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Contract For Work To Be Done for Austria

Contract For Work To Be Done Template for Austria

A Contract for Work To Be Done (Werkvertrag) under Austrian law is a legally binding agreement where one party (the contractor) commits to produce a specific work or achieve a particular result for another party (the client) in exchange for agreed compensation. This contract type is governed by the Austrian Civil Code (ABGB) §§1165-1171 and related legislation. It differs from employment contracts as it focuses on the delivery of a specific result rather than ongoing service provision. The document outlines the scope of work, acceptance criteria, warranties, payment terms, and completion requirements while incorporating specific Austrian legal requirements and protections.

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What is a Contract For Work To Be Done?

The Contract for Work To Be Done (Werkvertrag) is a fundamental contract type in Austrian business practice, essential for project-based work and specific deliverables. It should be used when a party is commissioned to produce a defined result or work product, rather than providing ongoing services. This contract type is particularly important as it establishes clear boundaries between project-based work and employment relationships, which is crucial for compliance with Austrian labor and social security laws. The document typically includes detailed specifications of the work to be performed, quality standards, acceptance procedures, and warranty provisions. It is governed by Austrian law, specifically the ABGB (Austrian Civil Code), and may need to incorporate additional requirements from consumer protection laws if one party is a consumer, or commercial code provisions if both parties are businesses.

What sections should be included in a Contract For Work To Be Done?

1. Parties: Identification and details of the contractor (Werkunternehmer) and client (Werkbesteller)

2. Background: Context of the agreement and general purpose of the work to be performed

3. Definitions: Key terms used throughout the contract

4. Scope of Work: Detailed description of the work to be performed, including specifications and quality standards

5. Time for Performance: Timeline, milestones, and completion date for the work

6. Remuneration and Payment Terms: Price, payment schedule, invoicing requirements, and VAT provisions

7. Acceptance of Work: Criteria and procedure for work acceptance, including inspection rights and handling of defects

8. Warranties: Statutory and additional warranties regarding the quality and performance of the work

9. Liability and Insurance: Extent of liability, limitations, and required insurance coverage

10. Termination: Grounds and procedures for contract termination, including notice requirements

11. Governing Law and Jurisdiction: Confirmation of Austrian law application and competent courts

What sections are optional to include in a Contract For Work To Be Done?

1. Materials and Equipment: Used when specific materials or equipment are to be provided by either party

2. Intellectual Property Rights: Required when the work involves creation of intellectual property

3. Confidentiality: Needed when sensitive information will be shared during the project

4. Force Majeure: Optional clause defining circumstances beyond parties' control affecting performance

5. Subcontracting: Include when subcontracting needs to be addressed explicitly

6. Site Access and Safety: Required for work performed at client's premises

7. Changes and Variations: Procedure for handling changes to the scope of work

8. Quality Assurance: Specific quality control procedures and standards

9. Training and Documentation: Required when the work includes training or documentation deliverables

10. Maintenance and Support: Include for works requiring post-completion maintenance

What schedules should be included in a Contract For Work To Be Done?

1. Technical Specifications: Detailed technical requirements and specifications for the work

2. Price Schedule: Detailed breakdown of prices, rates, and payment milestones

3. Project Timeline: Detailed project schedule with milestones and deadlines

4. Quality Standards: Specific quality standards, certifications, or industry norms to be met

5. Material Specifications: Details of materials to be used in the work

6. Site Plans: Relevant for construction or installation work at specific locations

7. Testing Procedures: Detailed procedures for testing and acceptance of the work

8. Warranty Certificate: Specific warranty terms and conditions

9. Insurance Certificates: Copies of required insurance policies

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Construction

Information Technology

Manufacturing

Engineering

Consulting Services

Architecture

Interior Design

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Relevant Teams

Legal

Procurement

Operations

Project Management

Quality Assurance

Technical Operations

Finance

Risk Management

Compliance

Business Development

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Procurement Manager

Technical Director

Chief Operations Officer

Business Development Manager

Quality Assurance Manager

Construction Manager

Software Development Manager

Freelance Professional

Independent Contractor

Consulting Manager

Operations Director

Chief Financial Officer

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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