The Construction Work Order Agreement is a vital document used in the Australian construction industry to formalize construction projects between principals/clients and contractors. This agreement is particularly relevant when specific construction works need to be commissioned under clear, legally-binding terms. It incorporates essential elements required by Australian construction law, including security of payment provisions, work health and safety requirements, and building code compliance. The document serves as both a legal framework and practical guide for project execution, detailing scope, timelines, payment terms, and responsibilities. It's designed to protect all parties' interests while ensuring project delivery aligns with Australian construction standards and regulations.
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1. Parties: Identification of the Principal/Client and the Contractor, including ABN/ACN and registered addresses
2. Background: Context of the agreement, including project overview and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Works: Detailed description of the construction works to be performed
5. Contract Sum and Payment Terms: Agreed price, payment schedule, and claiming procedures in accordance with Security of Payment legislation
6. Time for Completion: Project timeline, completion dates, and milestone requirements
7. Contractor Obligations: Key responsibilities including quality standards, compliance with laws, and work methods
8. Principal Obligations: Client responsibilities including site access, approvals, and information provision
9. Work Health and Safety: Safety requirements and responsibilities in accordance with WHS legislation
10. Insurance and Indemnity: Required insurance coverage and indemnification obligations
11. Variations: Process for requesting, approving, and valuing variations to the scope
12. Defects and Warranties: Defect liability period, warranty terms, and rectification processes
13. Termination: Grounds and processes for termination by either party
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Environmental Management: Required for projects with significant environmental impacts or requirements
2. Indigenous Heritage Protection: Required for projects in areas with indigenous cultural significance
3. Community Engagement: For projects requiring community consultation or public relations management
4. Design Obligations: Required when contractor has design responsibilities
5. Provisional Sums: Include when certain work costs cannot be accurately determined at contract formation
6. Performance Security: Required for high-value projects or where risk profile demands additional security
7. Intellectual Property: Required when design or innovative construction methods are involved
8. Site Conditions: Detailed site-specific requirements and constraints
1. Schedule 1 - Contract Particulars: Key project details, contact persons, and specific contract requirements
2. Schedule 2 - Scope of Works: Detailed specifications, drawings, and technical requirements
3. Schedule 3 - Program: Detailed project timeline, milestones, and completion dates
4. Schedule 4 - Payment Schedule: Breakdown of contract sum, progress payment details, and payment milestones
5. Schedule 5 - Site Requirements: Site-specific conditions, access requirements, and restrictions
6. Schedule 6 - Quality Management Requirements: Quality standards, testing requirements, and acceptance criteria
7. Schedule 7 - WHS Requirements: Specific safety requirements, procedures, and documentation
8. Schedule 8 - Forms and Procedures: Standard forms for variations, claims, and other project procedures
9. Appendix A - Drawings: Complete set of construction drawings and specifications
10. Appendix B - Certificates and Insurances: Copies of required certificates, permits, and insurance policies
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Mining Construction
Civil Engineering
Property Development
Building Renovation
Government Construction
Educational Facilities
Relevant Teams
Legal
Operations
Construction
Commercial
Procurement
Risk Management
Project Management
Contract Administration
Finance
Compliance
Relevant Roles
Construction Manager
Project Director
Contract Administrator
Legal Counsel
Quantity Surveyor
Site Manager
Procurement Manager
Commercial Manager
Risk Manager
Operations Director
Chief Executive Officer
Building Services Manager
Development Manager
Compliance Officer
Construction Lawyer
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