Construction Subcontracts Template for Austria

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Key Requirements PROMPT example:

Construction Subcontracts

"I need a Construction Subcontract governed by Austrian law for a specialized HVAC installation project in a medical facility in Vienna, with work scheduled to commence in March 2025, including specific provisions for medical facility compliance and sterile environment maintenance."

Document background
Construction Subcontracts are essential documents in the Austrian construction industry, used when a main contractor needs to delegate specific portions of a construction project to specialized subcontractors. This document type is crucial for projects of all sizes and complexities, from residential developments to major infrastructure works. The agreement must comply with Austrian legal requirements, including the ABGB, BauKG, and relevant ÖNORMs, while addressing project-specific needs. It typically includes detailed provisions for scope of work, payment terms, quality standards, safety requirements, insurance obligations, and dispute resolution procedures. Construction Subcontracts are particularly important in Austria due to the strict regulatory environment and the need for clear allocation of responsibilities and risks between parties.
Suggested Sections

1. Parties: Identification and details of the main contractor and subcontractor, including registration numbers and addresses

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

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

4. Scope of Works: Detailed description of the subcontracted works, including references to technical specifications

5. Contract Price and Payment Terms: Amount payable, payment schedule, retention provisions, and invoicing requirements

6. Project Timeline: Commencement date, completion date, and key milestones

7. Subcontractor Obligations: Key responsibilities including quality standards, material procurement, and workforce management

8. Main Contractor Obligations: Responsibilities of the main contractor including site access and coordination

9. Health and Safety Requirements: Compliance with BauKG and site safety regulations

10. Quality Assurance: Quality standards, inspections, and approval processes

11. Warranties and Defects: Warranty periods, defect rectification procedures, and liability provisions

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

13. Variations and Changes: Procedures for handling changes to scope, price, or timeline

14. Termination: Grounds and procedures for contract termination

15. Dispute Resolution: Procedures for resolving disputes 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 performance bonds, if required for high-value works

2. Intellectual Property Rights: IP provisions where design or innovative construction methods are involved

3. Environmental Requirements: Specific environmental obligations beyond standard regulations, for environmentally sensitive projects

4. Confidentiality: Confidentiality obligations for projects involving sensitive information or proprietary methods

5. Force Majeure: Provisions for unforeseen events, particularly relevant for long-term or complex projects

6. Materials and Equipment: Detailed provisions for supply and management of materials when significant materials are provided by the subcontractor

7. Liquidated Damages: Specific damage provisions for delay or performance failures, when required by the main contract

8. Step-in Rights: Rights of the main contractor to take over works, typically for critical project components

Suggested Schedules

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

2. Schedule 2 - Price Schedule: Detailed breakdown of prices, rates, and payment milestones

3. Schedule 3 - Project Timeline: Detailed program of works including milestones and critical path activities

4. Schedule 4 - Quality Management Plan: Specific quality control procedures and requirements

5. Schedule 5 - Health and Safety Plan: Detailed safety procedures and risk assessments

6. Schedule 6 - Insurance Requirements: Specific insurance policies and coverage requirements

7. Schedule 7 - Key Personnel: List of key personnel and their qualifications

8. Schedule 8 - Forms and Certificates: Standard forms for variations, completion certificates, and other project documents

9. Appendix A - Main Contract Excerpts: Relevant provisions from the main contract that apply to the subcontractor

10. Appendix B - Technical Standards: Applicable ÖNORM and other technical standards

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

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Public Works

Healthcare Construction

Educational Facilities

Retail Construction

Energy Infrastructure

Transportation Infrastructure

Relevant Teams

Legal

Procurement

Construction Management

Project Management

Commercial

Operations

Health & Safety

Quality Assurance

Risk Management

Contract Administration

Technical Services

Finance

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Legal Counsel

Procurement Manager

Site Manager

Quality Control Manager

Health and Safety Manager

Commercial Director

Technical Director

Cost Controller

Risk Manager

Claims Manager

Construction Supervisor

Estimation 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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