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Construction Subcontract Template for Austria

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Key Requirements PROMPT example:

Construction Subcontract

"I need an Austrian Construction Subcontract for specialized electrical installation works on a commercial building in Vienna, including ÖNORM B 2110 compliance and specific provisions for smart building systems integration, with work scheduled to commence March 2025."

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Document background
The Construction Subcontract is essential for construction projects in Austria where specialized work packages are delegated to subcontractors. This document type is used when a main contractor needs to engage qualified subcontractors for specific aspects of a larger construction project, ensuring clear definition of responsibilities, scope, and commercial terms. The agreement must comply with Austrian construction law, including the ABGB, BauRG, and relevant ÖNORM standards, while incorporating specific requirements for worker protection, site safety, and quality assurance. It's particularly important for managing risk allocation, establishing clear payment mechanisms, and ensuring proper coordination between various contractors on site. The document typically includes detailed technical specifications, programming requirements, and quality standards specific to the Austrian construction industry.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including registration numbers and authorized representatives

2. Background: Context of the main construction project and the relationship to the main contract

3. Definitions: Definitions of key terms used throughout the agreement, including project-specific terminology

4. Scope of Works: Detailed description of the subcontractor's works and responsibilities

5. Contract Price and Payment: Payment terms, schedule of payments, retention provisions, and invoicing requirements

6. Programme and Completion: Timeline, milestones, and completion requirements including coordination with other works

7. Contractor's Obligations: Main contractor's responsibilities including site access, information provision, and coordination

8. Subcontractor's Obligations: Key obligations including workmanship standards, material quality, and compliance with regulations

9. Health and Safety: Safety requirements and responsibilities in accordance with Austrian regulations

10. Quality Assurance: Quality control procedures and compliance with Austrian construction standards

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

12. Variations: Procedures for changes to the scope of works and pricing of variations

13. Defects Liability: Warranty periods and rectification obligations

14. Termination: Grounds and procedures for contract termination

15. Dispute Resolution: Dispute resolution procedures under Austrian law

16. Governing Law: Confirmation of Austrian law as governing law and jurisdiction

Optional Sections

1. Performance Security: Requirements for bank guarantees or other security, used for higher-value contracts

2. Environmental Requirements: Specific environmental obligations, included for projects with significant environmental impact

3. Intellectual Property: IP rights and obligations, relevant for design-build or specialized technical works

4. Confidentiality: Confidentiality obligations, included for projects involving sensitive information

5. Force Majeure: Force majeure provisions, recommended for longer-term or high-risk projects

6. Materials and Equipment: Specific provisions for supplier-provided materials, used when subcontractor supplies significant materials

7. Apprenticeship Obligations: Requirements for employing apprentices, relevant for larger projects under Austrian regulations

8. Building Information Modeling: BIM obligations and protocols, included for projects using BIM

9. Social Security Compliance: Detailed social security obligations, for projects with significant workforce requirements

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Programme: Detailed timeline and milestone dates

3. Schedule 3 - Price Breakdown: Detailed breakdown of the contract price and rates

4. Schedule 4 - Quality Control Plan: Specific quality assurance procedures and requirements

5. Schedule 5 - Site Rules: Site-specific regulations and procedures

6. Schedule 6 - Form of Collateral Warranty: Template for any required collateral warranties

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and minimum coverage

8. Schedule 8 - Key Personnel: List of key personnel and their qualifications

9. Appendix A - Main Contract Extracts: Relevant excerpts from the main construction contract

10. Appendix B - Health and Safety Plan: Project-specific health and safety requirements

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Architect
As-Built Documents
Bauleiter
Baustellenkoordinator
Certificate of Completion
Change Order
Completion Date
Construction Documents
Construction Period
Contract Price
Contractor
Defects Liability Period
Drawings
Emergency Works
Force Majeure
Good Industry Practice
Governing Law
Health and Safety Plan
Insurance Requirements
Intellectual Property Rights
Main Contract
Materials
Milestone Dates
ÖNORM Standards
Payment Certificate
Performance Security
Permits
Programme
Project
Project Manager
Quality Assurance Plan
Retention Money
Schedule of Rates
Site
Site Rules
Specifications
Subcontractor
Substantial Completion
Technical Requirements
Termination Notice
Time for Completion
Variation
Warranty Period
Work Package
Works
Clauses
Interpretation
Scope of Works
Contract Price
Payment Terms
Programme
Site Access
Materials and Equipment
Quality Assurance
Health and Safety
Environmental Protection
Variations
Extensions of Time
Force Majeure
Insurance
Indemnification
Warranties
Defects Liability
Subcontractor Obligations
Contractor Obligations
Documentation
Permits and Licenses
Staff and Labor
Testing and Inspection
Completion
Liquidated Damages
Performance Security
Intellectual Property
Confidentiality
Assignment and Subcontracting
Termination
Suspension
Dispute Resolution
Governing Law
Notices
Entire Agreement
Relevant Industries

Construction

Real Estate

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Civil Engineering

Energy

Public Works

Transportation

Relevant Teams

Legal

Operations

Procurement

Construction

Commercial

Health and Safety

Quality Assurance

Project Management

Risk Management

Contract Administration

Technical Services

Relevant Roles

Construction Manager

Project Manager

Contract Manager

Legal Counsel

Commercial Director

Operations Director

Site Manager

Procurement Manager

Technical Director

Quality Assurance Manager

Health and Safety Manager

Cost Controller

Construction Supervisor

Risk Manager

Claims Manager

Industries
ABGB (Allgemeines bürgerliches Gesetzbuch): Austrian Civil Code - Contains fundamental contract law provisions, including those relating to service contracts (Werkvertrag) and liability
BauRG (Baurecht-Gesetz): Austrian Construction Law - Regulates construction activities, permits, and technical requirements
GewO (Gewerbeordnung): Austrian Trade Regulation Act - Governs trade licenses and professional qualifications required for construction work
ÖNORM B 2110: Austrian standard terms for construction contracts - Contains standard contractual provisions for construction projects
ArbeitnehmerInnenschutzgesetz: Worker Protection Act - Specifies safety requirements and protective measures for construction workers
BauKG (Bauarbeitenkoordinationsgesetz): Construction Work Coordination Act - Regulates coordination and safety measures on construction sites
BVergG (Bundesvergabegesetz): Federal Procurement Act - Relevant if the main contract is public, affecting subcontracting requirements
BUAG (Bauarbeiter-Urlaubs- und Abfertigungsgesetz): Construction Workers' Holiday and Severance Pay Act - Regulates special leave and severance provisions for construction workers
UGB (Unternehmensgesetzbuch): Austrian Commercial Code - Contains provisions relevant to business transactions and commercial relationships
Bauarbeiterschutzverordnung: Construction Worker Protection Regulation - Detailed safety requirements specific to construction sites
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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