The Short Form Contract Between Owner And Contractor is specifically designed for use in the Australian construction industry where a simplified yet legally robust agreement is required. It is particularly suitable for small to medium-sized construction projects where the scope is well-defined and the risk profile is relatively straightforward. This document type incorporates all essential elements required by Australian construction law and industry practice, including provisions for security of payment legislation, statutory warranties, and state-specific building regulations. It provides a balanced approach to risk allocation while maintaining ease of use and understanding for both parties. The contract is commonly used for residential construction, small commercial projects, and renovation works where a full standard form contract would be too complex or onerous.
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1. Parties: Identifies and provides full details of the Owner and Contractor
2. Background: Brief context of the agreement and project overview
3. Definitions: Key terms used throughout the contract
4. Scope of Work: Detailed description of the works to be performed by the Contractor
5. Contract Sum and Payment: Agreement on price, payment terms, and payment schedule
6. Time for Completion: Project timeline, completion date, and any milestone dates
7. Contractor's Obligations: Key responsibilities including quality, compliance, and workmanship
8. Owner's Obligations: Key responsibilities including site access and information provision
9. Variations: Process for managing changes to the scope of work
10. Defects Liability: Defects period and rectification process
11. Insurance and Indemnity: Required insurance coverage and indemnification obligations
12. Termination: Circumstances and process for contract termination
13. Dispute Resolution: Process for resolving contractual disputes
14. General Provisions: Standard boilerplate clauses including notices, governing law
1. Security: Include when bank guarantees or retention monies are required
2. Provisional Sums: Include when certain costs cannot be fixed at contract formation
3. Practical Completion: Include for larger projects requiring formal completion certification
4. Programming: Include when project requires detailed construction program
5. Site Conditions: Include when site has specific challenges or requirements
6. Materials and Quality: Include when specific materials or quality standards are crucial
7. Subcontracting: Include when subcontracting needs to be regulated
8. Extensions of Time: Include for projects with critical completion dates
9. Intellectual Property: Include when design or innovative methods are involved
1. Schedule 1 - Contract Particulars: Key project details, contact information, and specific requirements
2. Schedule 2 - Scope of Works: Detailed description of works including plans and specifications
3. Schedule 3 - Contract Sum Breakdown: Itemized pricing and payment schedule
4. Schedule 4 - Program: Project timeline and milestone dates
5. Schedule 5 - Special Conditions: Any project-specific terms or requirements
6. Appendix A - Plans and Drawings: Technical drawings and design documents
7. Appendix B - Specifications: Technical specifications and standards
8. Appendix C - Insurance Certificates: Copies of required insurance policies
Relevant legal definitions
Agreement
Approvals
Business Day
Claim
Completion Date
Contract Documents
Contract Sum
Contractor
Date of Commencement
Defects
Defects Liability Period
Drawings
Extension of Time
Force Majeure
GST
Legislative Requirements
Owner
Owner's Representative
Practical Completion
Program
Project
Site
Specifications
Subcontractor
Superintendent
Variation
Works
Approvals
Business Day
Claim
Completion Date
Contract Documents
Contract Sum
Contractor
Date of Commencement
Defects
Defects Liability Period
Drawings
Extension of Time
Force Majeure
GST
Legislative Requirements
Owner
Owner's Representative
Practical Completion
Program
Project
Site
Specifications
Subcontractor
Superintendent
Variation
Works
Clauses
Interpretation
Contract Formation
Scope of Works
Payment Terms
Time for Completion
Site Access
Quality Standards
Work Health and Safety
Insurance
Indemnity
Variations
Extensions of Time
Defects Liability
Security
Risk Allocation
Warranties
Suspension
Termination
Dispute Resolution
Force Majeure
Confidentiality
Assignment
Notices
Governing Law
GST
General Provisions
Contract Formation
Scope of Works
Payment Terms
Time for Completion
Site Access
Quality Standards
Work Health and Safety
Insurance
Indemnity
Variations
Extensions of Time
Defects Liability
Security
Risk Allocation
Warranties
Suspension
Termination
Dispute Resolution
Force Majeure
Confidentiality
Assignment
Notices
Governing Law
GST
General Provisions
Relevant Industries
Construction
Real Estate
Residential Development
Commercial Property
Industrial Development
Infrastructure
Building Services
Home Improvement
Property Development
Small Business Construction
Relevant Teams
Legal
Construction
Commercial
Procurement
Risk Management
Project Management
Contract Administration
Property Development
Operations
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Property Developer
Building Owner
General Contractor
Construction Lawyer
Quantity Surveyor
Site Manager
Commercial Manager
Development Manager
Legal Counsel
Risk Manager
Procurement Manager
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