Cost Plus Construction Agreement Template for Austria

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Key Requirements PROMPT example:

Cost Plus Construction Agreement

"I need a Cost Plus Construction Agreement under Austrian law for a large-scale hotel renovation project in Vienna, with a target completion date of July 2025, including specific provisions for working in a historic building and managing tourist access during construction."

Document background
The Cost Plus Construction Agreement is designed for use in construction projects under Austrian jurisdiction where the scope of work cannot be precisely defined at the outset or where flexibility in cost management is required. This type of agreement is particularly suitable for complex construction projects, renovations, or works where unforeseen conditions may be encountered. The document details the mechanism for calculating and verifying costs, defines the contractor's markup or fee structure, and establishes procedures for progress payments and cost reporting. It incorporates requirements from Austrian construction law, including the ABGB and ÖNORMen, while addressing practical aspects of project management and risk allocation. The agreement is typically used when traditional fixed-price contracts are unsuitable due to project complexity or uncertainty.
Suggested Sections

1. Parties: Identification of the contractor and client, including full legal names and addresses

2. Background: Context of the agreement and brief description of the construction project

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

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

5. Cost Plus Structure: Definition of costs, contractor's fee/markup, and payment mechanisms

6. Payment Terms: Payment schedule, invoicing requirements, and cost verification procedures

7. Contractor Obligations: Key responsibilities and obligations of the contractor

8. Client Obligations: Key responsibilities and obligations of the client

9. Time for Completion: Project timeline, completion dates, and milestone requirements

10. Variations: Process for handling changes to scope and associated cost implications

11. Quality and Standards: Required quality standards and compliance with Austrian building regulations

12. Site Access and Conditions: Terms regarding access to and use of the construction site

13. Insurance and Liability: Insurance requirements and allocation of risks

14. Warranties: Contractor's warranties and guarantee obligations under Austrian law

15. Termination: Grounds and procedures for contract termination

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

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

18. General Provisions: Standard boilerplate clauses including notices, assignments, and amendments

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees, if required for larger projects

2. Phased Completion: Specific provisions for projects with multiple completion phases

3. Environmental Requirements: Special environmental obligations beyond standard regulations

4. Testing and Commissioning: Detailed testing requirements for complex technical installations

5. Intellectual Property: IP rights provisions where design or innovative construction methods are involved

6. Subcontracting: Specific provisions regarding subcontractor engagement and management

7. Force Majeure: Extended force majeure provisions for high-risk or long-term projects

8. Acceleration: Provisions for accelerating works if required

9. Liquidated Damages: Specific damages provisions for delay or performance issues

Suggested Schedules

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

2. Schedule 2 - Cost Components: Breakdown of allowable costs, excluded costs, and markup calculation

3. Schedule 3 - Personnel Rates: Agreed rates for contractor's personnel and management

4. Schedule 4 - Equipment Rates: Agreed rates for contractor's equipment and tools

5. Schedule 5 - Project Timeline: Detailed project program and milestone dates

6. Schedule 6 - Quality Management Plan: Specific quality control procedures and requirements

7. Schedule 7 - Site Information: Site details, access points, and known conditions

8. Schedule 8 - Forms and Procedures: Standard forms for variations, progress claims, and completion certificates

9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and coverage requirements

10. Schedule 10 - Health and Safety Requirements: Specific health and safety procedures and obligations

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 Development

Residential Development

Healthcare Facilities

Education Facilities

Hospitality

Retail Development

Energy and Utilities

Transportation

Relevant Teams

Legal

Construction

Commercial

Procurement

Finance

Operations

Project Management

Risk Management

Technical Services

Business Development

Contract Administration

Quality Assurance

Relevant Roles

Construction Manager

Project Director

Contract Manager

Commercial Director

Legal Counsel

Quantity Surveyor

Cost Controller

Project Manager

Site Manager

Procurement Manager

Risk Manager

Finance Director

Technical Director

Operations Manager

Chief Executive Officer

Development Manager

Construction Lawyer

Architect

Engineering 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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