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Construction Settlement Agreement
"I need a Construction Settlement Agreement for a dispute between my company (head contractor) and a property developer regarding payment delays and defective works on a commercial office building in Sydney, with a settlement sum of $2.5M to be paid in installments by March 2025."
1. Parties: Identifies all parties to the agreement, including full legal names and ACN/ABN
2. Background: Outlines the construction project, the nature of disputes, and events leading to settlement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Settlement Sum: Details the agreed settlement amount, payment terms, and timing
5. Release and Discharge: Mutual releases from claims related to the disputed matters
6. Practical Completion: Confirmation of practical completion status and any outstanding items
7. Warranties and Representations: Parties' warranties regarding authority to settle and disclosure
8. Confidentiality: Obligations regarding confidentiality of settlement terms
9. GST: Treatment of GST in relation to settlement payments
10. Costs: Each party's responsibility for legal and other costs
11. General Provisions: Standard boilerplate clauses including governing law, notices, and execution
1. Defects Liability: Include when there are outstanding defects to be remedied post-settlement
2. Bank Guarantee Release: Include when security or bank guarantees need to be released
3. Assignment of Rights: Include when rights under construction contracts need to be assigned
4. Ongoing Obligations: Include when parties have continuing obligations post-settlement
5. Third Party Claims: Include when settlement affects rights against third parties
6. Insurance Claims: Include when insurance claims are part of the settlement
7. Dispute Resolution: Include when specific dispute resolution mechanisms are needed for future disputes
8. Media and Communications: Include when public statements about the settlement need to be managed
1. Schedule 1 - Payment Schedule: Detailed breakdown of settlement payments and timing
2. Schedule 2 - Outstanding Works: List of any incomplete works and completion requirements
3. Schedule 3 - Defects List: Comprehensive list of defects and remediation requirements
4. Schedule 4 - Released Claims: Detailed description of claims being released
5. Schedule 5 - Form of Release: Template for formal release documents
6. Appendix A - Original Contract: Copy of the original construction contract
7. Appendix B - Relevant Correspondence: Key correspondence relating to the dispute
8. Appendix C - Technical Reports: Expert reports or technical assessments relevant to the settlement
Authors
Background Documents
Bank Guarantee
Business Day
Claim
Completion Date
Confidential Information
Construction Contract
Defects
Defects Liability Period
Dispute
Effective Date
Excluded Claims
Final Certificate
GST
Head Contract
Insolvency Event
Insurance Claims
Law
Liability
Loss
Original Contract
Outstanding Works
Payment Claim
Practical Completion
Principal
Project
Project Documents
Released Claims
Released Matters
Representative
Security
Settlement Amount
Settlement Date
Settlement Sum
Site
Subcontract
Sunset Date
Variation
Warranties
Works
Definitions
Payment Terms
Release and Discharge
Warranties and Representations
Practical Completion
Defects Liability
Security Release
Confidentiality
GST
Insurance
Indemnification
Assignment
Further Assurance
Notices
Governing Law
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Variation
Waiver
Time of the Essence
Costs and Stamp Duty
Counterparts
Authority to Execute
Third Party Rights
Media and Communications
Continuing Obligations
Default and Termination
Bank Guarantees
Set-off
Compliance with Laws
Work Health and Safety
Quality Assurance
Site Access
Intellectual Property
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Mining
Industrial Construction
Healthcare Construction
Education Construction
Retail Construction
Hospitality Construction
Government Infrastructure
Transport Infrastructure
Energy and Resources
Legal
Construction
Operations
Commercial
Finance
Risk Management
Compliance
Project Management
Contract Administration
Claims Management
Executive Leadership
Development
Construction Manager
Project Director
Contract Administrator
Legal Counsel
Commercial Manager
Claims Manager
Risk Manager
Chief Financial Officer
Managing Director
Operations Manager
Site Supervisor
Quantity Surveyor
Project Manager
Development Manager
Construction Lawyer
Compliance Officer
Finance Director
General Counsel
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