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Construction Payment Agreement
"I need a Construction Payment Agreement for a commercial building project in Brisbane, with monthly progress payments starting March 2025, including specific provisions for retention money and bank guarantees."
1. Parties: Identification of all parties to the agreement, including full legal names, ACN/ABN, and addresses
2. Background: Context of the agreement, reference to the main construction contract, and purpose of this payment agreement
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules for interpretation
4. Payment Terms: Core payment obligations, including contract sum, payment schedule, and milestone payments
5. Payment Claims: Process and requirements for submitting payment claims, including timing and documentation requirements
6. Payment Schedules: Requirements for responding to payment claims, assessment process, and timeframes
7. Method of Payment: Accepted payment methods, bank account details, and payment processing procedures
8. Security for Payment: Requirements for bank guarantees, retention monies, or other security arrangements
9. Disputed Payments: Process for handling payment disputes, including reference to Security of Payment legislation
10. GST and Taxation: Treatment of GST and other applicable taxes
11. Default and Consequences: Events of default and remedies related to payment obligations
12. General Provisions: Standard contract clauses including notices, governing law, and variation procedures
1. Early Payment Discounts: Terms for early payment incentives, applicable when parties agree to encourage prompt payment
2. Third-Party Payments: Procedures for handling payments to nominated subcontractors or suppliers, if relevant
3. International Payments: Additional provisions for international payment arrangements, required for overseas parties
4. Payment Auditing: Requirements for payment auditing and verification, useful for large or complex projects
5. Performance-Based Payments: Linking payments to performance metrics, applicable for projects with specific performance requirements
6. Set-off Rights: Provisions for set-off against other amounts owing between parties, if agreed
7. Financial Reporting: Requirements for financial reporting and transparency, relevant for large projects or public sector work
1. Schedule 1 - Payment Schedule: Detailed breakdown of payment amounts, milestones, and timing
2. Schedule 2 - Payment Claim Form: Template form for submitting payment claims with required information
3. Schedule 3 - Security Details: Specifics of security arrangements, including bank guarantee requirements
4. Schedule 4 - Key Personnel: List of authorized persons for payment approval and administration
5. Schedule 5 - Rate Schedule: Agreed rates for variations or additional work
6. Appendix A - Supporting Documents: List of required supporting documentation for payment claims
7. Appendix B - Payment Flowchart: Visual representation of the payment claim and assessment process
Authors
Adjudication
Approved Payment Claim
Authorised Representative
Bank Guarantee
Business Day
Claim Assessment Period
Contract Sum
Date for Payment
Default Event
Due Date
Excluded Amount
Final Payment Claim
GST
Head Contract
Interest Rate
Main Construction Contract
Material Payment Breach
Milestone Payment
Notice of Dispute
Payment Claim
Payment Schedule
Payment Terms
Principal
Progress Payment
Project
Reference Date
Retention Amount
Retention Money
Security
Security of Payment Legislation
Scheduled Amount
Supporting Documentation
Variation
Works
Progress Certificate
Payment Certificate
Practical Completion
Defects Liability Period
Outstanding Amount
Payment Dispute
Prescribed Rate
Project Bank Account
Reference Amount
Site
Subcontractor
Payment Terms
Payment Claims
Payment Schedules
Security
Retention
Bank Guarantees
GST
Set-off
Default and Termination
Dispute Resolution
Force Majeure
Confidentiality
Notices
Assignment
Variation
Governing Law
Severability
Entire Agreement
Interest on Late Payments
Performance Obligations
Documentation Requirements
Audit Rights
Time for Payment
Suspension of Work
Representation and Warranties
Indemnity
Insurance
Subcontractor Payments
Project Bank Accounts
Construction
Property Development
Infrastructure
Commercial Real Estate
Residential Development
Mining Construction
Industrial Construction
Public Infrastructure
Healthcare Construction
Educational Facilities
Retail Construction
Transport Infrastructure
Legal
Finance
Commercial
Operations
Project Management
Construction
Contracts Administration
Procurement
Accounts Payable
Risk Management
Compliance
Development
Construction Manager
Project Manager
Contract Administrator
Commercial Manager
Financial Controller
Quantity Surveyor
Construction Director
Chief Financial Officer
Legal Counsel
Claims Manager
Procurement Manager
Development Manager
Project Director
Construction Lawyer
Accounts Payable Manager
Site Manager
Operations Manager
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