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Construction Payment Contract
"I need a Construction Payment Contract for a residential development project in New South Wales, with monthly progress payments and 5% retention, between ABC Developments Pty Ltd as principal and XYZ Builders Pty Ltd as contractor, with work commencing March 2025."
1. Parties: Identification and details of the contracting parties (payer and payee)
2. Background: Context of the agreement and relationship between parties
3. Definitions and Interpretation: Key terms used throughout the contract and rules for interpretation
4. Contract Sum: Total amount payable under the contract and any adjustments
5. Payment Terms: Details of payment schedule, timing, and methods of payment
6. Progress Payment Procedures: Process for submitting and assessing progress payment claims
7. Payment Certificates: Requirements and procedures for payment certificates
8. Due Date for Payment: Specified timeframes for payments and consequences of late payment
9. Disputed Payments: Process for handling disputed payments and resolution procedures
10. Security of Payment: Provisions ensuring compliance with relevant Security of Payment legislation
11. Set-off and Backcharges: Rights and procedures for set-off and backcharges
12. Default and Termination: Consequences of payment default and termination rights
13. Governing Law: Applicable law and jurisdiction
14. Notices: Requirements for formal communications between parties
1. Bank Guarantee: Required for larger projects where payment security is needed
2. Performance Security: Include when additional security for payment obligations is required
3. Interest on Late Payments: Optional section detailing interest calculations on overdue payments
4. Payment Withholding: Include when specific circumstances for withholding payments need to be detailed
5. Acceleration of Payments: Include when early payment options or incentives are offered
6. International Payments: Required for contracts involving international parties
7. Trust Account Arrangements: Include when project value or risk profile requires trust account
8. Subcontractor Payments: Include when main contractor must report on subcontractor payments
9. Alternative Payment Arrangements: Include when allowing for alternative payment methods or schedules
1. Schedule 1 - Payment Schedule: Detailed breakdown of payment amounts and timing
2. Schedule 2 - Progress Claim Forms: Standard forms for submitting progress claims
3. Schedule 3 - Rate Schedule: Agreed rates for various works or services
4. Schedule 4 - Supporting Documentation Requirements: List of required documents for payment claims
5. Schedule 5 - Contact Details: Key contact persons for payment matters
6. Appendix A - Payment Claim Checklist: Checklist for ensuring compliant payment claims
7. Appendix B - Sample Calculations: Examples of payment calculations including variations
8. Appendix C - Bank Account Details: Banking information for payments
9. Appendix D - Security of Payment Legislation Guide: Summary of relevant legislative requirements
Authors
Business Day
Certificate of Payment
Claim Date
Contract Sum
Date for Payment
Date of Practical Completion
Defects Liability Period
Due Date for Payment
Early Payment Discount
Excluded Amount
Final Payment Claim
GST
Interest Rate
Payment Claim
Payment Schedule
Payment Terms
Progress Payment
Project
Reference Date
Retention Amount
Retention Sum
Schedule of Rates
Security
Security of Payment Act
Security of Payment Legislation
Set-off
Site
Superintendent
Supporting Documentation
Tax Invoice
Variation
Works
Principal
Contractor
Subcontractor
Contract Documents
Progress Claim
Payment Certificate
Practical Completion
Bank Guarantee
Completion Date
Construction Work
Default Interest Rate
Extension of Time
Force Majeure Event
Notice of Dispute
Payment Dispute
Retention Release Date
Work under the Contract
Progress Payments
Payment Claims
Payment Schedules
Security of Payment
Default and Interest
Set-off Rights
Retention
Bank Guarantees
Performance Security
Dispute Resolution
Variations
GST and Taxation
Certification
Time for Payment
Payment Withholding
Documentation Requirements
Notice Requirements
Interest on Late Payments
Suspension of Work
Termination Rights
Final Payment
Release of Security
Trust Accounts
Subcontractor Payments
Payment Records
Currency and Exchange
Electronic Payment
Force Majeure
Governing Law
Confidentiality
Assignment
Severability
Entire Agreement
Counterparts
Construction
Building and Infrastructure
Property Development
Civil Engineering
Commercial Real Estate
Residential Development
Industrial Construction
Mining Construction
Public Infrastructure
Architectural Services
Engineering Services
Legal
Finance
Commercial
Operations
Project Management
Contract Administration
Risk and Compliance
Procurement
Accounts Payable
Construction Management
Contract Administrator
Project Manager
Commercial Manager
Construction Manager
Quantity Surveyor
Financial Controller
Chief Financial Officer
Construction Lawyer
Claims Manager
Procurement Manager
Site Manager
Contract Manager
Finance Director
Legal Counsel
Risk Manager
Accounts Payable Manager
Project Director
Operations Manager
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