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Stipulated Price Contract for Austria

Stipulated Price Contract Template for Austria

This document is a Stipulated Price Contract governed by Austrian law, designed for projects where a fixed price is agreed upon before work commencement. It incorporates requirements from the Austrian Civil Code (ABGB) and relevant construction regulations, providing a comprehensive framework for managing fixed-price construction projects. The contract details the scope of work, payment terms, completion timelines, and risk allocation between parties, while ensuring compliance with Austrian legal requirements and industry standards. It includes specific provisions for variations, quality control, and dispute resolution mechanisms tailored to the Austrian legal context.

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What is a Stipulated Price Contract?

The Stipulated Price Contract is a crucial document for construction and development projects in Austria where parties agree to a fixed price for the entire scope of work. This contract type is particularly suitable when the project scope is well-defined and unlikely to change significantly during execution. The document incorporates requirements from the Austrian Civil Code (ABGB), the Austrian Commercial Code (UGB), and relevant construction regulations including ÖNORM B 2110. It provides comprehensive coverage of project elements including pricing, timeline, quality standards, and risk allocation, while ensuring compliance with Austrian legal requirements. The contract is structured to protect both parties' interests while providing clear mechanisms for handling variations, disputes, and project completion under Austrian jurisdiction.

What sections should be included in a Stipulated Price Contract?

1. Parties: Identification and details of the contracting parties, including their legal status and authority to contract

2. Background: Context of the agreement and brief description of the project

3. Definitions: Defined terms used throughout the contract

4. Scope of Work: Detailed description of the works to be performed under the contract

5. Contract Price: Fixed price amount, payment schedule, and terms of payment

6. Time for Completion: Project timeline, key milestones, and completion dates

7. Contractor Obligations: Specific responsibilities and obligations of the contractor

8. Principal Obligations: Specific responsibilities and obligations of the principal

9. Quality and Standards: Required quality standards, inspections, and acceptance criteria

10. Variations: Process for handling changes to scope or specifications

11. Risk Allocation: Distribution of risks between parties

12. Insurance and Securities: Required insurance coverage and performance securities

13. Default and Termination: Circumstances and procedures for contract termination

14. Dispute Resolution: Procedures for resolving disputes

15. General Provisions: Standard legal provisions including notices, governing law, and interpretation

What sections are optional to include in a Stipulated Price Contract?

1. Site Access and Conditions: Used when the project involves specific site requirements or restrictions

2. Materials and Equipment: Include when specific requirements for materials or equipment need to be detailed

3. Subcontracting: Required when subcontracting is permitted and needs regulation

4. Intellectual Property: Include when the project involves creation or use of intellectual property

5. Environmental Requirements: Used when specific environmental obligations need to be addressed

6. Force Majeure: Include when specific force majeure events need to be addressed beyond standard provisions

7. Warranties: Used when specific warranty periods or conditions need to be detailed

8. Health and Safety: Include when specific health and safety requirements need to be detailed

What schedules should be included in a Stipulated Price Contract?

1. Schedule 1 - Scope of Works: Detailed technical specifications and drawings

2. Schedule 2 - Price Breakdown: Detailed breakdown of the stipulated price

3. Schedule 3 - Program of Works: Detailed project timeline and milestones

4. Schedule 4 - Quality Management Plan: Specific quality control procedures and requirements

5. Schedule 5 - Key Personnel: List of key personnel and their roles

6. Schedule 6 - Forms and Procedures: Standard forms for variations, claims, and other procedures

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and certificates

8. Appendix A - Site Information: Site details, access requirements, and conditions

9. Appendix B - Technical Standards: Applicable technical standards and specifications

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

Agreement Contract

Cost

Free to use
Relevant legal definitions



















































Clauses






































Relevant Industries

Construction

Real Estate Development

Infrastructure

Manufacturing

Energy

Commercial Property

Industrial Development

Residential Development

Public Works

Transportation

Relevant Teams

Legal

Procurement

Commercial

Operations

Finance

Project Management

Risk Management

Construction Management

Contract Administration

Technical Services

Compliance

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Commercial Director

Procurement Manager

Cost Controller

Quantity Surveyor

Site Manager

Technical Director

Risk Manager

Chief Financial Officer

Operations Director

Development Manager

Compliance 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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