The Construction Teaming Agreement is essential for construction industry participants in Australia who wish to collaborate on significant projects while maintaining their separate corporate identities. This document is particularly valuable when multiple specialized contractors need to combine their expertise and resources to bid for and execute large-scale construction projects. The agreement ensures compliance with Australian competition law, construction industry regulations, and security of payment legislation while establishing clear frameworks for collaboration, risk sharing, and project delivery. It includes provisions for joint bidding, resource allocation, profit sharing, and project management, tailored to meet the specific requirements of the Australian construction industry and relevant state/territory regulations.
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1. Parties: Identification of all team members entering into the agreement
2. Background: Context of the agreement, including the project opportunity and reasons for teaming
3. Definitions: Defined terms used throughout the agreement
4. Purpose and Scope: Objectives of the teaming arrangement and scope of collaboration
5. Team Structure and Governance: Organization structure, management committee, and decision-making processes
6. Roles and Responsibilities: Specific duties and obligations of each team member
7. Proposal Development: Process for developing and submitting joint proposals or bids
8. Resource Commitment: Personnel, equipment, and resources to be provided by each party
9. Costs and Revenue Sharing: Financial arrangements including cost allocation and profit distribution
10. Confidentiality: Protection of sensitive information shared between parties
11. Intellectual Property: Ownership and usage rights of IP brought to or developed during the collaboration
12. Competition and Exclusivity: Non-compete provisions and exclusivity terms
13. Term and Termination: Duration of agreement and circumstances for termination
14. Dispute Resolution: Process for resolving disagreements between team members
15. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Insurance Requirements: Specific insurance obligations when project requires additional coverage
2. Security Requirements: Security measures for sensitive projects or government contracts
3. Work Health and Safety: Specific WHS obligations when high-risk activities are involved
4. Environmental Compliance: Environmental obligations for projects with significant environmental impact
5. Indigenous Participation: Requirements for projects involving Indigenous participation targets
6. Local Content: Local content requirements for specific jurisdictions or project requirements
7. Quality Assurance: Specific quality management requirements for complex projects
8. Export Control: Export control provisions for international projects
9. Parent Company Guarantee: Additional security requirements when financial backing is needed
1. Project Details: Specific details of the target project or opportunity
2. Resource Schedule: Detailed listing of personnel and resources committed by each party
3. Cost Allocation Matrix: Detailed breakdown of cost sharing arrangements
4. Revenue Distribution Framework: Detailed profit sharing and payment mechanisms
5. Governance Procedures: Detailed procedures for team management and decision-making
6. Communication Protocol: Procedures for internal and external communications
7. Key Personnel: List of key team members and their roles
8. Insurance Certificates: Copies of required insurance policies
9. Compliance Requirements: Specific regulatory or project compliance requirements
10. Form of Subcontract: Template subcontract for use if bid is successful
Relevant legal definitions
Agreement
Applicable Laws
Background IP
Bid
Business Day
Commencement Date
Confidential Information
Construction Works
Contract Price
Developed IP
Dispute
Existing Contracts
Force Majeure Event
Governing Law
Head Contract
Insurance Requirements
Intellectual Property Rights
Key Personnel
Lead Party
Material Breach
Member Contribution
Moral Rights
Non-Competition Period
Participating Interest
Principal
Project
Project Manager
Proposal
Related Body Corporate
Representative
Security of Payment Act
Services
Steering Committee
Subcontractor
Target Project
Team Members
Teaming Period
Technical Information
Term
Territory
Third Party
Work Health and Safety Laws
Work Method Statement
Work Package
Work Share
Applicable Laws
Background IP
Bid
Business Day
Commencement Date
Confidential Information
Construction Works
Contract Price
Developed IP
Dispute
Existing Contracts
Force Majeure Event
Governing Law
Head Contract
Insurance Requirements
Intellectual Property Rights
Key Personnel
Lead Party
Material Breach
Member Contribution
Moral Rights
Non-Competition Period
Participating Interest
Principal
Project
Project Manager
Proposal
Related Body Corporate
Representative
Security of Payment Act
Services
Steering Committee
Subcontractor
Target Project
Team Members
Teaming Period
Technical Information
Term
Territory
Third Party
Work Health and Safety Laws
Work Method Statement
Work Package
Work Share
Clauses
Definitions
Interpretation
Formation of Team
Scope of Work
Team Structure
Roles and Responsibilities
Decision Making
Exclusivity
Non-Compete
Confidentiality
Intellectual Property
Resource Allocation
Cost Sharing
Revenue Distribution
Bid Preparation
Project Management
Performance Standards
Health and Safety
Quality Assurance
Insurance
Indemnification
Liability
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Notices
Amendment
Severability
Entire Agreement
Competition Law Compliance
Security of Payment
Environmental Compliance
Personnel
Subcontracting
Warranties
Risk Allocation
Conflict of Interest
Communications
Record Keeping
Interpretation
Formation of Team
Scope of Work
Team Structure
Roles and Responsibilities
Decision Making
Exclusivity
Non-Compete
Confidentiality
Intellectual Property
Resource Allocation
Cost Sharing
Revenue Distribution
Bid Preparation
Project Management
Performance Standards
Health and Safety
Quality Assurance
Insurance
Indemnification
Liability
Force Majeure
Term and Termination
Dispute Resolution
Governing Law
Assignment
Notices
Amendment
Severability
Entire Agreement
Competition Law Compliance
Security of Payment
Environmental Compliance
Personnel
Subcontracting
Warranties
Risk Allocation
Conflict of Interest
Communications
Record Keeping
Relevant Industries
Commercial Construction
Residential Construction
Infrastructure Development
Industrial Construction
Mining Construction
Healthcare Construction
Education Facilities
Transport Infrastructure
Energy and Utilities
Defense Construction
Public Works
Renewable Energy Infrastructure
Relevant Teams
Legal
Commercial
Operations
Business Development
Risk Management
Procurement
Engineering
Executive Leadership
Project Management Office
Estimating
Finance
Relevant Roles
Construction Manager
Project Director
Commercial Manager
Legal Counsel
Contract Administrator
Business Development Manager
Operations Director
Chief Executive Officer
Risk Manager
Procurement Manager
Engineering Manager
Technical Director
Bid Manager
General Manager Construction
Commercial Director
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