The Contractor Subcontractor Contract Agreement is a crucial document used when a main contractor wishes to delegate specific aspects of their contractual obligations to a specialized subcontractor. This agreement is particularly important in the Austrian business context, where it must comply with specific requirements under the ABGB (Austrian Civil Code), UGB (Commercial Code), and relevant labor laws. The document establishes clear boundaries of responsibility, defines the scope of work, sets performance standards, and ensures proper classification of the subcontractor relationship to avoid issues with false self-employment (Scheinselbst盲ndigkeit). It includes provisions for payment terms, liability allocation, insurance requirements, and intellectual property rights, while maintaining compliance with Austrian and EU regulations. This agreement is essential for protecting both parties' interests and ensuring clear documentation of their business relationship.
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Key Requirements PROMPT example:
Contractor Subcontractor Contract Agreement
"I need a Contractor Subcontractor Contract Agreement under Austrian law for an IT development project where my company will be subcontracting software development services to a Vienna-based tech firm, with work starting March 2025 and including specific provisions for intellectual property rights and data protection."
1. Parties: Identification of the main contractor and subcontractor with full legal names, registration numbers, and addresses
2. Background: Context of the agreement, reference to main contract if relevant, and general purpose of the subcontracting relationship
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Scope of Work: Detailed description of services or works to be provided by the subcontractor
5. Term and Timeline: Duration of the agreement, key milestones, and completion dates
6. Payment Terms: Compensation, payment schedule, invoicing requirements, and payment conditions
7. Performance Standards: Quality requirements, acceptance criteria, and performance metrics
8. Subcontractor Obligations: Key responsibilities, compliance requirements, and performance commitments
9. Contractor Obligations: Main contractor's responsibilities, including provision of information and materials
10. Independent Contractor Status: Clear statement of independent contractor relationship and tax/social security implications
11. Insurance and Liability: Required insurance coverage and allocation of risks and liabilities
12. Intellectual Property: Ownership and usage rights of work products and pre-existing IP
13. Confidentiality: Protection of confidential information and trade secrets
14. Termination: Grounds for termination, notice requirements, and consequences
15. Governing Law and Jurisdiction: Application of Austrian law and jurisdiction for disputes
16. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Health and Safety: Specific health and safety requirements, particularly relevant for construction or hazardous work
2. Environmental Compliance: Environmental obligations and standards, important for projects with environmental impact
3. Quality Management: Detailed quality control procedures and requirements, relevant for complex technical projects
4. Security Requirements: IT security or physical security requirements, important for sensitive projects
5. Personnel Requirements: Specific qualifications or certifications required for subcontractor's personnel
6. Equipment and Materials: Provisions regarding supply and maintenance of equipment and materials
7. Warranties: Additional warranties beyond statutory requirements
8. Force Majeure: Provisions for unforeseen circumstances and their handling
9. Dispute Resolution: Alternative dispute resolution procedures before court litigation
10. Data Protection: GDPR compliance and data handling requirements where personal data is processed
1. Schedule 1 - Scope of Works: Detailed technical specifications and requirements of the work to be performed
2. Schedule 2 - Price Schedule: Detailed breakdown of prices, rates, and payment milestones
3. Schedule 3 - Project Timeline: Detailed project schedule, milestones, and deadlines
4. Schedule 4 - Key Personnel: List of key personnel and their qualifications
5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
6. Schedule 6 - Quality Standards: Specific quality standards, certifications, and testing requirements
7. Schedule 7 - Equipment and Materials: List of equipment and materials to be provided by each party
8. Appendix A - Forms and Templates: Standard forms for progress reports, invoices, and other routine communications
9. Appendix B - Health and Safety Procedures: Detailed health and safety procedures and requirements
10. Appendix C - Compliance Certificates: Required certificates, permits, and compliance documentation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Information Technology
Manufacturing
Engineering
Professional Services
Energy
Infrastructure
Telecommunications
Transport and Logistics
Industrial Services
Facilities Management
Research and Development
Relevant Teams
Legal
Procurement
Operations
Commercial
Risk and Compliance
Finance
Project Management Office
Technical Services
Supply Chain
Business Development
Relevant Roles
Project Manager
Procurement Manager
Contract Manager
Legal Counsel
Commercial Director
Operations Manager
Risk Manager
Compliance Officer
Technical Director
Chief Financial Officer
Business Development Manager
Supply Chain Manager
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