Construction Contractor Agreement Template for Austria

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Key Requirements PROMPT example:

Construction Contractor Agreement

"I need a Construction Contractor Agreement under Austrian law for a large-scale hotel renovation project in Vienna, with work scheduled to commence in March 2025, including specific provisions for working in an operational hotel and managing noise restrictions."

Document background
The Construction Contractor Agreement is a fundamental legal document used in Austrian construction projects to establish a binding relationship between the principal (building owner) and the contractor. This agreement is essential when engaging a contractor for any significant construction work in Austria, whether for new buildings, renovations, or infrastructure projects. The document must comply with Austrian civil law (ABGB), construction regulations (Baurecht), and industry standards (ÖNORM). It typically includes detailed specifications of the works, pricing structures, timelines, quality requirements, and risk allocation. The agreement should be tailored to address project-specific requirements while maintaining compliance with Austrian legal requirements regarding construction contracts, worker protection, and safety standards. This document is particularly important as it serves as the primary reference point for project execution and dispute resolution throughout the construction process.
Suggested Sections

1. Parties: Identification of the contracting parties including full legal names, registration numbers, and addresses

2. Background: Context of the construction project and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Works: Detailed description of the construction works to be performed

5. Contract Price and Payment Terms: Agreement on compensation, payment schedule, and invoicing procedures

6. Project Timeline: Construction schedule, milestones, and completion dates

7. Contractor Obligations: Key responsibilities including quality standards, workforce, materials, and compliance with laws

8. Principal Obligations: Client's responsibilities including site access, permits, and information provision

9. Quality and Standards: Required quality standards, inspections, and acceptance procedures

10. Health and Safety: Safety requirements and compliance with BauKG and ASchG

11. Insurance and Liability: Required insurance coverage and allocation of risks

12. Warranties and Defects: Warranty periods, defect remediation procedures as per ABGB

13. Variations: Procedures for handling changes to scope or specifications

14. Termination: Grounds and procedures for contract termination

15. Force Majeure: Provisions for unforeseen circumstances affecting performance

16. Dispute Resolution: Procedures for resolving disputes under Austrian law

17. General Provisions: Standard legal provisions including notices, assignments, and amendments

Optional Sections

1. Environmental Protection: Required for projects with specific environmental impact considerations

2. Subcontractors: Include when subcontracting is permitted and needs regulation

3. Site Conditions: Necessary for projects with special ground conditions or existing structures

4. Materials Supply: Include when specific arrangements for material procurement are needed

5. Intellectual Property: Required when design services or innovative construction methods are involved

6. Performance Security: Include when bank guarantees or performance bonds are required

7. Liquidated Damages: Include when specific compensation for delays needs to be predetermined

8. Multiple Contractor Coordination: Required when multiple contractors work on the same site

Suggested Schedules

1. Schedule 1 - Technical Specifications: Detailed technical requirements and construction specifications

2. Schedule 2 - Bill of Quantities: Itemized list of works with quantities and unit prices

3. Schedule 3 - Project Timeline: Detailed construction schedule with milestones

4. Schedule 4 - Site Plan and Drawings: Construction drawings and site layout plans

5. Schedule 5 - Quality Assurance Plan: Detailed quality control procedures and standards

6. Schedule 6 - Health and Safety Plan: Detailed safety procedures and requirements

7. Schedule 7 - Payment Schedule: Detailed payment terms, milestones, and conditions

8. Schedule 8 - Required Insurance: Specific insurance requirements and coverage levels

9. Appendix A - Permits and Licenses: Copies of relevant construction permits and contractor licenses

10. Appendix B - Form of Bank Guarantee: Template for required bank guarantees or bonds

11. Appendix C - Testing and Commissioning Procedures: Detailed procedures for work acceptance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate

Infrastructure

Commercial Property

Industrial

Residential Development

Healthcare

Education

Retail

Hospitality

Manufacturing

Energy

Transportation

Relevant Teams

Legal

Operations

Procurement

Construction

Commercial

Finance

Risk Management

Compliance

Technical Services

Quality Assurance

Health and Safety

Project Management

Contract Administration

Relevant Roles

Construction Manager

Project Director

Legal Counsel

Contract Manager

Procurement Manager

Site Manager

Chief Executive Officer

Operations Director

Commercial Director

Technical Director

Risk Manager

Compliance Officer

Chief Financial Officer

Project Engineer

Quality Assurance Manager

Health and Safety Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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