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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."
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
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
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
Agreed Markup
Agreement
Applicable Laws
Approved Expenses
Architect
As-Built Documents
Base Cost
Bill of Quantities
Business Day
Certificate of Completion
Change Order
Client Representative
Commencement Date
Completion Date
Construction Documents
Construction Period
Construction Schedule
Consultant
Contract Documents
Contract Sum
Contractor's Equipment
Contractor's Fee
Contractor's Representative
Cost Records
Date of Substantial Completion
Defects Liability Period
Deliverables
Direct Costs
Drawings
Emergency Works
Excluded Costs
Extension of Time
Final Completion
Force Majeure Event
Guaranteed Maximum Price
Health and Safety Plan
Indirect Costs
Insurance Requirements
Intellectual Property Rights
Interim Payment Certificate
Key Personnel
Labor Costs
Material Costs
Milestone
Non-allowable Costs
Notice
ÖNORM Standards
Overhead Costs
Payment Application
Performance Standards
Permits
Project
Project Manager
Project Site
Quality Assurance Plan
Reimbursable Expenses
Schedule of Rates
Scope of Works
Site Conditions
Specifications
Subcontractor
Substantial Completion
Supporting Documentation
Time for Completion
Variation
Warranty Period
Work Package
Works
Definitions
Contract Documents
Scope of Works
Contractor Obligations
Client Obligations
Cost Plus Structure
Payment Terms
Markup and Fees
Cost Verification
Project Timeline
Extensions of Time
Quality Control
Site Access
Materials and Equipment
Personnel
Subcontracting
Variations
Health and Safety
Environmental Protection
Insurance
Indemnification
Warranties
Defects Liability
Testing and Inspection
Documentation
Progress Reports
Completion
Force Majeure
Suspension
Termination
Intellectual Property
Confidentiality
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Waiver
Amendments
Construction
Real Estate
Infrastructure
Commercial Property
Industrial Development
Residential Development
Healthcare Facilities
Education Facilities
Hospitality
Retail Development
Energy and Utilities
Transportation
Legal
Construction
Commercial
Procurement
Finance
Operations
Project Management
Risk Management
Technical Services
Business Development
Contract Administration
Quality Assurance
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
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