Master Builders Subcontract Agreement Generator for Australia

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Key Requirements PROMPT example:

Master Builders Subcontract Agreement

"I need a Master Builders Subcontract Agreement for a major commercial building project in Brisbane, where we'll be engaging multiple trade subcontractors for specialized electrical and mechanical works, with project completion scheduled for October 2025 and requiring specific provisions for staged handover and coordination between different subcontractors."

Document background
The Master Builders Subcontract Agreement is a fundamental document in Australian construction projects, designed to establish and regulate the legal and operational relationship between main contractors and their subcontractors. This agreement is typically used when a main contractor needs to engage specialized trade contractors or service providers to complete specific portions of a larger construction project. It includes detailed provisions for project execution, payment terms, quality standards, and risk allocation, while ensuring compliance with Australian building codes, workplace safety regulations, and security of payment legislation. The document is structured to protect both parties' interests while facilitating efficient project delivery and should be customized based on project specifics, scope of works, and jurisdictional requirements.
Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including their respective ACN/ABN numbers and registered addresses

2. Background: Context of the agreement, reference to the head contract, and project overview

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules for interpreting the contract

4. Scope of Works: Detailed description of the subcontractor's obligations and specific works to be performed

5. Contract Sum and Payment Terms: Agreement on pricing, payment schedule, variations, and compliance with Security of Payment legislation

6. Time for Performance: Project timeline, milestones, completion dates, and provisions for extensions of time

7. Quality and Workmanship: Standards of work, compliance with codes and specifications, and inspection requirements

8. Work Health and Safety: WHS obligations, site safety requirements, and compliance with relevant legislation

9. Insurance and Indemnities: Required insurance coverage and indemnification obligations

10. Default and Termination: Events of default, remedies, and termination procedures

11. Dispute Resolution: Process for handling disputes, including mediation and arbitration procedures

12. General Provisions: Standard contract clauses including notices, governing law, and entire agreement

Optional Sections

1. Security: Include when bank guarantees or retention monies are required as performance security

2. Intellectual Property: Include when the works involve design elements or proprietary systems

3. Confidentiality: Include when sensitive information or trade secrets will be shared

4. Environmental Requirements: Include for projects with specific environmental compliance requirements

5. Indigenous Participation: Include for projects with indigenous participation requirements or on indigenous lands

6. Building Code Compliance: Include for projects subject to the Building Code and Guidelines

7. Apprentice Requirements: Include when project value triggers mandatory apprentice requirements

8. Design Obligations: Include when the subcontractor has design responsibilities

Suggested Schedules

1. Schedule 1 - Contract Particulars: Key project details, contact information, and specific contract requirements

2. Schedule 2 - Scope of Works: Detailed specifications, drawings, and technical requirements

3. Schedule 3 - Program of Works: Detailed timeline, milestones, and completion dates

4. Schedule 4 - Schedule of Rates: Pricing details, rates for variations, and payment milestones

5. Schedule 5 - Special Conditions: Any project-specific requirements or variations to standard terms

6. Schedule 6 - Site Requirements: Site-specific procedures, access requirements, and safety protocols

7. Schedule 7 - Forms: Standard forms for variations, extensions of time, and practical completion

8. Appendix A - Head Contract Provisions: Relevant excerpts from the head contract that apply to the subcontractor

9. Appendix B - Insurance Certificates: Copies of required insurance certificates and policies

10. Appendix C - Quality Assurance Documentation: Quality management plans and compliance documentation

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

Building and Infrastructure

Commercial Property

Residential Development

Mining Infrastructure

Industrial Construction

Healthcare Infrastructure

Education Infrastructure

Transport Infrastructure

Renewable Energy Infrastructure

Public Works

Relevant Teams

Legal

Construction

Commercial

Procurement

Operations

Risk and Compliance

Finance

Health and Safety

Quality Assurance

Project Management

Contract Administration

Relevant Roles

Construction Manager

Project Director

Commercial Manager

Contract Administrator

Legal Counsel

Procurement Manager

Site Supervisor

Operations Manager

Risk Manager

Compliance Officer

Estimating Manager

Quality Manager

Safety Manager

Finance Manager

Industries
Building and Construction Industry (Security of Payment) Act: Ensures timely payment and sets out the process for resolving payment disputes in the construction industry, including progress payments, payment claims, and adjudication procedures
Work Health and Safety Act 2011 (Cth): Sets out the main duties of care for ensuring the health and safety of workers and others in the workplace, particularly relevant for construction sites
Competition and Consumer Act 2010 (including Australian Consumer Law): Governs business conduct, consumer protection, and unfair contract terms, particularly relevant for business-to-business contracts
Building and Construction Industry (Improving Productivity) Act 2016: Regulates building work and building industry participants, including requirements for federal government funded construction projects
Fair Work Act 2009: Governs employment relationships and workplace rights, including subcontractor relationships that might be deemed employment relationships
National Construction Code (NCC): Sets out the minimum requirements for safety, health, amenity, and sustainability in the design and construction of new buildings
Personal Property Securities Act 2009: Relevant for security interests in construction materials and equipment, and retention of title clauses
Independent Contractors Act 2006: Governs the relationship between independent contractors and principals, including unfair contracts provisions
Building Energy Efficiency Disclosure Act 2010: Relevant for energy efficiency requirements in commercial building construction and retrofitting
State-specific Building Acts and Regulations: Each state has its own building acts and regulations that govern building work, licensing requirements, and compliance standards
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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