Construction Consulting Contract Template for Australia

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Key Requirements PROMPT example:

Construction Consulting Contract

"I need a Construction Consulting Contract for a residential development project in New South Wales, Australia, where we'll be engaging a structural engineering consultant for a 12-month term starting March 2025, with specific provisions for BIM modeling and sustainable design requirements."

Document background
The Construction Consulting Contract is a specialized agreement designed for use in the Australian construction industry when engaging professional consultants for construction projects. It is particularly relevant for projects requiring expert advice, technical oversight, or specialized construction management services. The document incorporates key requirements from Australian construction law, professional services regulations, and industry standards, providing a comprehensive framework for consulting engagements. It addresses crucial aspects such as professional obligations, service scope, payment terms, and risk allocation, while ensuring compliance with state-specific building regulations and federal laws. This contract type is essential for establishing clear expectations and legal protections for both consultants and clients in construction projects of various scales.
Suggested Sections

1. Parties: Identifies and provides full details of the contracting parties (Consultant and Client)

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

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Term: Establishes the formal appointment of the consultant and the duration of the agreement

5. Scope of Services: Details the consulting services to be provided, including deliverables and exclusions

6. Consultant's Obligations: Specifies the consultant's duties, responsibilities, and standard of care

7. Client's Obligations: Outlines the client's responsibilities, including provision of information and access

8. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures

9. Variations: Procedures for varying the scope of services or other contract terms

10. Intellectual Property: Addresses ownership and usage rights of project-related intellectual property

11. Confidentiality: Obligations regarding confidential information and its protection

12. Insurance and Liability: Specifies required insurance coverage and liability limitations

13. Termination: Grounds and procedures for contract termination and its consequences

14. Dispute Resolution: Procedures for resolving disputes between parties

15. General Provisions: Standard legal provisions including notices, governing law, and entire agreement

Optional Sections

1. Performance Security: Required when the client needs additional security for consultant's performance

2. Work Health and Safety: Detailed WHS obligations when consultant will be performing on-site services

3. Environmental Requirements: Include when the services involve environmental considerations or compliance

4. Building Code Compliance: Required when services must comply with specific building codes or standards

5. Subcontracting: Include when the consultant may need to engage subcontractors

6. Quality Assurance: Required for projects with specific quality management requirements

7. Force Majeure: Include when specific provisions for unforeseen events are needed

8. Professional Development: Include when ongoing training or certification requirements apply

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of consulting services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3 - Project Program: Timeline, milestones, and delivery dates for the services

4. Schedule 4 - Key Personnel: Details of key team members and their roles/responsibilities

5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage levels required

6. Schedule 6 - Special Conditions: Any project-specific requirements or variations to standard terms

7. Appendix A - Client's Requirements: Detailed technical requirements or specifications provided by the client

8. Appendix B - Required Forms and Templates: Standard forms for variations, claims, or reports

9. Appendix C - Relevant Standards and Codes: List of applicable industry standards and building codes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Energy

Healthcare Construction

Education Construction

Retail Development

Relevant Teams

Legal

Commercial

Construction

Project Management

Engineering

Procurement

Risk and Compliance

Quality Assurance

Technical Services

Contract Administration

Development

Operations

Relevant Roles

Construction Consultant

Project Manager

Construction Manager

Technical Director

Building Engineer

Structural Engineer

Cost Consultant

Quantity Surveyor

Contract Administrator

Commercial Manager

Legal Counsel

Risk Manager

Procurement Manager

Development Manager

Technical Advisor

Construction Coordinator

Compliance Officer

Quality Assurance Manager

Industries
Building and Construction Industry (Security of Payment) Act: Ensures timely payment for construction work and related goods and services, including consulting services in the construction industry
Competition and Consumer Act 2010 (including Australian Consumer Law): Governs business conduct, consumer protections, and fair trading practices applicable to consulting services
Work Health and Safety Act 2011: Sets out obligations for workplace safety, particularly relevant for on-site consulting work in construction projects
Building and Construction Industry (Improving Productivity) Act 2016: Regulates building work and sets standards for conduct in the building and construction industry
Professional Engineers Act (State-specific): Regulates professional engineering services and establishes requirements for professional registration and conduct
Contract Law (Common Law): Governs formation and enforcement of contracts, including principles of offer, acceptance, consideration, and breach
Independent Contractors Act 2006: Protects the rights of independent contractors and governs contractor relationships
Building Code of Australia (National Construction Code): Sets technical standards and requirements for building work that consultants must consider in their advice
Privacy Act 1988: Governs the handling of personal information in business relationships and contracts
Insurance Contracts Act 1984: Regulates insurance requirements, particularly professional indemnity insurance for consultants
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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