The Waiver Of Liability For Construction Work is a crucial document used in Austrian construction projects to establish clear boundaries of liability between various parties involved in construction work. It's particularly important when multiple contractors or subcontractors are working on a single project, or when high-risk construction activities are being undertaken. The document must be carefully drafted to comply with Austrian legal requirements, particularly noting that under Austrian law, liability for gross negligence or intentional acts cannot be waived. This document typically includes detailed project specifications, safety protocols, and insurance requirements, while clearly defining the scope of waived liability. It's essential for risk management in construction projects and should be used in conjunction with comprehensive construction contracts and insurance coverage.
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1. Parties: Identification of all parties involved, including the contractor, property owner, and any other relevant parties
2. Background: Context of the construction work and the purpose of the waiver
3. Definitions: Key terms used throughout the document, including 'Construction Work', 'Liability', 'Gross Negligence', etc.
4. Scope of Work: Detailed description of the construction work covered by the waiver
5. Waiver of Liability: Clear statement of the liability waiver, explicitly noting exclusions for gross negligence and intentional acts as required by Austrian law
6. Exceptions to Waiver: Explicit listing of circumstances where the waiver does not apply, including statutory requirements under Austrian law
7. Representations and Warranties: Statements by both parties regarding their capacity, understanding, and voluntary acceptance of the waiver
8. Duration: Time period for which the waiver remains valid
9. Governing Law: Specification of Austrian law as governing law and jurisdiction
10. Severability: Provision ensuring remainder of agreement remains valid if any part is found unenforceable
1. Insurance Requirements: Details of required insurance coverage - include when specific insurance arrangements are part of the agreement
2. Third Party Rights: Provisions regarding rights of subcontractors or other third parties - include when subcontractors are involved
3. Consumer Protection Notice: Special provisions required under Austrian Consumer Protection Act - include when one party is a consumer
4. Safety Protocols: Specific safety measures and responsibilities - include for high-risk construction work
5. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer specific resolution mechanisms
6. Language Declaration: Declaration regarding official language version - include when document is provided in multiple languages
1. Schedule A - Project Specifications: Detailed description of the construction work, including plans and technical specifications
2. Schedule B - Site Safety Plan: Comprehensive safety protocols and procedures for the construction site
3. Schedule C - Insurance Certificates: Copies of relevant insurance policies and certificates
4. Appendix 1 - Risk Assessment: Detailed assessment of potential risks and hazards associated with the construction work
5. Appendix 2 - Contractor Qualifications: Documentation of contractor's licenses, certifications, and qualifications
6. Appendix 3 - Site Documentation: Photographs, drawings, or other documentation of the pre-construction site condition
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