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Contract Between Owner And General Contractor Template for Australia

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Key Requirements PROMPT example:

Contract Between Owner And General Contractor

"I need a Contract Between Owner And General Contractor for a commercial office development in Brisbane, with project completion scheduled for March 2025, incorporating Green Star certification requirements and provisions for solar panel installation."

Document background
The Contract Between Owner And General Contractor is a foundational document in Australian construction projects, designed to establish a clear contractual framework between the property owner and the main contractor responsible for construction works. This agreement is typically used for projects ranging from commercial buildings to residential developments where the owner requires a single point of responsibility for the entire construction process. It incorporates provisions compliant with Australian construction law, including the Security of Payment legislation, Work Health and Safety requirements, and relevant building codes. The document addresses key aspects such as scope definition, payment mechanisms, quality standards, time requirements, and risk allocation, while providing flexibility to accommodate project-specific requirements through schedules and appendices. It is particularly suited for projects where the design is substantially complete and the owner seeks a fixed-price or schedule-of-rates based construction arrangement.
Suggested Sections

1. Parties: Identifies and provides full legal details of the Owner and the General Contractor

2. Background: Outlines the context of the agreement, including the project overview and parties' intentions

3. Definitions: Defines key terms used throughout the contract

4. Scope of Work: Detailed description of the construction work to be performed

5. Contract Sum and Payment Terms: Specifies the total contract price, payment schedule, and payment procedures

6. Time for Completion: Sets out the project timeline, completion date, and provisions for extensions of time

7. Contractor's Obligations: Details the contractor's responsibilities, including quality standards, supervision, and compliance requirements

8. Owner's Obligations: Outlines the owner's responsibilities, including site access, approvals, and information provision

9. Variations: Procedures for handling changes to the scope of work

10. Quality and Defects: Standards for workmanship and processes for identifying and rectifying defects

11. Insurance and Indemnity: Required insurance coverage and indemnification obligations

12. Default and Termination: Grounds and procedures for contract termination and consequences of default

13. Dispute Resolution: Procedures for resolving disputes between parties

14. General Provisions: Standard contract clauses including notices, governing law, and assignment

15. Execution: Formal signing section with execution blocks for all parties

Optional Sections

1. Provisional Sums: Include when there are works that cannot be precisely priced at contract formation

2. Nominated Subcontractors: Include when the owner requires specific subcontractors to be used

3. Environmental Requirements: Include for projects with specific environmental compliance needs

4. Heritage Considerations: Include when working on or near heritage-listed properties

5. Security: Include when bank guarantees or other forms of security are required

6. Acceleration: Include when early completion provisions are needed

7. Liquidated Damages: Include when specific damages for delay are to be pre-agreed

8. Building Management Requirements: Include for works in occupied buildings or complexes

9. WHS Management Plan: Include for large or high-risk projects requiring specific safety management

10. Quality Assurance Requirements: Include when specific quality certification is required

Suggested Schedules

1. Schedule 1 - Contract Particulars: Key project details, contact information, and specific requirements

2. Schedule 2 - Scope of Works: Detailed specifications, drawings, and technical requirements

3. Schedule 3 - Program: Detailed construction program and milestone dates

4. Schedule 4 - Payment Schedule: Breakdown of the contract sum and payment milestones

5. Schedule 5 - Site Requirements: Site-specific conditions and requirements

6. Schedule 6 - Forms: Standard forms for variations, extensions of time, and other notices

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

8. Appendix A - Drawings: Complete set of construction drawings

9. Appendix B - Specifications: Technical specifications and standards

10. Appendix C - Special Conditions: Any special conditions or modifications to standard terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























































Clauses














































Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Healthcare Construction

Educational Facilities

Retail Construction

Hospitality Construction

Mixed-Use Development

Public Works

Relevant Teams

Legal

Operations

Commercial

Construction

Project Management

Risk & Compliance

Procurement

Technical Services

Contract Administration

Business Development

Relevant Roles

Construction Manager

Project Director

Contract Administrator

Commercial Manager

Legal Counsel

Project Manager

Site Supervisor

Quantity Surveyor

Risk Manager

Procurement Manager

Operations Director

Development Manager

Technical Director

Compliance Officer

Cost Controller

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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