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Prime Subcontractor Agreement

Prime Subcontractor Agreement Template for Austria

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Key Requirements PROMPT example:

Prime Subcontractor Agreement

"I need a Prime Subcontractor Agreement under Austrian law for a renewable energy installation project, with special focus on technical performance standards and environmental compliance, to be used with multiple subcontractors starting March 2025."

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Document background
The Prime Subcontractor Agreement is essential for projects where a primary contractor needs to engage specialized subcontractors for specific portions of work. This agreement, governed by Austrian law, establishes the legal and operational framework for subcontracted works while ensuring compliance with Austrian regulatory requirements, including the ABGB (Civil Code), UGB (Commercial Code), and relevant worker protection legislation. It typically includes detailed provisions for scope, payment, performance standards, insurance, and risk allocation, while maintaining consistency with the prime contract's obligations. The document is particularly crucial for managing complex projects where work packages need to be delegated while maintaining overall project coordination and quality control.
Suggested Sections

1. Parties: Identification of the Prime Contractor and Subcontractor with full legal details

2. Background: Context of the main project, prime contract reference, and purpose of the subcontract

3. Definitions: Key terms used throughout the agreement, including project-specific terminology

4. Scope of Work: Detailed description of the subcontractor's obligations and deliverables

5. Contract Price and Payment Terms: Payment amount, schedule, invoicing requirements, and payment conditions

6. Timeline and Project Schedule: Project milestones, completion dates, and schedule requirements

7. Performance Standards: Quality requirements, workmanship standards, and applicable technical specifications

8. Supervision and Labor: Requirements for workforce, supervision, and compliance with Austrian labor laws

9. Materials and Equipment: Responsibilities for procurement, quality standards, and handling of materials

10. Health and Safety: Compliance with ASchG and site safety requirements

11. Insurance and Liability: Required insurance coverage and allocation of risks

12. Warranties and Guarantees: Workmanship warranties and performance guarantees

13. Changes and Variations: Process for handling change orders and variations to scope

14. Termination: Grounds and procedures for contract termination

15. Dispute Resolution: Procedures for resolving disputes under Austrian law

16. Governing Law: Confirmation of Austrian law application and jurisdiction

Optional Sections

1. Bond Requirements: Required when performance or payment bonds are necessary for the project

2. Environmental Requirements: Include when project has specific environmental compliance needs

3. Intellectual Property Rights: Required when design work or innovative solutions are part of scope

4. Confidentiality: Include when sensitive information will be shared

5. Force Majeure: Optional but recommended for longer-term projects

6. Site Conditions: Include when work involves significant site-based activities

7. Quality Control and Testing: Required for complex technical works

8. Training Requirements: Include when specific certifications or training are needed

9. Social Security Compliance: Required when using significant labor force

10. Back-to-Back Provisions: Include when specific prime contract terms need to flow down

Suggested Schedules

1. Schedule 1 - Scope of Works: Detailed technical specifications and work descriptions

2. Schedule 2 - Price Breakdown: Detailed pricing structure and bill of quantities

3. Schedule 3 - Project Timeline: Detailed project schedule and milestones

4. Schedule 4 - Technical Standards: Applicable technical standards and specifications

5. Schedule 5 - Key Personnel: List of key team members and their qualifications

6. Schedule 6 - Required Insurance: Detailed insurance requirements and coverage levels

7. Schedule 7 - Forms and Procedures: Standard forms for changes, payments, and approvals

8. Schedule 8 - Site Rules: Site-specific regulations and procedures

9. Appendix A - Prime Contract Excerpts: Relevant sections from the prime contract

10. Appendix B - Health and Safety Plan: Detailed health and safety procedures

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approved
As-Built Documents
Change Order
Completion Date
Construction Documents
Contract Price
Day
Defects Liability Period
Deliverables
Design Documents
Effective Date
Force Majeure Event
Good Industry Practice
Governing Law
Health and Safety Plan
Insurance Requirements
Key Personnel
Milestone
Notice
Payment Certificate
Performance Standards
Prime Contract
Project
Project Manager
Project Owner
Project Schedule
Quality Management Plan
Retention
Schedule of Rates
Scope of Works
Site
Site Rules
Specifications
Subcontract Documents
Subcontractor's Equipment
Substantial Completion
Technical Standards
Variation
Warranty Period
Work Package
Works
Clauses
Interpretation
Appointment
Scope of Works
Subcontractor Obligations
Prime Contractor Obligations
Payment
Variations
Time and Completion
Testing and Inspection
Quality Assurance
Health and Safety
Labor and Personnel
Materials and Equipment
Site Access
Warranties
Liability and Indemnification
Insurance
Force Majeure
Suspension
Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Subcontracting
Notices
Governing Law
Compliance with Laws
Environmental Protection
Documentation
Audit Rights
Performance Security
Risk Allocation
Work Standards
Social Security Compliance
Worker Protection
Defects Liability
Change Management
Coordination with Other Contractors
Record Keeping
Progress Reporting
Site Conditions
Relevant Industries

Construction

Engineering

Infrastructure

Manufacturing

Technology

Energy

Telecommunications

Industrial Services

Facility Management

Transportation

Relevant Teams

Legal

Procurement

Operations

Commercial

Finance

Risk Management

Project Management

Quality Assurance

Compliance

Technical Services

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Procurement Manager

Commercial Director

Operations Manager

Construction Manager

Risk Manager

Chief Financial Officer

Technical Director

Site Supervisor

Compliance Officer

Quality Assurance Manager

Industries
ABGB (Allgemeines Bürgerliches Gesetzbuch): Austrian Civil Code - Governs basic contract law principles, including formation, performance, and termination of contracts
UGB (Unternehmensgesetzbuch): Austrian Commercial Code - Regulates commercial transactions and business relationships between enterprises
BVergG (Bundesvergabegesetz): Federal Procurement Act - Relevant for public procurement aspects if the prime contractor is working on public projects
ASVG (Allgemeines Sozialversicherungsgesetz): General Social Security Act - Covers social security obligations for workers and contractors
ASchG (ArbeitnehmerInnenschutzgesetz): Worker Protection Act - Ensures safety and health protection measures for workers, including subcontractors
KSchG (Konsumentenschutzgesetz): Consumer Protection Act - May be relevant if the end client is a consumer
GesbR (Gesellschaft bürgerlichen Rechts): Civil Law Partnership provisions - Relevant for joint venture arrangements between contractors
BAG (Bauarbeiter-Urlaubs- und Abfertigungsgesetz): Construction Workers' Holiday and Severance Pay Act - Specific regulations for construction industry workers
GewO (Gewerbeordnung): Trade Regulation Act - Regulates business licenses and professional qualifications required for contractors
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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