Standard Form Of Building Contract for Australia

Standard Form Of Building Contract Template for Australia

This Standard Form Building Contract is a comprehensive legal agreement used in the Australian construction industry to establish the rights, obligations, and responsibilities between a principal/owner and a contractor for construction projects. The document complies with Australian building and construction laws, including the Building and Construction Industry Security of Payment Act and the National Construction Code. It contains detailed provisions for project execution, payment terms, quality standards, variations, dispute resolution, and other essential aspects of construction project delivery, while incorporating state-specific requirements and industry best practices.

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What is a Standard Form Of Building Contract?

The Standard Form Of Building Contract serves as a foundational document for construction projects in Australia, providing a standardized framework for managing construction relationships and obligations. It is designed for use in various construction projects, from commercial buildings to infrastructure developments, and incorporates all necessary elements required by Australian construction law and industry standards. The document includes comprehensive provisions for project management, risk allocation, payment mechanisms, and dispute resolution, while maintaining flexibility to accommodate project-specific requirements through schedules and special conditions. This contract type is particularly valuable for ensuring consistency in project delivery and compliance with regulatory requirements, including the Building and Construction Industry Security of Payment Act, Work Health and Safety regulations, and state-specific building legislation.

What sections should be included in a Standard Form Of Building Contract?

1. Parties: Identifies and provides full details of the Principal/Owner and the Contractor

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes rules for contract interpretation

4. Contract Documents: Lists all documents forming part of the contract and their order of precedence

5. Principal's Obligations: Details the responsibilities and obligations of the Principal/Owner

6. Contractor's Obligations: Specifies the Contractor's duties, responsibilities and standard of work required

7. Contract Administrator: Defines the role, powers and responsibilities of the Contract Administrator

8. Time and Progress: Covers commencement, completion dates, extensions of time and delay provisions

9. Variations: Procedures for varying the work and determining cost adjustments

10. Payment Provisions: Details payment terms, progress payments, retention and final payment

11. Quality and Defects: Specifies quality standards, inspection requirements and defects liability period

12. Insurance and Indemnities: Sets out required insurances and indemnification obligations

13. Default and Termination: Describes events of default and termination procedures

14. Dispute Resolution: Establishes procedures for resolving disputes between parties

15. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and assignment

What sections are optional to include in a Standard Form Of Building Contract?

1. Provisional Sums: Include when there are works that cannot be precisely specified or costed at contract formation

2. Prime Cost Items: Include when specific items are to be selected after contract formation

3. Acceleration: Include for complex projects where acceleration of works might be required

4. Subcontracting: Include detailed provisions when significant subcontracting is anticipated

5. Security of Payment: Include specific provisions when additional payment security mechanisms are required

6. Site Conditions: Include detailed provisions for projects with challenging or uncertain site conditions

7. Environmental Management: Include for projects with significant environmental considerations

8. Aboriginal Heritage: Include for projects potentially affecting Aboriginal cultural heritage

9. Building Information Modeling: Include when BIM is to be used in the project

10. Workplace Health and Safety: Include detailed provisions for high-risk construction work

What schedules should be included in a Standard Form Of Building Contract?

1. Schedule 1 - Contract Particulars: Key project details including contract sum, dates, and party details

2. Schedule 2 - Special Conditions: Project-specific amendments to standard conditions

3. Schedule 3 - Scope of Works: Detailed description of works to be performed

4. Schedule 4 - Technical Specifications: Detailed technical requirements and standards

5. Schedule 5 - Drawings: List and copies of all relevant drawings

6. Schedule 6 - Program: Construction program and milestone dates

7. Schedule 7 - Price and Payment Schedule: Breakdown of contract sum and payment milestones

8. Schedule 8 - Forms of Security: Forms for bank guarantees or other security

9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and certificates

10. Appendix A - Site Information: Site conditions, access requirements and restrictions

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

12. Appendix C - Safety Management Plan: Safety 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

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Public Works

Mining Infrastructure

Healthcare Facilities

Educational Facilities

Retail Development

Hospitality Development

Relevant Teams

Legal

Construction

Commercial

Procurement

Operations

Project Management

Risk and Compliance

Finance

Technical Services

Business Development

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Commercial Manager

Legal Counsel

Quantity Surveyor

Site Manager

Procurement Manager

Risk Manager

Operations Director

Development Manager

Chief Executive Officer

Financial Controller

Compliance Officer

Technical Director

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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