Project Delivery Agreement for Australia

Project Delivery Agreement Template for Australia

A Project Delivery Agreement is a comprehensive contractual document used in Australia to establish the terms and conditions for the delivery of specific projects. It outlines the responsibilities of both the principal and contractor, including scope of works, payment terms, timelines, quality requirements, and risk allocation. The agreement incorporates Australian legal requirements, including state-specific building regulations, work health and safety obligations, and security of payment legislation. It provides a structured framework for project execution, monitoring, and completion, while ensuring compliance with relevant Australian standards and regulations.

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What is a Project Delivery Agreement?

The Project Delivery Agreement is a vital contractual instrument used in the Australian business environment to formalize the relationship between a principal (project owner) and a contractor for the delivery of specific projects. This agreement type is particularly suitable for complex projects requiring detailed scope definition, milestone-based delivery, and clear risk allocation. The document incorporates requirements from Australian contract law, state-specific building regulations, and industry standards, making it compliant with local jurisdiction requirements. A Project Delivery Agreement typically includes comprehensive provisions for project execution, payment mechanisms, quality standards, dispute resolution, and risk management, providing a robust framework for successful project delivery while protecting the interests of all parties involved.

What sections should be included in a Project Delivery Agreement?

1. Parties: Identifies and provides details of all parties to the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Project Scope: Detailed description of the project works and deliverables

5. Contract Price and Payment Terms: Specifies the contract sum, payment schedule, and payment mechanisms

6. Time for Completion: Sets out project timeline, milestones, and completion requirements

7. Contractor Obligations: Details the contractor's responsibilities and performance requirements

8. Principal Obligations: Outlines the principal's responsibilities and commitments

9. Variations: Procedures for managing changes to scope, time, or cost

10. Quality and Compliance: Quality standards, inspection requirements, and compliance obligations

11. Work Health and Safety: WHS obligations and management requirements

12. Insurance and Indemnities: Required insurances and indemnity provisions

13. Default and Termination: Circumstances and procedures for default and contract termination

14. Dispute Resolution: Procedures for managing and resolving disputes

15. General Provisions: Standard contract terms including notices, governing law, and assignment

What sections are optional to include in a Project Delivery Agreement?

1. Environmental Management: Required for projects with significant environmental impacts or requirements

2. Indigenous Engagement: For projects involving indigenous land or requiring indigenous participation

3. Building Information Modeling: For projects utilizing BIM technology and processes

4. Intellectual Property: When project involves creation or use of significant IP

5. Security: Where bank guarantees or other forms of security are required

6. Stakeholder Management: For projects with significant community or stakeholder impact

7. Defects Liability: For projects requiring extended defects warranty period

8. Force Majeure: When specific force majeure provisions are required beyond standard provisions

What schedules should be included in a Project Delivery Agreement?

1. Schedule 1 - Contract Particulars: Key project details, contact information, and specific requirements

2. Schedule 2 - Scope of Works: Detailed technical specifications and requirements

3. Schedule 3 - Program: Detailed project timeline and milestone dates

4. Schedule 4 - Payment Schedule: Breakdown of contract price and payment milestones

5. Schedule 5 - Key Personnel: Details of key staff and their roles

6. Schedule 6 - Forms of Security: Templates for bank guarantees or other security forms

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and requirements

8. Schedule 8 - Site Requirements: Site-specific conditions and requirements

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

10. Appendix B - Drawings: Project drawings and design documents

11. Appendix C - Quality Management Plan: Quality assurance and control procedures

12. Appendix D - WHS Management Plan: Safety management procedures and requirements

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

Document Type

Project Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Infrastructure

Information Technology

Mining

Energy

Healthcare

Education

Telecommunications

Transport

Manufacturing

Defense

Real Estate Development

Relevant Teams

Legal

Commercial

Project Management

Procurement

Operations

Risk Management

Finance

Technical Services

Quality Assurance

Construction Management

Relevant Roles

Project Manager

Contract Manager

Commercial Manager

Legal Counsel

Project Director

Construction Manager

Procurement Manager

Risk Manager

Technical Director

Operations Manager

Chief Executive Officer

Chief Financial Officer

Project Engineer

Quality Manager

Site 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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