The General Contractor Construction Contract is a fundamental agreement used in the Australian construction industry to establish and manage the relationship between project owners/principals and general contractors. This document is essential for projects where a principal engages a general contractor to take overall responsibility for construction delivery, including management of subcontractors and suppliers. It incorporates key requirements under Australian federal and state legislation, including security of payment provisions, work health and safety obligations, and building code compliance. The contract is structured to address all crucial aspects of construction project delivery, from initial mobilization through to practical completion and defects liability period, while providing clear mechanisms for managing variations, extensions of time, and dispute resolution. It's particularly suitable for medium to large-scale construction projects where comprehensive risk allocation and project management provisions are required.
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1. Parties: Identifies and provides full legal details of the principal/owner and the general contractor
2. Background: Sets out the context of the agreement, including project overview and parties' general intentions
3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes interpretation principles
4. Contract Documents: Lists all documents forming part of the contract and their order of precedence
5. Contractor's Obligations: Details the core responsibilities of the contractor, including scope of works, quality standards, and compliance requirements
6. Principal's Obligations: Outlines the owner's responsibilities including site access, approvals, and information provision
7. Time and Progress: Covers project timeline, completion dates, extensions of time, and delay consequences
8. Variations: Procedures for requesting, pricing, and executing changes to the scope of work
9. Payment: Details payment terms, progress claims, retention monies, and final payment procedures
10. Defects and Warranties: Addresses defects liability period, warranty obligations, and rectification procedures
11. Insurance and Security: Specifies required insurances, bank guarantees, and other security arrangements
12. Work Health and Safety: Sets out WHS obligations, responsibilities, and compliance requirements
13. Suspension and Termination: Grounds and procedures for suspending or terminating the contract
14. Dispute Resolution: Establishes process for resolving disputes, including mediation and arbitration procedures
15. General Provisions: Includes standard contractual provisions like notices, governing law, and assignment
1. Provisional Sums: Include when work elements cannot be fully scoped or priced at contract formation
2. Nominated Subcontractors: Include when principal wishes to nominate specific subcontractors for certain work packages
3. Environmental Management: Include for projects with significant environmental considerations or requirements
4. Indigenous Participation: Include when project requires specific Indigenous employment or engagement provisions
5. Building Information Modeling: Include when BIM is to be used in the project delivery
6. Quality Assurance: Include when specific quality management systems or certifications are required
7. Site Conditions: Include when there are special site conditions or contamination issues to address
8. Intellectual Property: Include when design or innovative construction methods are involved
9. Community Engagement: Include for projects requiring specific community consultation or management
1. Schedule 1 - Contract Particulars: Key project details, contact information, and specific contract variables
2. Schedule 2 - Scope of Works: Detailed description of all works to be performed under the contract
3. Schedule 3 - Program: Project timeline, milestones, and completion dates
4. Schedule 4 - Payment Schedule: Payment breakdown, rates, and pricing details
5. Schedule 5 - Site Details: Site information, access points, and any special conditions
6. Schedule 6 - Forms: Standard forms for variations, progress claims, and certificates
7. Schedule 7 - Technical Specifications: Detailed technical requirements and standards
8. Schedule 8 - Drawings: List and copies of all relevant construction drawings
9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
10. Schedule 10 - Environmental Requirements: Environmental management and compliance requirements
11. Appendix A - Special Conditions: Any special or project-specific conditions that modify standard terms
12. Appendix B - Quality Management Plan: Detailed quality assurance and control procedures
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Development
Industrial Construction
Infrastructure Development
Healthcare Construction
Education Construction
Government Construction
Retail Development
Hospitality Construction
Mining Infrastructure
Transport Infrastructure
Energy and Utilities
Relevant Teams
Legal
Construction
Commercial
Operations
Project Management
Risk and Compliance
Procurement
Property Development
Contract Administration
Technical Services
Business Development
Relevant Roles
Construction Manager
Project Director
Contract Administrator
Commercial Manager
Legal Counsel
Project Manager
Site Manager
Quantity Surveyor
Construction Director
Procurement Manager
Risk Manager
Operations Manager
Development Manager
General Counsel
Chief Operating Officer
Property Director
Technical Director
Compliance Manager
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