The Standard Form of Agreement Between Contractor and Subcontractor is a crucial document in Australian construction projects that formalizes the relationship between main contractors and their subcontractors. It is typically used when a main contractor needs to engage specialized trades or services to complete specific portions of a larger construction project. The agreement ensures compliance with Australian construction laws, including state-specific security of payment legislation, work health and safety regulations, and insurance requirements. It provides a structured framework for managing the subcontract works, including detailed provisions for payment, variations, quality control, and dispute resolution. This document type is particularly important as it helps manage risk allocation between parties and ensures clear communication of project requirements and obligations.
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1. Parties: Identifies and provides full details of the Contractor and Subcontractor
2. Background: Describes the context of the head contract and subcontract arrangement
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement
4. Scope of Works: Detailed description of the subcontract works to be performed
5. Contract Sum and Payment: Specifies the contract price, payment terms, and claim procedures
6. Time and Progress: Sets out program requirements, completion dates, and delay provisions
7. Variations: Procedures for changes to the scope of works and price adjustments
8. Quality and Defects: Quality requirements, inspection procedures, and defects rectification
9. Work Health and Safety: WHS obligations and compliance requirements
10. Insurance and Indemnity: Required insurances and indemnity provisions
11. Default and Termination: Events of default, remedies, and termination procedures
12. Dispute Resolution: Process for resolving disputes between parties
13. General Provisions: Standard contract clauses including notices, governing law, etc
1. Security: Required when bank guarantees or retention monies are part of the agreement
2. Environmental Requirements: For projects with specific environmental compliance needs
3. Indigenous Participation: For projects with indigenous participation requirements
4. Intellectual Property: When design or innovative construction methods are involved
5. Building Code Requirements: For projects subject to the Building Code
6. Site Conditions: When specific site access or condition issues need addressing
7. Materials and Plant: When specific requirements exist for materials supply or plant provision
8. Quality Assurance: When specific quality systems or certifications are required
1. Schedule 1 - Contract Particulars: Key project details, contacts, dates, and amounts
2. Schedule 2 - Scope of Works: Detailed specification of works including drawings and technical requirements
3. Schedule 3 - Program: Detailed construction program and milestone dates
4. Schedule 4 - Payment Schedule: Breakdown of contract sum, rates, and payment milestones
5. Schedule 5 - Site Requirements: Site-specific requirements and procedures
6. Schedule 6 - Forms: Standard forms for variations, claims, and notices
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage
8. Schedule 8 - WHS Requirements: Detailed safety requirements and procedures
9. Appendix A - Head Contract Provisions: Relevant provisions from the head contract that flow down
10. Appendix B - Drawings: Complete set of construction drawings
11. Appendix C - Technical Specifications: Detailed technical specifications for the works
Relevant legal definitions
Clauses
Relevant Industries
Commercial Construction
Residential Construction
Infrastructure
Mining
Industrial Construction
Civil Works
Healthcare Construction
Education Construction
Retail Construction
Transport Infrastructure
Energy and Resources
Government Projects
Relevant Teams
Legal
Commercial
Operations
Procurement
Project Management
Construction
Contracts Administration
Risk Management
Finance
Quality Assurance
Relevant Roles
Project Manager
Contract Administrator
Commercial Manager
Construction Manager
Site Supervisor
Quantity Surveyor
Procurement Manager
Legal Counsel
Risk Manager
Operations Manager
Estimator
Project Director
Construction Director
Subcontract Manager
Claims Manager
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