Cost Plus General Contractor Agreement Template for Austria

The Cost Plus General Contractor Agreement is designed for construction projects under Austrian law where the final costs cannot be accurately determined at the outset, or where flexibility in scope is required. This contract type is particularly suitable for complex projects, renovations, or situations where the scope may evolve during construction. The agreement establishes a framework where the contractor is reimbursed for actual costs incurred plus a pre-agreed fee or percentage markup, providing transparency in cost allocation while ensuring fair compensation for the contractor. The document includes comprehensive provisions for cost tracking, reporting, change management, and quality control, all aligned with Austrian legal requirements and construction industry standards. It's commonly used in both private and public sector projects where traditional fixed-price contracts may not be suitable due to project complexity or uncertainty.

1. Parties: Identification and details of the Owner/Employer and the General Contractor, including their legal status and authorized representatives

2. Background: Context of the agreement, project overview, and the basis for entering into the contract

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

4. Scope of Work: Detailed description of the construction works, contractor's obligations, and deliverables

5. Cost Structure and Payment: Definition of cost components, contractor's fee calculation, payment terms, and invoicing procedures

6. Project Timeline: Construction schedule, milestones, completion dates, and extension provisions

7. Contractor's Obligations: General and specific responsibilities, including supervision, coordination, and quality control

8. Owner's Obligations: Client responsibilities, including access, permits, and timely decisions

9. Cost Control and Reporting: Procedures for cost tracking, reporting requirements, and budget management

10. Changes and Variations: Process for handling change orders and their impact on costs and timeline

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

12. Health and Safety: Safety requirements and compliance with BauKG regulations

13. Insurance and Liability: Required insurance coverage and liability provisions

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

15. Termination: Grounds and procedures for contract termination by either party

16. Dispute Resolution: Procedures for dispute resolution, including Austrian jurisdiction provisions

17. General Provisions: Standard legal provisions including notices, assignments, and amendments