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General Contractor Construction Agreement
"I need a General Contractor Construction Agreement under Austrian law for a commercial office building project in Vienna, with construction starting March 2025, including specific provisions for BIM implementation and phased completion requirements."
1. Parties: Identification of the contracting parties - the Principal (Bauherr) and the General Contractor (Generalunternehmer), including full legal names, registration numbers, and addresses
2. Background: Context of the construction project, including the project's purpose and the basis for the contractual relationship
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terminology and contract-specific terms
4. Scope of Works: Detailed description of the construction works to be performed, including general contractor's responsibilities and deliverables
5. Contract Price and Payment Terms: Fixed price or cost structure, payment schedule, invoicing requirements, and payment conditions in accordance with Austrian law
6. Project Timeline: Construction schedule, completion dates, milestones, and provisions for extensions of time
7. Contractor's Obligations: General contractor's duties, including compliance with laws, regulations, and industry standards
8. Principal's Obligations: Client's responsibilities, including site access, permits, and provision of necessary information
9. Quality and Standards: Required quality standards, compliance with ÖNORM standards, and quality control procedures
10. Variations and Changes: Process for managing changes to the scope of work and their impact on price and timeline
11. Warranties and Defects: Warranty periods, defect notification procedures, and remediation obligations as per Austrian law
12. Insurance and Liability: Required insurance coverage and allocation of risks between parties
13. Termination: Grounds for termination, termination procedures, and consequences
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law provisions
15. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Subcontractors: Rules and procedures for engaging subcontractors, to be included when subcontracting is permitted
2. Environmental Requirements: Specific environmental obligations and sustainability requirements, included for projects with environmental certifications or requirements
3. Site Security: Special security requirements for sensitive or high-security construction sites
4. Force Majeure: Specific provisions for force majeure events, particularly relevant for long-term or high-risk projects
5. Intellectual Property: IP rights provisions, particularly relevant for projects involving design elements or innovative construction methods
6. Financing Provisions: Special provisions related to project financing, relevant when external financing is involved
7. Liquidated Damages: Specific compensation for delay or performance failures, when parties agree to predetermined damages
8. Step-in Rights: Rights of the principal to take over work or engage third parties, relevant for critical projects
9. Building Information Modeling (BIM): Specific provisions for BIM implementation, when BIM is used in the project
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the construction works
2. Schedule 2 - Site Plan and Drawings: Architectural and engineering drawings, site plans, and related technical documents
3. Schedule 3 - Bill of Quantities: Detailed breakdown of quantities and prices for all construction elements
4. Schedule 4 - Project Timeline: Detailed construction schedule with milestones and critical path
5. Schedule 5 - Payment Schedule: Detailed payment terms, including milestone payments and payment conditions
6. Schedule 6 - Quality Management Plan: Specific quality control procedures and requirements
7. Schedule 7 - Health and Safety Plan: Safety procedures and requirements in compliance with Austrian regulations
8. Schedule 8 - List of Approved Subcontractors: Pre-approved subcontractors and their scope of work
9. Schedule 9 - Form of Bank Guarantee: Template for required bank guarantees or performance bonds
10. Schedule 10 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
Authors
Applicable Laws
Architect
As-Built Documents
Authority
Bank Guarantee
Building Permit
Certificate of Completion
Change Order
Completion Date
Construction Documents
Construction Period
Contract Price
Contract Sum
Day
Defects
Defects Liability Period
Deliverables
Design Documents
Effective Date
Extension of Time
Final Completion
Force Majeure
General Contractor
Good Industry Practice
Handover
Insurance Requirements
Intellectual Property Rights
Liquidated Damages
Material Breach
Milestone
Notice
ÖNORM Standards
Payment Certificate
Payment Schedule
Performance Bond
Permits
Principal
Project
Project Manager
Project Schedule
Quality Assurance Plan
Reasonable and Proper
Site
Site Conditions
Specifications
Subcontractor
Substantial Completion
Technical Supervisor
Variation
Works
Working Day
Warranty Period
Work Product
Scope of Works
Contract Price
Payment Terms
Project Timeline
Site Access and Conditions
Design Obligations
Construction Obligations
Quality Assurance
Health and Safety
Environmental Protection
Variations
Extensions of Time
Testing and Commissioning
Completion and Handover
Defects Liability
Warranties
Insurance
Indemnification
Force Majeure
Suspension
Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Subcontracting
Notices
Governing Law
Performance Security
Bank Guarantees
Labor and Materials
Permits and Approvals
Documentation Requirements
Risk Allocation
Liability Limitations
Progress Reporting
Site Security
Materials and Equipment
Liquidated Damages
Compliance with Laws
Representatives and Authority
Commercial Real Estate
Residential Construction
Industrial Construction
Infrastructure Development
Healthcare Facilities
Educational Facilities
Retail Development
Hospitality
Public Works
Energy and Utilities
Legal
Construction
Project Management
Procurement
Finance
Risk Management
Quality Assurance
Health and Safety
Commercial
Technical Services
Design
Operations
Chief Executive Officer
Construction Director
Project Manager
Contract Manager
Legal Counsel
Chief Financial Officer
Construction Site Manager
Procurement Manager
Risk Manager
Technical Director
Quality Assurance Manager
Health and Safety Manager
Commercial Manager
Cost Controller
Design Manager
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