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Standard Form Of Building Contract Template for Australia

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Key Requirements PROMPT example:

Standard Form Of Building Contract

"I need a Standard Form Building Contract for a commercial office development project in Brisbane, with a contract value of AUD 15 million and construction period from March 2025 to December 2025, including specific provisions for sustainable building practices and Green Star certification requirements."

Document background
The Standard Form Of Building Contract serves as a foundational document for construction projects in Australia, providing a standardized framework for managing construction relationships and obligations. It is designed for use in various construction projects, from commercial buildings to infrastructure developments, and incorporates all necessary elements required by Australian construction law and industry standards. The document includes comprehensive provisions for project management, risk allocation, payment mechanisms, and dispute resolution, while maintaining flexibility to accommodate project-specific requirements through schedules and special conditions. This contract type is particularly valuable for ensuring consistency in project delivery and compliance with regulatory requirements, including the Building and Construction Industry Security of Payment Act, Work Health and Safety regulations, and state-specific building legislation.
Suggested Sections

1. Parties: Identifies and provides full details of the Principal/Owner and the Contractor

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes rules for contract interpretation

4. Contract Documents: Lists all documents forming part of the contract and their order of precedence

5. Principal's Obligations: Details the responsibilities and obligations of the Principal/Owner

6. Contractor's Obligations: Specifies the Contractor's duties, responsibilities and standard of work required

7. Contract Administrator: Defines the role, powers and responsibilities of the Contract Administrator

8. Time and Progress: Covers commencement, completion dates, extensions of time and delay provisions

9. Variations: Procedures for varying the work and determining cost adjustments

10. Payment Provisions: Details payment terms, progress payments, retention and final payment

11. Quality and Defects: Specifies quality standards, inspection requirements and defects liability period

12. Insurance and Indemnities: Sets out required insurances and indemnification obligations

13. Default and Termination: Describes events of default and termination procedures

14. Dispute Resolution: Establishes procedures for resolving disputes between parties

15. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and assignment

Optional Sections

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

2. Prime Cost Items: Include when specific items are to be selected after contract formation

3. Acceleration: Include for complex projects where acceleration of works might be required

4. Subcontracting: Include detailed provisions when significant subcontracting is anticipated

5. Security of Payment: Include specific provisions when additional payment security mechanisms are required

6. Site Conditions: Include detailed provisions for projects with challenging or uncertain site conditions

7. Environmental Management: Include for projects with significant environmental considerations

8. Aboriginal Heritage: Include for projects potentially affecting Aboriginal cultural heritage

9. Building Information Modeling: Include when BIM is to be used in the project

10. Workplace Health and Safety: Include detailed provisions for high-risk construction work

Suggested Schedules

1. Schedule 1 - Contract Particulars: Key project details including contract sum, dates, and party details

2. Schedule 2 - Special Conditions: Project-specific amendments to standard conditions

3. Schedule 3 - Scope of Works: Detailed description of works to be performed

4. Schedule 4 - Technical Specifications: Detailed technical requirements and standards

5. Schedule 5 - Drawings: List and copies of all relevant drawings

6. Schedule 6 - Program: Construction program and milestone dates

7. Schedule 7 - Price and Payment Schedule: Breakdown of contract sum and payment milestones

8. Schedule 8 - Forms of Security: Forms for bank guarantees or other security

9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and certificates

10. Appendix A - Site Information: Site conditions, access requirements and restrictions

11. Appendix B - Quality Management Plan: Quality assurance and control procedures

12. Appendix C - Safety Management Plan: Safety procedures and requirements

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

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Public Works

Mining Infrastructure

Healthcare Facilities

Educational Facilities

Retail Development

Hospitality Development

Relevant Teams

Legal

Construction

Commercial

Procurement

Operations

Project Management

Risk and Compliance

Finance

Technical Services

Business Development

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Commercial Manager

Legal Counsel

Quantity Surveyor

Site Manager

Procurement Manager

Risk Manager

Operations Director

Development Manager

Chief Executive Officer

Financial Controller

Compliance Officer

Technical Director

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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