Cost Fixed Fee Contract Template for Australia

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Key Requirements PROMPT example:

Cost Fixed Fee Contract

"I need a Cost Fixed Fee Contract for a commercial building renovation project in Brisbane, with a contract value of AUD 2.5M and completion date of March 2025, including specific provisions for heritage building requirements and staged payments."

Document background
The Cost Fixed Fee Contract is a fundamental commercial agreement used in Australian business transactions where a contractor agrees to perform specified work or services for a fixed, predetermined fee. This contract type is particularly suitable when the scope of work can be clearly defined upfront and the principal wants price certainty. It's commonly used in construction, professional services, and project-based industries where the contractor bears the risk of cost overruns but benefits from cost savings. The document incorporates key provisions required under Australian law, including consumer protection requirements, security of payment provisions, and fair contract terms as mandated by the Competition and Consumer Act 2010 and related legislation. It provides comprehensive coverage of payment terms, scope variations, quality requirements, and risk allocation between parties.
Suggested Sections

1. Parties: Identification and details of all contracting parties

2. Background: Context of the agreement and general intent of the parties

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

4. Scope of Works: Detailed description of services/works to be performed

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

6. Time for Performance: Project timeline, milestones, and completion dates

7. Contractor Obligations: Key responsibilities and commitments of the contractor

8. Principal Obligations: Key responsibilities and commitments of the principal

9. Quality and Standards: Required quality levels and applicable industry standards

10. Variations: Process for managing changes to scope or requirements

11. Insurance and Indemnity: Insurance requirements and indemnification provisions

12. Intellectual Property: Ownership and rights to intellectual property

13. Confidentiality: Protection of confidential information

14. Termination: Grounds and process for contract termination

15. Dispute Resolution: Process for resolving disputes between parties

16. General Provisions: Standard boilerplate clauses including governing law, notices, etc.

Optional Sections

1. Work Health and Safety: Required for contracts involving on-site work or high-risk activities

2. Environmental Requirements: Include when work has environmental implications or requires specific compliance

3. Security Requirements: Include when performance bonds or bank guarantees are required

4. Subcontracting: Include when subcontracting will be permitted

5. Force Majeure: Include for longer-term contracts or where external risks are significant

6. Personnel Requirements: Include when specific qualifications or security clearances are required

7. Defects Liability: Include for construction or product delivery contracts

8. Liquidated Damages: Include when specific damages for delay or non-performance need to be pre-agreed

Suggested Schedules

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

2. Schedule 2 - Contract Price Breakdown: Itemized pricing and payment milestone details

3. Schedule 3 - Program of Works: Detailed timeline and project schedule

4. Schedule 4 - Key Personnel: Details of key staff and their roles

5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage levels required

6. Schedule 6 - Site Access and Requirements: Site-specific conditions and access requirements

7. Schedule 7 - Forms and Procedures: Standard forms for variations, claims, etc.

8. Appendix A - Technical Specifications: Detailed technical requirements and standards

9. Appendix B - Drawing Register: List of applicable drawings and specifications

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

Relevant legal definitions
Clauses
Relevant Industries

Construction

Information Technology

Professional Services

Engineering

Consulting

Manufacturing

Infrastructure

Mining

Telecommunications

Education and Training

Relevant Teams

Legal

Procurement

Commercial

Operations

Finance

Risk and Compliance

Project Management Office

Business Development

Contract Administration

Technical Services

Relevant Roles

Contract Manager

Project Manager

Commercial Manager

Procurement Manager

Legal Counsel

Operations Manager

Finance Manager

Risk Manager

Business Development Manager

Chief Financial Officer

Construction Manager

Quantity Surveyor

Program Director

Chief Operating Officer

General Counsel

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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