The General Contractor Agreement serves as a fundamental legal instrument in Austrian business practice, particularly crucial for projects requiring comprehensive contractor services. This document is essential when engaging a principal contractor to undertake significant works or services, whether in construction, infrastructure development, or other major project implementations. The agreement is structured to comply with Austrian legal requirements, particularly the ABGB (Austrian Civil Code) and UGB (Commercial Code), while incorporating industry-specific standards and best practices. It addresses key aspects such as scope definition, payment terms, quality requirements, liability allocation, and risk management, providing a robust framework for project execution. The document is particularly relevant for complex projects where clear delineation of responsibilities, comprehensive risk allocation, and detailed performance specifications are essential.
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1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the parties' intention to enter into a contractor relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the services/works to be provided by the contractor
5. Term and Timelines: Duration of the agreement and key project milestones
6. Compensation and Payment Terms: Fee structure, payment schedule, invoicing requirements, and payment methods
7. Contractor's Obligations: Key responsibilities and obligations of the contractor, including quality standards and compliance requirements
8. Client's Obligations: Responsibilities of the client, including provision of access, information, and materials
9. Warranties and Representations: Contractor's warranties regarding service quality and legal compliance
10. Insurance and Liability: Insurance requirements and allocation of liability between parties
11. Intellectual Property Rights: Ownership and usage rights of any intellectual property created during the project
12. Confidentiality: Protection of confidential information and trade secrets
13. Termination: Grounds for termination and consequences thereof
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law
15. General Provisions: Standard legal provisions including notices, amendments, and severability
1. Health and Safety Requirements: Specific health and safety obligations when the work involves hazardous or high-risk activities
2. Environmental Compliance: Environmental protection measures and compliance requirements for projects with environmental impact
3. Subcontracting: Terms governing the engagement of subcontractors, if permitted
4. Performance Bonds: Requirements for performance bonds or other financial security, typically for high-value projects
5. Quality Control Procedures: Detailed quality assurance processes for complex technical projects
6. Force Majeure: Provisions for unforeseen circumstances preventing performance
7. Data Protection: GDPR compliance measures when personal data processing is involved
8. Training and Documentation: Requirements for training client personnel or providing documentation, if relevant
9. Warranty Period: Extended warranty provisions beyond statutory requirements
10. Non-Compete and Non-Solicitation: Restrictions on competitive activities, if necessary for business protection
1. Schedule 1 - Scope of Work: Detailed technical specifications and requirements for the services/works
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Project Timeline: Detailed project schedule with milestones and deadlines
4. Schedule 4 - Key Personnel: List of key personnel assigned to the project and their roles
5. Schedule 5 - Technical Standards: Applicable technical standards and quality requirements
6. Schedule 6 - Insurance Requirements: Detailed insurance specifications and coverage requirements
7. Schedule 7 - Form of Payment Application: Template for submission of payment applications
8. Schedule 8 - Change Order Process: Procedures and forms for requesting and approving changes
9. Appendix A - Site Access Protocol: Procedures for accessing work sites and security requirements
10. Appendix B - Health and Safety Plan: Detailed health and safety procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Construction
Infrastructure
Real Estate Development
Industrial Manufacturing
Technology Implementation
Energy and Utilities
Telecommunications
Environmental Services
Facility Management
Engineering Services
Interior Design and Fit-out
Renewable Energy
Transportation
Mining and Resources
Healthcare Infrastructure
Relevant Teams
Legal
Procurement
Operations
Project Management
Commercial
Finance
Risk and Compliance
Technical Services
Quality Assurance
Health and Safety
Environmental
Business Development
Contract Administration
Engineering
Site Operations
Relevant Roles
Project Manager
Construction Manager
Legal Counsel
Procurement Manager
Contract Administrator
Commercial Director
Operations Manager
Technical Director
Risk Manager
Chief Financial Officer
Facility Manager
Site Supervisor
Quality Assurance Manager
Health and Safety Officer
Environmental Compliance Manager
Cost Controller
Project Engineer
Business Development Manager
General Counsel
Chief Operating Officer
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