Pre Construction Agreement Template for Austria

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Key Requirements PROMPT example:

Pre Construction Agreement

"I need a Pre-Construction Agreement for a commercial office development in Vienna, with a project value of €50M, incorporating BIM requirements and specific provisions for sustainable building certification, targeting project commencement in March 2025."

Document background
The Pre-Construction Agreement is a crucial document used in the initial phases of construction projects in Austria, establishing the framework for pre-construction services before the main construction contract is executed. It is particularly important for complex projects requiring detailed planning, design development, cost analysis, and regulatory compliance assessment. The agreement typically precedes the main construction contract and may include provisions for transitioning into the construction phase. It must comply with Austrian legal requirements, including the ABGB (Austrian Civil Code), construction regulations, and relevant building codes. This document is essential for managing expectations, allocating responsibilities, and establishing clear deliverables during the critical planning phase of construction projects.
Suggested Sections

1. Parties: Identification and details of the contracting parties including the employer/client and the contractor/consultant

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided, including design review, cost planning, and feasibility studies

5. Duration and Timeline: Timeline for pre-construction services and key milestone dates

6. Contractor's Obligations: Specific responsibilities and duties of the contractor during the pre-construction phase

7. Client's Obligations: Responsibilities and duties of the client, including provision of information and access

8. Fees and Payment Terms: Pre-construction service fees, payment schedule, and invoicing requirements

9. Intellectual Property Rights: Ownership and usage rights of designs, documents, and other materials produced

10. Confidentiality: Obligations regarding confidential information and project details

11. Termination: Conditions and procedures for terminating the pre-construction agreement

12. Liability and Insurance: Liability limitations and required insurance coverage

13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

14. Notices: Process and requirements for formal communications between parties

Optional Sections

1. Transition to Construction Phase: Include when there's a potential for the contractor to proceed with the main construction phase - defines conditions and process for transition

2. Value Engineering: Include for complex projects where cost optimization is a key objective

3. Environmental Compliance: Include when the project has significant environmental considerations or requirements

4. Stakeholder Management: Include when the project involves multiple stakeholders or public consultation

5. Building Information Modeling (BIM): Include when BIM is to be used in the pre-construction phase

6. Site Investigation: Include when specific site investigation works are part of pre-construction services

7. Force Majeure: Include for longer pre-construction phases or high-risk locations

8. Dispute Resolution: Include detailed alternative dispute resolution procedures for complex projects

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of pre-construction services and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Project Program: Preliminary project timeline and key milestones

4. Schedule 4 - Key Personnel: List of key personnel from both parties and their roles

5. Schedule 5 - Required Insurance: Detailed insurance requirements and coverage limits

6. Schedule 6 - Client's Requirements: Initial project brief and client's specific requirements

7. Schedule 7 - Form of Reports: Templates and requirements for progress reports and other documentation

8. Appendix A - Site Information: Available site information, surveys, and existing conditions

9. Appendix B - Relevant Planning Permissions: Copies of existing permits or required planning permissions

10. Appendix C - Design Documents: Preliminary design documents and specifications

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

Commercial Real Estate

Residential Development

Industrial Construction

Infrastructure

Healthcare

Education

Retail

Hospitality

Public Sector

Energy

Transportation

Mixed-use Development

Relevant Teams

Legal

Construction

Project Management

Commercial

Development

Design

Planning

Procurement

Risk Management

Technical Services

Relevant Roles

Project Director

Construction Manager

Legal Counsel

Contract Manager

Cost Manager

Project Manager

Architect

Development Manager

Planning Consultant

Commercial Director

Technical Director

Risk Manager

Procurement Manager

Design 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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