The General Contractor Contract is a fundamental document in Austrian construction projects, used when a property owner or developer wishes to engage a single contractor responsible for the entire construction project. This contract type, governed by Austrian civil law (ABGB) and construction regulations, is particularly important as it centralizes project responsibility and streamlines communication channels. The document typically includes comprehensive details about construction scope, quality standards, timeline, payment terms, and risk allocation, while incorporating relevant ÖNORM standards and local building regulations. It's especially crucial for medium to large-scale construction projects where multiple subcontractors and complex coordination are involved. The General Contractor Contract serves as the primary reference point for project execution, dispute resolution, and quality assurance throughout the construction process.
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1. Parties: Identification and details of the Client (Bauherr) and General Contractor (Generalunternehmer), including registration numbers and authorized representatives
2. Background: Context of the construction project and the basis for entering into the agreement
3. Definitions: Definitions of key terms used throughout the contract, including technical construction terms and contract-specific terminology
4. Scope of Works: Detailed description of the construction project, including all works to be performed by the General Contractor
5. Project Timeline: Construction schedule, milestone dates, completion date, and provisions for extensions of time
6. Contract Price and Payment Terms: Total contract value, payment schedule, conditions for payment, and invoicing requirements
7. Contractor's Obligations: General Contractor's responsibilities, including quality standards, supervision, and coordination of subcontractors
8. Client's Obligations: Client's responsibilities, including site access, permits, and provision of necessary information
9. Quality and Standards: Required quality standards, applicable ÖNORM standards, and inspection requirements
10. Warranties and Defects Liability: Warranty periods, defect rectification process, and guarantees in accordance with ABGB requirements
11. Insurance and Liability: Required insurance coverage and allocation of risks between parties
12. Health and Safety: Safety requirements, compliance with BauKG, and site safety management
13. Variations and Changes: Process for handling changes to scope, pricing of variations, and approval procedures
14. Termination: Grounds for termination, termination process, and consequences
15. Governing Law and Dispute Resolution: Confirmation of Austrian law governance and dispute resolution procedures
1. Performance Bond: Required for larger projects where financial security is needed - specifies bond requirements and conditions
2. Environmental Requirements: For projects with specific environmental considerations or certifications
3. Subcontractor Provisions: Detailed provisions for managing subcontractors - particularly important for complex projects with multiple specialized trades
4. Intellectual Property Rights: Required when the project involves design elements or innovative construction methods
5. Force Majeure: Specific provisions for unforeseen circumstances - particularly relevant for long-term or high-risk projects
6. Liquidated Damages: Specific penalties for delay or non-performance - typically included in larger commercial projects
7. Building Information Modeling (BIM): Required when BIM is used in the project - specifies BIM protocols and requirements
8. Value Engineering: For projects where cost optimization opportunities may arise during construction
1. Schedule 1: Technical Specifications: Detailed technical requirements, construction methods, and materials specifications
2. Schedule 2: Construction Drawings: Approved construction drawings and plans
3. Schedule 3: Bill of Quantities: Detailed breakdown of quantities and prices for all work items
4. Schedule 4: Project Timeline: Detailed construction schedule with milestones and critical path
5. Schedule 5: Payment Schedule: Detailed payment terms, including milestone payments and retention provisions
6. Schedule 6: Quality Management Plan: Quality control procedures and testing requirements
7. Schedule 7: Site Rules and Regulations: Site-specific rules, working hours, and access procedures
8. Schedule 8: List of Approved Subcontractors: Pre-approved subcontractors and their scope of works
9. Appendix A: Required Permits and Licenses: Copies of all necessary permits, licenses, and authorizations
10. Appendix B: Insurance Certificates: Copies of required insurance policies and certificates
11. Appendix C: Form of Performance Bond: Template and requirements for performance bond if applicable
12. Appendix D: Health and Safety Plan: Detailed health and safety procedures and risk assessments
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Real Estate Development
Public Works
Healthcare Construction
Educational Facilities
Retail Construction
Hospitality Construction
Relevant Teams
Legal
Construction
Commercial
Procurement
Finance
Risk Management
Operations
Technical Services
Project Management
Quality Assurance
Health and Safety
Compliance
Relevant Roles
Construction Project Manager
Contract Manager
Legal Counsel
Chief Operating Officer
Development Director
Construction Director
Procurement Manager
Risk Manager
Commercial Director
Technical Director
Site Manager
Quantity Surveyor
Chief Financial Officer
Cost Controller
Compliance Officer
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