The General Contractor Agreement With Owner (Generalunternehmervertrag) is a fundamental document in Austrian construction law, used when a property owner wishes to engage a single contractor responsible for the complete execution of a construction project. This agreement is particularly suitable for medium to large-scale construction projects where the owner prefers to have a single point of responsibility rather than managing multiple contractors. The document incorporates requirements from the Austrian Civil Code (ABGB), Commercial Code (UGB), and relevant ÖNORM standards, while addressing specific aspects such as work scope, pricing, timelines, quality standards, and risk allocation. It's designed to protect both parties' interests while ensuring compliance with Austrian construction regulations and industry standards, making it essential for any significant construction project in Austria.
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1. Parties: Identification and details of the Owner (Bauherr) and General Contractor (Generalunternehmer)
2. Background: Context of the agreement and brief description of the construction project
3. Definitions: Key terms used throughout the agreement, including technical construction terminology
4. Scope of Works: Detailed description of the construction works to be performed, including main contractor's obligations
5. Project Timeline: Construction schedule, milestone dates, and completion deadlines
6. Contract Price and Payment Terms: Total contract value, payment schedule, and invoicing requirements
7. Contractor's Obligations: Detailed responsibilities including quality standards, supervision, and coordination of subcontractors
8. Owner's Obligations: Owner's responsibilities including site access, permits, and approvals
9. Quality and Standards: Required quality levels, applicable ÖNORM standards, and inspection procedures
10. Variations and Changes: Process for handling changes to scope, pricing, or timeline
11. Warranties and Defects Liability: Warranty periods, defect remediation process, and guarantees
12. Insurance and Liability: Required insurance coverage and allocation of risks
13. Health and Safety: Safety requirements and responsibilities on site
14. Termination: Grounds and process for contract termination by either party
15. Force Majeure: Provisions for unexpected events and their impact on obligations
16. Dispute Resolution: Process for resolving disputes, including jurisdiction and applicable law
17. General Provisions: Standard legal clauses including notices, assignment, and entire agreement
1. Environmental Protection: Required for projects with specific environmental impact considerations
2. Governmental Approvals: Detailed section needed when complex permitting processes are involved
3. Financing Arrangements: Required when specific project financing conditions need to be addressed
4. Performance Bonds: Include when performance bonds or guarantees are required
5. Archaeological Findings: Necessary for construction in historically significant areas
6. Sustainable Construction Requirements: Include for projects with specific sustainability certifications
7. Building Information Modeling (BIM): Required when BIM is used in the project
8. Liquidated Damages: Include when specific penalty clauses for delays are agreed
1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings
2. Schedule 2 - Project Timeline: Detailed construction schedule with milestones
3. Schedule 3 - Price Breakdown: Detailed cost breakdown and bill of quantities
4. Schedule 4 - Payment Schedule: Detailed payment terms and milestone payments
5. Schedule 5 - Technical Standards: Applicable ÖNORM and other technical standards
6. Schedule 6 - Site Plan and Access: Site layout, access points, and logistics plans
7. Schedule 7 - Required Insurance: Detailed insurance requirements and coverage levels
8. Schedule 8 - Key Personnel: List of key personnel from both parties
9. Schedule 9 - Permits and Approvals: List of required permits and responsible parties
10. Schedule 10 - Quality Assurance Plan: Detailed quality control procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Commercial Property
Industrial Manufacturing
Retail
Healthcare
Education
Hospitality
Logistics
Data Centers
Renewable Energy
Public Infrastructure
Residential Development
Relevant Teams
Legal
Construction
Project Management
Commercial
Procurement
Risk Management
Finance
Technical Services
Quality Assurance
Health and Safety
Business Development
Operations
Compliance
Property Management
Relevant Roles
Project Director
Construction Manager
Contract Manager
Legal Counsel
Project Manager
Chief Executive Officer
Chief Financial Officer
Technical Director
Commercial Director
Risk Manager
Procurement Manager
Site Manager
Quality Assurance Manager
Health and Safety Manager
Development Director
Facilities Manager
Cost Controller
Architect
Engineering Manager
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