owner and includes provisions for coordinating multiple subcontractors on site.
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1. Parties: Identification and details of the Main Contractor and Subcontractor, including registration numbers and addresses
2. Background: Context of the main contract, project overview, and basis for the subcontract
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the contract
4. Scope of Works: Detailed description of the subcontracted works, including technical specifications and standards
5. Main Contractor's Obligations: Key responsibilities of the main contractor, including provision of access, information, and materials
6. Subcontractor's Obligations: Core duties of the subcontractor, including quality standards, workforce, and compliance requirements
7. Programme and Time for Completion: Project timeline, milestones, and completion requirements
8. Price and Payment: Contract price, payment terms, variations, and invoicing procedures
9. Quality and Inspection: Quality requirements, testing procedures, and inspection rights
10. Health, Safety and Environment: HSE requirements and compliance with Austrian regulations
11. Insurance and Liability: Required insurance coverage and liability provisions
12. Warranty and Defects: Warranty periods and defect rectification procedures
13. Termination: Grounds and procedures for contract termination
14. Dispute Resolution: Procedures for resolving disputes under Austrian law
15. General Provisions: Standard clauses including notices, amendments, and governing law
1. Performance Security: Required when the project value exceeds certain thresholds or when specifically requested by the main contractor
2. Intellectual Property Rights: Needed when the works involve design responsibilities or proprietary technologies
3. Force Majeure: Detailed force majeure provisions for high-risk or long-term projects
4. Environmental Management: Required for projects with significant environmental impact
5. Local Content Requirements: Necessary when there are specific local content obligations
6. Confidentiality: Detailed confidentiality provisions for projects involving sensitive information or technology
7. Step-in Rights: Required for critical project components where main contractor may need to take over
8. Building Information Modeling (BIM): Needed when BIM is used in the project
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Programme: Detailed project timeline and milestone dates
3. Schedule 3 - Price and Payment Schedule: Breakdown of prices, rates, and payment milestones
4. Schedule 4 - Quality Management Plan: Detailed quality assurance and control procedures
5. Schedule 5 - HSE Requirements: Detailed health, safety, and environmental requirements
6. Schedule 6 - Form of Bonds and Guarantees: Templates for required security documents
7. Schedule 7 - Key Personnel: List of key personnel and their qualifications
8. Schedule 8 - Forms and Certificates: Standard forms for applications, certificates, and notices
9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and minimum coverage
10. Appendix A - Site Rules and Regulations: Site-specific rules and procedures
11. Appendix B - Main Contract Excerpts: Relevant provisions from the main contract that apply to the subcontract
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