Sub Subcontractor Agreement Template for Austria

A comprehensive legal agreement governed by Austrian law that establishes and regulates the relationship between a subcontractor and their appointed sub-subcontractor, within the context of a larger project or main contract. The document details the scope of work, payment terms, performance requirements, and compliance obligations while ensuring alignment with Austrian civil and commercial law requirements. It includes specific provisions for quality control, safety standards, and liability allocation, incorporating relevant aspects of Austrian construction and labor regulations, as well as EU directives where applicable.

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What is a Sub Subcontractor Agreement?

The Sub Subcontractor Agreement is a crucial document used in complex project structures where work needs to be delegated to specialized contractors beyond the first tier of subcontracting. This agreement, governed by Austrian law, is particularly important in large-scale construction, engineering, and infrastructure projects where specialized work packages need to be executed by specific service providers. The document establishes clear chains of responsibility, ensures compliance with Austrian legal requirements including labor laws and social security regulations, and maintains quality control through multiple contracting tiers. It typically includes detailed specifications of work scope, payment mechanisms, performance standards, and risk allocation, while ensuring alignment with both the main contract and the primary subcontract. The agreement is essential for projects requiring specialized expertise or additional resource capacity, while maintaining proper oversight and control of project delivery.

What sections should be included in a Sub Subcontractor Agreement?

1. Parties: Identification and details of the main contractor, subcontractor, and sub-subcontractor

2. Background: Context of the main contract, subcontract, and the need for sub-subcontracting

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

4. Scope of Work: Detailed description of the works to be performed by the sub-subcontractor

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

6. Duration and Timeline: Project timeline, milestones, and completion dates

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

8. Obligations of the Sub-subcontractor: Key responsibilities including labor, materials, equipment, and compliance requirements

9. Obligations of the Subcontractor: Responsibilities of the subcontractor including site access, information provision, and coordination

10. Health and Safety: Safety requirements, protocols, and compliance with Austrian workplace safety regulations

11. Insurance and Liability: Required insurance coverage and allocation of liability between parties

12. Warranties and Guarantees: Workmanship warranties, material guarantees, and defect liability periods

13. Compliance with Laws: Obligations to comply with Austrian laws, regulations, and industry standards

14. Termination: Grounds and procedures for contract termination

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

What sections are optional to include in a Sub Subcontractor Agreement?

1. Intellectual Property Rights: Include when the work involves design, software, or creative elements

2. Confidentiality: Include when sensitive information will be shared

3. Force Majeure: Include for long-term projects or high-risk environments

4. Environmental Compliance: Include for projects with significant environmental impact

5. Materials and Equipment Supply: Include when the sub-subcontractor is responsible for supplying materials

6. Quality Control Procedures: Include for complex technical projects requiring specific quality management

7. Staff Qualifications: Include when specific certifications or qualifications are required

8. Security Requirements: Include for projects with specific security concerns or sensitive locations

9. Reporting Requirements: Include for complex projects requiring regular progress reporting

10. Back-to-back Provisions: Include specific provisions that need to flow down from the main contract

What schedules should be included in a Sub Subcontractor Agreement?

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

2. Schedule 2 - Price Schedule: Detailed breakdown of prices, rates, and payment milestones

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

4. Schedule 4 - Quality Standards: Specific quality requirements and acceptance criteria

5. Schedule 5 - Health and Safety Requirements: Detailed safety procedures and requirements

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

7. Schedule 7 - Key Personnel: List of key personnel and their qualifications

8. Appendix A - Site Rules and Procedures: Site-specific rules and operational procedures

9. Appendix B - Forms and Templates: Standard forms for notices, requests, and reports

10. Appendix C - Relevant Extracts from Main Contract: Relevant terms from the main contract that apply to the sub-subcontractor

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

Jurisdiction

Austria

Publisher

Genie AI

Cost

Free to use

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