The Building Work Agreement is a fundamental document used in the Australian construction industry to establish the legal and commercial relationship between builders/contractors and principals/owners. It is essential for any construction project, from residential renovations to commercial developments, where building works are being undertaken. The agreement ensures compliance with Australian building regulations, including the National Construction Code, Security of Payment legislation, and state-specific building laws. It provides comprehensive coverage of project specifications, payment terms, timelines, quality standards, and risk allocation, while incorporating mandatory consumer protections and statutory warranties. This contract type is specifically designed to address the unique requirements of the Australian construction industry and provides a clear framework for managing building projects and resolving potential disputes.
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1. Parties: Identification of the builder/contractor and the principal/owner, including ABN/ACN and contact details
2. Background: Context of the agreement, including property details and general nature of the building work
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Scope of Works: Detailed description of the building work to be performed
5. Contract Price and Payment Terms: Agreed price, payment schedule, and process for progress payments
6. Time for Completion: Project timeline, stages, and provisions for extensions of time
7. Builder's Obligations: Key responsibilities including licenses, permits, workmanship, and compliance
8. Principal's Obligations: Access to site, approvals, and other owner responsibilities
9. Variations: Process for requesting, approving, and pricing variations to the work
10. Insurance and Indemnity: Required insurances and indemnification provisions
11. Practical Completion: Definition, inspection process, and certification requirements
12. Defects Liability: Defects period, rectification obligations, and final certificate
13. Termination: Grounds and process for termination by either party
14. Dispute Resolution: Process for resolving disputes including mediation and arbitration
15. General Provisions: Standard contract clauses including notices, governing law, and assignment
1. Work Health and Safety: Detailed WHS obligations when project size/complexity warrants specific provisions
2. Environmental Management: Environmental requirements for projects with significant environmental impacts
3. Quality Assurance: Specific quality management requirements for large/complex projects
4. Security: Bank guarantees or other security requirements for high-value contracts
5. Intellectual Property: IP provisions when custom designs or innovative methods are involved
6. Acceleration: Provisions for accelerating works when project timing is critical
7. Provisional Sums: Handling of provisional sum items when exact costs cannot be determined
8. Subcontracting: Detailed subcontracting provisions for larger projects
9. Materials and Equipment: Specific provisions about supply and storage of materials for large projects
1. Schedule 1 - Contract Details: Key project information, contact details, and commercial terms
2. Schedule 2 - Scope of Works: Detailed specifications, drawings, and technical requirements
3. Schedule 3 - Program: Detailed construction program and milestone dates
4. Schedule 4 - Price Breakdown: Detailed breakdown of contract price and rates
5. Schedule 5 - Special Conditions: Any special conditions specific to the project
6. Schedule 6 - Site Requirements: Site-specific requirements and restrictions
7. Appendix A - Plans and Drawings: Approved construction drawings and plans
8. Appendix B - Specifications: Detailed technical specifications
9. Appendix C - Insurances: Certificates of currency for required insurances
Relevant legal definitions
Approved Drawings
Authority
Authority Requirements
Building Works
Business Day
Certificate of Practical Completion
Claim for Payment
Commencement Date
Contract Documents
Contract Price
Date for Practical Completion
Date of Practical Completion
Defects
Defects Liability Period
Extension of Time
Final Certificate
Force Majeure Event
GST
Latent Condition
Legislative Requirements
Notice
Practical Completion
Principal's Representative
Program
Progress Claim
Progress Payment
Project
Project Site
Provisional Sum
Quality Standards
Scope of Works
Security
Services
Site
Specification
Subcontractor
Superintendent
Variation
Variation Order
WHS Laws
Work Health and Safety Plan
Works
Authority
Authority Requirements
Building Works
Business Day
Certificate of Practical Completion
Claim for Payment
Commencement Date
Contract Documents
Contract Price
Date for Practical Completion
Date of Practical Completion
Defects
Defects Liability Period
Extension of Time
Final Certificate
Force Majeure Event
GST
Latent Condition
Legislative Requirements
Notice
Practical Completion
Principal's Representative
Program
Progress Claim
Progress Payment
Project
Project Site
Provisional Sum
Quality Standards
Scope of Works
Security
Services
Site
Specification
Subcontractor
Superintendent
Variation
Variation Order
WHS Laws
Work Health and Safety Plan
Works
Clauses
Construction Scope
Payment Terms
Time and Program
Variations
Extensions of Time
Work Health and Safety
Quality Assurance
Insurance and Indemnity
Security of Payment
Practical Completion
Defects Liability
Site Access and Conditions
Materials and Workmanship
Compliance with Laws
Approvals and Permits
Subcontracting
Warranties
Risk Allocation
Force Majeure
Default and Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Novation
Notices
Governing Law
Environmental Compliance
Documentation Requirements
Record Keeping
Progress Reporting
Payment Terms
Time and Program
Variations
Extensions of Time
Work Health and Safety
Quality Assurance
Insurance and Indemnity
Security of Payment
Practical Completion
Defects Liability
Site Access and Conditions
Materials and Workmanship
Compliance with Laws
Approvals and Permits
Subcontracting
Warranties
Risk Allocation
Force Majeure
Default and Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Novation
Notices
Governing Law
Environmental Compliance
Documentation Requirements
Record Keeping
Progress Reporting
Relevant Industries
Construction
Real Estate
Property Development
Infrastructure
Commercial Property
Residential Property
Industrial
Retail
Healthcare
Education
Hospitality
Mining
Government
Relevant Teams
Legal
Operations
Commercial
Procurement
Risk Management
Compliance
Project Management
Construction Management
Contract Administration
Property Development
Facilities Management
Quality Assurance
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Commercial Manager
Legal Counsel
Risk Manager
Quantity Surveyor
Site Manager
Building Inspector
Procurement Manager
Operations Manager
Chief Executive Officer
Managing Director
Development Manager
Facilities Manager
Project Director
Construction Director
General Counsel
Claims Manager
Compliance Officer
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