The General Contractor Construction Contract is essential for construction projects in Austria where a single contractor takes overall responsibility for project delivery. This document is typically used when the principal wants to delegate the entire construction process, including subcontractor management, to one main contractor. The contract incorporates Austrian legal requirements, including provisions from the ABGB and UGB, while following industry standards such as ÖNORM B 2110. It covers all crucial aspects from project initiation to completion, including scope definition, pricing, timeline, quality standards, warranty provisions, and risk allocation. This type of agreement is particularly suitable for medium to large-scale construction projects where coordinated execution and clear accountability are crucial.
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1. Parties: Identification and details of the Principal (Bauherr) and the General Contractor (Generalunternehmer)
2. Background: Context of the construction project and the basis for entering into the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Scope of Works: Detailed description of the construction works to be performed, including reference to specifications and drawings
5. Contract Price and Payment Terms: Agreement on price, payment schedule, and invoicing requirements
6. Project Timeline: Construction schedule, milestones, and completion dates
7. Contractor's Obligations: General Contractor's responsibilities, including quality standards, supervision, and coordination of subcontractors
8. Principal's Obligations: Client's responsibilities, including site access, permits, and approvals
9. Changes and Variations: Procedures for handling changes to the scope of work and their impact on price and timeline
10. Quality Assurance and Inspection: Quality control procedures and inspection rights
11. Acceptance and Handover: Procedures for testing, acceptance, and handover of the completed works
12. Defects and Warranty: Warranty periods, defect notification, and remediation procedures
13. Insurance and Liability: Required insurance coverage and liability allocation
14. Force Majeure: Provisions for handling unforeseen circumstances and their impact
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
17. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Environmental Requirements: Special environmental protection measures, used when project has specific environmental considerations
2. Heritage Protection: Special provisions for projects involving protected or historical buildings
3. Public Safety Measures: Additional safety requirements for construction in public areas or densely populated zones
4. Financing Arrangements: Special provisions related to project financing, used when external financing is involved
5. Phased Completion: Provisions for partial completion and occupancy, used in large projects with multiple phases
6. Intellectual Property Rights: Provisions regarding design rights and other IP, used when custom designs are involved
7. Performance Bonds: Requirements for performance guarantees, used in larger projects
8. Subcontractor Provisions: Detailed requirements for subcontractor management, used in complex projects with multiple specialized contractors
1. Schedule 1 - Technical Specifications: Detailed technical specifications for the construction works
2. Schedule 2 - Drawings and Plans: Approved construction drawings and plans
3. Schedule 3 - Bill of Quantities: Detailed breakdown of quantities and prices
4. Schedule 4 - Project Timeline: Detailed construction schedule with milestones
5. Schedule 5 - Payment Schedule: Detailed payment terms and milestone payments
6. Schedule 6 - Quality Management Plan: Detailed quality assurance and control procedures
7. Schedule 7 - Site Rules and Regulations: Specific rules for site operation and management
8. Schedule 8 - Form of Warranties: Standard forms for warranties and guarantees
9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and coverage requirements
10. Schedule 10 - Permits and Approvals: List of required permits and responsibilities for obtaining them
11. Appendix A - Key Personnel: List of key personnel from both parties with roles and responsibilities
12. Appendix B - Subcontractors: Approved list of subcontractors and their scope of work
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