Building Management Contract for Australia

Building Management Contract Template for Australia

This document is a comprehensive Building Management Contract governed by Australian law, designed to establish and regulate the relationship between a property owner/principal and a building manager or facility management company. It outlines the scope of building management services, performance standards, payment terms, and compliance requirements in accordance with Australian building regulations, workplace safety laws, and relevant state/territory legislation. The contract includes detailed provisions for maintenance, security, cleaning, regulatory compliance, reporting, and risk management, while addressing specific requirements for insurance, dispute resolution, and termination procedures.

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What is a Building Management Contract?

The Building Management Contract serves as a crucial legal framework for property owners and building managers operating in Australia. This document is essential when engaging professional building management services for commercial, residential, or mixed-use properties. It comprehensively addresses all aspects of building operations, maintenance, and administration, ensuring compliance with Australian building codes, workplace safety regulations, and environmental requirements. The contract typically includes detailed specifications for service delivery, performance metrics, financial arrangements, and risk management protocols. It's particularly relevant in situations where properties require professional management services, whether for single buildings or building complexes, and can be adapted to various property types while maintaining compliance with federal, state, and territory-specific legislation.

What sections should be included in a Building Management Contract?

1. Parties: Identification of the building owner/principal and the building manager, including full legal names and contact details

2. Background: Context of the agreement, building details, and purpose of the management arrangement

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules for interpreting the contract

4. Appointment and Term: Formal appointment of the building manager, commencement date, duration, and renewal terms

5. Building Manager's Obligations: Core responsibilities including maintenance, security, cleaning, compliance with regulations, and reporting requirements

6. Owner's Obligations: Responsibilities of the building owner including access provision, payment, and information sharing

7. Fees and Payment Terms: Management fees, payment schedule, expense reimbursement, and review mechanisms

8. Performance Standards: Required service levels, KPIs, and quality standards for building management services

9. Compliance and Reporting: Regulatory compliance requirements, required reports, and documentation standards

10. Insurance and Liability: Insurance requirements, liability limitations, and indemnification provisions

11. Work Health and Safety: WHS obligations, risk management, and safety procedures

12. Termination: Grounds for termination, notice requirements, and post-termination obligations

13. Dispute Resolution: Process for handling disputes, including mediation and arbitration procedures

14. General Provisions: Standard contract clauses including notices, assignment, governing law, and entire agreement

What sections are optional to include in a Building Management Contract?

1. Environmental Management: For buildings requiring specific environmental compliance or targeting green ratings

2. Tenant Relations: For multi-tenanted buildings requiring tenant liaison and management

3. Special Facilities Management: For buildings with special facilities like swimming pools, gymnasiums, or conference centers

4. Security Systems and Procedures: For high-security buildings or those with specific security requirements

5. Emergency Response Procedures: For buildings requiring detailed emergency management protocols

6. Asset Management: For contracts including long-term asset management responsibilities

7. Energy Management: For buildings with specific energy efficiency requirements or targets

8. Retail Area Management: For buildings with retail spaces requiring specific management

9. Car Park Management: For buildings with parking facilities requiring management

10. Contractor Management: For arrangements where the building manager coordinates multiple contractors

What schedules should be included in a Building Management Contract?

1. Schedule 1 - Building Details: Detailed description of the building, including address, facilities, and specific features

2. Schedule 2 - Services Specification: Detailed scope of services to be provided by the building manager

3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, charges, and payment terms

4. Schedule 4 - Key Performance Indicators: Specific performance metrics and measurement criteria

5. Schedule 5 - Required Insurance Policies: Details of required insurance coverage and minimum amounts

6. Schedule 6 - Emergency Contacts: List of emergency contacts and escalation procedures

7. Schedule 7 - Maintenance Schedule: Planned maintenance schedules and requirements

8. Schedule 8 - Building Systems and Equipment: Inventory of building systems and equipment under management

9. Appendix A - Building Plans: Floor plans and building layouts

10. Appendix B - Operating Procedures: Standard operating procedures for building management

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

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Commercial Real Estate

Residential Property

Retail Property

Industrial Property

Healthcare Facilities

Educational Institutions

Government Buildings

Mixed-Use Developments

Shopping Centers

Office Buildings

Hospitality

Aged Care Facilities

Relevant Teams

Facilities Management

Property Management

Operations

Legal

Procurement

Risk and Compliance

Asset Management

Building Services

Security

Maintenance

Finance

Health and Safety

Relevant Roles

Facility Manager

Property Manager

Building Operations Manager

Asset Manager

Property Services Director

Operations Director

Maintenance Manager

Chief Operating Officer

Real Estate Manager

Contract Administrator

Legal Counsel

Risk Manager

Compliance Officer

Building Services Manager

Security Manager

Sustainability 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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