The General Contractor Contract Agreement For Construction Work is a fundamental document used in Austrian construction projects where a single contractor takes overall responsibility for the execution of construction works. This agreement is particularly relevant for medium to large-scale construction projects in Austria where coordination of multiple trades and subcontractors is required. The document incorporates mandatory provisions from Austrian construction law, including the ABGB, BauKG, and ÖNORM B 2110, while addressing practical aspects of project execution, risk management, and quality control. It is designed to provide comprehensive coverage of all essential aspects of the construction process, from initial mobilization to final completion and warranty period, while ensuring compliance with Austrian regulatory requirements and industry standards.
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1. Parties: Identification and details of the Client (Bauherr) and the General Contractor (Generalunternehmer), including their legal status and representatives
2. Background: Context of the construction project, including the site location and general purpose of the works
3. Definitions: Key terms used throughout the agreement, including technical construction terminology and contract-specific definitions
4. Scope of Works: Detailed description of the construction works to be performed, including main deliverables and project boundaries
5. Contract Price and Payment Terms: Total contract value, payment schedule, invoicing requirements, and payment conditions
6. Project Timeline: Construction schedule, key milestones, completion date, and provisions for extensions of time
7. Contractor's Obligations: General and specific obligations of the contractor, including quality standards, supervision, and coordination responsibilities
8. Client's Obligations: Responsibilities of the client, including site access, permits, approvals, and provision of necessary information
9. Quality and Standards: Required quality standards, applicable building codes, and compliance with Austrian construction regulations
10. Variations and Changes: Procedures for handling changes to the scope of work and their impact on price and timeline
11. Health and Safety: Safety requirements and compliance with BauKG and other relevant safety regulations
12. Insurance and Liability: Required insurance coverage and allocation of risks between parties
13. Warranties and Defects Liability: Warranty periods, defect rectification procedures, and maintenance obligations
14. Termination: Grounds and procedures for contract termination by either party
15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
16. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Subcontracting: Rules and procedures for engaging subcontractors - include when subcontracting is anticipated
2. Environmental Protection: Specific environmental requirements - include for projects with significant environmental impact
3. Performance Security: Requirements for bank guarantees or performance bonds - include for high-value projects
4. Intellectual Property: IP rights and ownership of project documents - include when design services are included
5. Force Majeure: Provisions for unforeseen circumstances - include for long-term or complex projects
6. Liquidated Damages: Pre-agreed damages for delay or performance failures - include when specific penalties are required
7. Site Conditions: Provisions relating to ground conditions and site investigations - include for greenfield projects
8. Materials and Equipment: Specific requirements for materials and equipment - include for projects with special material requirements
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the construction works
2. Schedule 2 - Project Drawings: Approved construction drawings and design documents
3. Schedule 3 - Bill of Quantities: Itemized list of quantities and prices for the works
4. Schedule 4 - Project Timeline: Detailed construction schedule with milestones and critical path
5. Schedule 5 - Payment Schedule: Detailed breakdown of payment installments and milestones
6. Schedule 6 - Site Information: Site details, access points, and relevant site conditions
7. Schedule 7 - Required Insurances: Details of all required insurance policies and coverage amounts
8. Schedule 8 - Key Personnel: List of key personnel from both parties and their roles
9. Schedule 9 - Forms and Certificates: Template forms for variations, completion certificates, and other project documents
10. Schedule 10 - Quality Assurance Plan: Detailed quality control procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Healthcare Construction
Educational Facilities
Retail Construction
Hospitality Construction
Public Works
Energy Infrastructure
Transportation Infrastructure
Mixed-use Development
Relevant Teams
Legal
Operations
Construction
Commercial
Procurement
Finance
Risk Management
Quality Control
Health and Safety
Project Management
Contract Administration
Technical Services
Development
Relevant Roles
Construction Project Manager
Contract Manager
Legal Counsel
Chief Operating Officer
Construction Director
Technical Director
Procurement Manager
Site Manager
Commercial Manager
Risk Manager
Quantity Surveyor
Chief Financial Officer
Operations Director
Development Manager
Construction Supervisor
Quality Control Manager
Health and Safety Manager
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