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Engineering And Construction Subcontract
"I need an Engineering and Construction Subcontract for a major mechanical installation package on a hospital project in Brisbane, with design responsibilities included and strict completion requirements for March 2025."
1. Parties: Identifies and provides details of the Head Contractor and Subcontractor
2. Background: Describes the context of the head contract, project, and subcontract arrangement
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Scope of Works: Detailed description of the subcontract works to be performed
5. Contract Sum and Payment: Specifies the contract price, payment terms, and statutory payment provisions
6. Time and Progress: Covers commencement, completion dates, extensions of time, and programming requirements
7. Site Access and Conditions: Deals with access to site, site conditions, and coordination with other trades
8. Quality and Defects: Sets quality standards, inspection requirements, and defects liability obligations
9. Variations: Procedures for varying the scope, pricing variations, and timing implications
10. WHS and Environmental Requirements: Safety obligations, environmental compliance, and related procedures
11. Insurance and Indemnities: Required insurances and mutual indemnification provisions
12. Default and Termination: Events of default, termination rights, and consequences
13. Dispute Resolution: Process for resolving disputes including mandatory statutory requirements
14. General Provisions: Standard boilerplate clauses including notices, governing law, etc.
1. Security: Required for larger projects - covers bank guarantees, retention monies, or other security forms
2. Design Obligations: Include when subcontractor has design responsibilities
3. Intellectual Property: Required when subcontractor creates or uses significant IP in the works
4. Building Code Requirements: Mandatory for federal government funded projects
5. Indigenous Participation: Include for projects with indigenous participation requirements
6. Confidentiality and Publicity: Important for high-profile or sensitive projects
7. Material Supply: Include when subcontractor is responsible for significant material procurement
8. Testing and Commissioning: Required for mechanical, electrical, or complex installations
9. Warranties and Guarantees: Include when specific product warranties or performance guarantees are required
10. Building Information Modeling: Include when BIM is used in the project
1. Schedule 1 - Contract Particulars: Key project details, contacts, dates, and amounts
2. Schedule 2 - Scope of Works: Detailed specification of works including drawings and technical requirements
3. Schedule 3 - Program: Project timeline, milestones, and critical dates
4. Schedule 4 - Payment Schedule: Progress payment details, milestone payments, and rates
5. Schedule 5 - Site Requirements: Site-specific rules, access times, and coordination requirements
6. Schedule 6 - Forms: Standard forms for variations, EOTs, payment claims, etc.
7. Schedule 7 - Quality Requirements: Quality standards, testing requirements, and compliance documentation
8. Schedule 8 - WHS Requirements: Safety management plans, procedures, and compliance requirements
9. Appendix A - Head Contract Provisions: Relevant excerpts from head contract that flow down
10. Appendix B - Drawings: Complete set of construction drawings relevant to subcontract works
Authors
Approved for Construction Documents
Authority
Background IP
Business Day
Claim
Commencement Date
Completion
Construction Plant
Date for Completion
Date of Completion
Defects
Defects Liability Period
Delay
Design Documents
EOT
Force Majeure Event
Head Contract
Head Contractor
Hold Point
Inclement Weather
Inspection Point
Intellectual Property Rights
Legislative Requirements
Materials
Milestone
Non-Conformance Report
Notice
Payment Claim
Payment Schedule
Personnel
Practical Completion
Principal
Program
Project
Quality Management System
Reference Date
Required Insurances
Security
Site
Site Conditions
Subcontract
Subcontract Documents
Subcontract Works
Subcontractor
Superintendent
Temporary Works
Variation
WHS Laws
WHS Management Plan
Work Method Statement
Works
Scope of Works
Payment
Time and Delay
Variations
Quality Management
Work Health and Safety
Environmental Protection
Site Access and Conditions
Materials and Workmanship
Defects
Insurance
Indemnity
Security
Default and Termination
Force Majeure
Intellectual Property
Confidentiality
Dispute Resolution
Assignment and Subcontracting
Compliance with Laws
Personnel and Labor
Plant and Equipment
Documentation and Reporting
Testing and Commissioning
Practical Completion
Warranties
Suspension
Records and Audit
Notices
Construction
Engineering
Infrastructure
Mining
Commercial Building
Industrial
Residential Development
Energy
Transport
Utilities
Legal
Commercial
Procurement
Operations
Project Management
Construction
Contracts Administration
Risk Management
Estimating
Site Operations
Contract Administrator
Project Manager
Construction Manager
Commercial Manager
Quantity Surveyor
Site Manager
Procurement Manager
Legal Counsel
Risk Manager
Operations Manager
Construction Director
Subcontract Manager
Estimator
Project Engineer
Contract Manager
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