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Construction Deposit Agreement
"I need a Construction Deposit Agreement for a residential building project in New South Wales, with a 5% deposit to be held in a trust account, including provisions for staged release of the deposit aligned with construction milestones starting March 2025."
1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and ACN/ABN for companies
2. Background: Context of the agreement, including brief description of the construction project and purpose of the deposit
3. Definitions: Definitions of key terms used throughout the agreement
4. Deposit Amount and Payment: Specification of the deposit amount, payment method, and timing
5. Purpose and Handling of Deposit: Details of how the deposit will be held, whether in a trust account, and conditions for its use
6. Construction Project Details: Basic description of the construction work to be performed
7. Deposit Protection and Security: Measures in place to protect the deposit and any security arrangements
8. Application of Deposit: Terms governing how and when the deposit will be applied to the construction work
9. Refund Conditions: Circumstances under which the deposit may be refunded
10. Default and Termination: Consequences of default by either party and termination provisions
11. Dispute Resolution: Process for resolving disputes related to the deposit or agreement
12. Governing Law: Specification of applicable law and jurisdiction
13. Execution: Signature blocks and execution requirements
1. Progress Payment Schedule: Include when deposit is to be applied against future progress payments
2. Insurance Requirements: Include when specific insurance arrangements are required for deposit protection
3. Interest on Deposit: Include when deposit will earn interest and specify interest arrangements
4. Third-Party Rights: Include when other parties (such as financiers) have rights related to the deposit
5. Special Conditions: Include when project-specific conditions affect deposit handling
6. Force Majeure: Include when specific events might affect deposit handling or project commencement
7. Assignment and Novation: Include when rights under the agreement may need to be transferred
1. Schedule 1 - Project Specifications: Detailed description of the construction project scope and specifications
2. Schedule 2 - Payment Schedule: Detailed breakdown of deposit amount, timing, and application to future payments
3. Schedule 3 - Bank Account Details: Details of trust account or other account where deposit will be held
4. Schedule 4 - Construction Timeline: Expected project milestones and timing affecting deposit application
5. Schedule 5 - Required Insurances: List of required insurance policies and coverage amounts
6. Appendix A - Relevant Certificates: Copies of builder's licenses, insurance certificates, and other relevant documentation
7. Appendix B - Contract Documents: Related contract documents referenced in the deposit agreement
Authors
Residential Construction
Commercial Construction
Industrial Construction
Infrastructure Development
Property Development
Building and Construction
Real Estate
Construction Management
Project Development
Legal
Construction
Commercial
Finance
Operations
Compliance
Risk Management
Project Management
Contract Administration
Development
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Commercial Manager
Building Contractor
Development Manager
Quantity Surveyor
Construction Lawyer
Finance Manager
Property Developer
Site Manager
Operations Manager
Risk Manager
Compliance Officer
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