Contractor And Subcontractor Agreement Template for Austria

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Key Requirements PROMPT example:

Contractor And Subcontractor Agreement

"I need a Contractor and Subcontractor Agreement for a renewable energy project in Austria, where our main contractor will be engaging three specialized subcontractors for the installation of wind turbines starting March 2025, with specific focus on technical specifications and safety requirements."

Document background
The Contractor And Subcontractor Agreement is essential for projects where a main contractor delegates specific works or services to specialized subcontractors. This document, compliant with Austrian law and regulations, is commonly used in construction, engineering, and various industrial projects. It defines the hierarchical relationship between parties, outlines work specifications, payment terms, quality requirements, and risk allocation. The agreement ensures compliance with Austrian civil code (ABGB), construction regulations, social security requirements, and industry standards. It's particularly important for complex projects requiring specialized expertise, incorporating provisions for project management, quality control, safety standards, and dispute resolution mechanisms. The document protects both parties' interests while maintaining alignment with the main contract between the principal contractor and the project owner.
Suggested Sections

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

2. Background: Context of the agreement, including reference to the main contract and project overview

3. Definitions: Key terms used throughout the agreement, including technical terms and project-specific terminology

4. Scope of Work: Detailed description of the subcontractor's works, responsibilities, and deliverables

5. Contract Price and Payment Terms: Payment amount, schedule, invoicing procedures, and payment conditions

6. Duration and Timeline: Project schedule, milestones, completion dates, and any time-related obligations

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

8. Subcontractor's Obligations: Detailed responsibilities including quality standards, reporting, and compliance requirements

9. Quality Control and Inspection: Quality assurance procedures, testing requirements, and acceptance criteria

10. Health and Safety: Safety requirements, procedures, and compliance with Austrian workplace safety regulations

11. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions

12. Warranties: Warranty terms for workmanship and materials, duration, and remedy procedures

13. Termination: Grounds for termination, procedures, and consequences

14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

15. General Provisions: Standard legal clauses including notices, amendments, and severability

Optional Sections

1. Intellectual Property Rights: Include when the work involves design, software, or creative elements

2. Confidentiality: Include when sensitive information will be shared

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

4. Environmental Requirements: Include for projects with significant environmental impact

5. Force Majeure: Include detailed force majeure provisions for high-risk or long-term projects

6. Materials and Equipment: Include when specific requirements exist for materials procurement or equipment usage

7. Site Conditions: Include for construction work at specific locations

8. Variations and Changes: Include detailed change order procedures for complex projects

9. Permits and Licenses: Include when specific permits are required for the work

10. Labor Requirements: Include when specific staffing or qualification requirements exist

Suggested Schedules

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

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

3. Schedule 3 - Project Timeline: Detailed project schedule with milestones and deadlines

4. Schedule 4 - Payment Schedule: Detailed payment terms, installments, and milestone payments

5. Schedule 5 - Quality Standards: Specific quality requirements and acceptance criteria

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

7. Schedule 7 - Required Insurance: Specific insurance requirements and coverage levels

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

9. Appendix A - Form of Payment Application: Standard form for payment applications

10. Appendix B - Form of Completion Certificate: Standard form for work completion certification

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

Engineering

Manufacturing

Technology

Infrastructure

Energy

Telecommunications

Real Estate Development

Industrial Services

Facilities Management

Transportation

Renewable Energy

Mining

Oil and Gas

Utilities

Relevant Teams

Legal

Procurement

Operations

Commercial

Project Management

Risk Management

Quality Assurance

Finance

Compliance

Technical Services

Health and Safety

Business Development

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Construction Manager

Procurement Manager

Operations Director

Commercial Director

Technical Director

Risk Manager

Quality Assurance Manager

Site Manager

Business Development Manager

Finance Manager

Health and Safety Manager

Compliance Officer

Industries
Austrian Civil Code (ABGB): The fundamental civil law code that governs contract formation, performance, and termination, particularly §§ 1151-1164 regarding service contracts and work contracts (Werkvertrag)
Austrian Commercial Code (UGB): Regulates commercial relationships and transactions between businesses, including provisions on liability, warranties, and payment terms
Austrian Trade Act (Gewerbeordnung): Regulates business licenses and professional qualifications required for contractors and subcontractors
Federal Public Procurement Act (Bundesvergabegesetz): Relevant for subcontracting in public projects and contains general principles applicable to subcontracting relationships
General Social Insurance Act (ASVG): Determines social security obligations and helps distinguish between genuine contractors and disguised employment relationships
Construction Worker's Leave and Severance Pay Act (BUAG): Specific regulations for the construction industry regarding leave entitlements and severance payments
Federal Law on International Private Law (IPRG): Relevant for cross-border contracting relationships and determining applicable law
Austrian Construction Contract Procedures (ÖNORM B 2110): Standard terms for construction contracts that are commonly incorporated into contractor agreements
Value Added Tax Act (Umsatzsteuergesetz): Regulates VAT obligations in business relationships and construction services
Austrian Data Protection Act (DSG): Governs the handling of personal data in business relationships and must be considered in contractor agreements
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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