The Agreement For Work To Be Performed (Werkvertrag) is a fundamental contract type in Austrian business law, primarily used when one party (contractor) commits to delivering a specific result or completed work for another party (client) in exchange for payment. This document is essential for project-based work, freelance arrangements, and business-to-business services where the focus is on the delivery of a defined outcome rather than ongoing employment. The agreement is governed by the Austrian Civil Code (ABGB, particularly §§ 1151-1164) and must comply with Austrian commercial law, tax regulations, and where applicable, consumer protection legislation. It's particularly relevant for scenarios where independent contractors, freelancers, or businesses are engaged to complete specific projects, create particular works, or deliver defined results, with clear deliverables and acceptance criteria.
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1. Parties: Identification and details of the contractor (Werkunternehmer) and client (Werkbesteller), including full legal names, addresses, and registration numbers if applicable
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the work to be performed, including specific deliverables and quality standards
5. Time for Performance: Timeline for completion, including any milestone dates and delivery schedule
6. Remuneration: Payment terms, amount, and schedule, including VAT provisions and invoicing requirements
7. Acceptance Procedure: Process for reviewing, testing, and accepting the completed work
8. Warranty: Warranty provisions as required under Austrian law (§§ 922 ff ABGB)
9. Liability: Extent and limitations of liability under Austrian law
10. Intellectual Property Rights: Ownership and usage rights of work results
11. Termination: Conditions and process for termination of the agreement
12. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction
13. Miscellaneous: Standard closing provisions including severability, entire agreement, and amendments
1. Confidentiality: Required when sensitive information will be shared during the project
2. Insurance: Needed for high-risk work or when specific insurance coverage is required
3. Force Majeure: Recommended for long-term projects or where external factors could significantly impact performance
4. Non-Compete: Used when protecting business interests is crucial, subject to Austrian competition law restrictions
5. Subcontracting: Include when subcontracting might be necessary or needs to be explicitly prohibited
6. Data Protection: Required when personal data processing is involved (GDPR compliance)
7. Quality Assurance: Important for technical or complex projects requiring specific quality standards
8. Materials and Equipment: Needed when specific materials or equipment are to be provided by either party
1. Technical Specifications: Detailed technical requirements and specifications of the work
2. Work Schedule: Detailed timeline with milestones and deadlines
3. Price Breakdown: Itemized list of costs and payment schedule
4. Quality Standards: Specific quality requirements and industry standards to be met
5. Testing Procedures: Detailed procedures for testing and accepting the work
6. Personnel List: Key personnel assigned to the project (if relevant)
7. Required Permits: List of necessary permits and certifications
8. Form of Acceptance Certificate: Template for formal acceptance of completed work
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Information Technology
Consulting
Engineering
Architecture
Manufacturing
Creative Industries
Professional Services
Research and Development
Education
Environmental Services
Technical Services
Media Production
Industrial Design
Software Development
Relevant Teams
Legal
Procurement
Operations
Commercial
Project Management
Risk & Compliance
Contract Administration
Business Development
Technical Operations
Finance
Supply Chain
Relevant Roles
Project Manager
Procurement Manager
Legal Counsel
Contract Administrator
Business Development Manager
Operations Director
Freelance Contractor
Independent Consultant
Chief Operating Officer
Commercial Manager
Technical Director
Program Manager
Department Head
Purchasing Officer
Risk Manager
Compliance Officer
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