Nominated Subcontractor Agreement Template for Australia

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Key Requirements PROMPT example:

Nominated Subcontractor Agreement

"I need a Nominated Subcontractor Agreement for an Australian hospital construction project in Queensland, with specific provisions for medical equipment installation and commissioning to be completed by March 2025."

Document background
The Nominated Subcontractor Agreement is a specialized contract used in Australian construction and infrastructure projects where the Principal wishes to maintain control over the selection of certain subcontractors while still maintaining the Head Contractor's overall responsibility for project delivery. This arrangement is commonly used for specialized works packages such as mechanical and electrical services, facade works, or other technical installations where the Principal wants specific contractors engaged. The agreement needs to carefully balance the rights and obligations between all three parties, ensuring compliance with Australian construction law, particularly regarding payment security, work health and safety, and insurance requirements. The document includes detailed provisions for coordination, quality control, variations, and dispute resolution, while clearly establishing the payment mechanisms and project timeline requirements.
Suggested Sections

1. Parties: Identifies and provides details of the Principal, Head Contractor, and Nominated Subcontractor

2. Background: Explains the context of the nomination and the relationship between the three parties

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Nomination and Acceptance: Details the formal nomination process and acceptance of the subcontractor

5. Subcontract Documents: Lists and establishes hierarchy of contract documents including specifications and drawings

6. Principal Obligations: Sets out the Principal's obligations including provision of information and coordination

7. Head Contractor Obligations: Defines Head Contractor's responsibilities including site access and coordination

8. Subcontractor Obligations: Details Subcontractor's duties including work execution, compliance, and reporting

9. Time and Progress: Covers program requirements, completion dates, and extension of time provisions

10. Payment: Details payment terms, claims process, and security of payment requirements

11. Variations: Procedures for variations to scope, including pricing and approval processes

12. Quality Management: Quality assurance requirements and inspection/testing procedures

13. Work Health and Safety: Safety obligations, site rules, and incident management procedures

14. Insurance and Indemnity: Required insurances and indemnity obligations of all parties

15. Default and Termination: Events of default, termination rights, and consequences

16. Dispute Resolution: Process for resolving disputes between parties

17. General Provisions: Standard contract clauses including notices, governing law, and assignment

Optional Sections

1. Environmental Management: Required for projects with significant environmental considerations or requirements

2. Indigenous Participation: For projects with indigenous participation requirements or occurring on indigenous lands

3. Intellectual Property Rights: Required when the works involve creation of design or other intellectual property

4. Building Information Modeling: For projects requiring BIM implementation and coordination

5. Community Engagement: For projects requiring management of community relations and stakeholder engagement

6. Security Requirements: For projects requiring specific security measures or clearances

7. Defects Liability: Detailed defects liability provisions for complex technical installations

8. Training and Technology Transfer: For projects requiring operational training or technology transfer to end users

Suggested Schedules

1. Schedule 1 - Contract Particulars: Key project details, contacts, dates, and contract-specific requirements

2. Schedule 2 - Scope of Works: Detailed description of the subcontract works including specifications

3. Schedule 3 - Program: Project program including key milestones and completion dates

4. Schedule 4 - Payment Schedule: Payment terms, rates, and breakdown of contract sum

5. Schedule 5 - Site Requirements: Site-specific requirements, access conditions, and facilities

6. Schedule 6 - Quality Requirements: Quality standards, testing requirements, and acceptance criteria

7. Schedule 7 - Forms and Procedures: Standard forms for variations, claims, and other project procedures

8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts

9. Appendix A - Drawings: Complete set of contract drawings

10. Appendix B - Technical Specifications: Detailed technical specifications for the works

11. Appendix C - Head Contract Provisions: Relevant provisions from the head contract that flow down to the subcontract

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

Infrastructure

Mining

Commercial Property

Healthcare

Education

Government

Industrial

Residential Development

Transportation

Energy

Telecommunications

Relevant Teams

Legal

Commercial

Operations

Procurement

Project Management

Risk Management

Contract Administration

Construction Management

Technical Services

Business Development

Relevant Roles

Project Director

Construction Manager

Commercial Manager

Contract Administrator

Project Manager

Procurement Manager

Legal Counsel

Risk Manager

Operations Director

Commercial Director

Technical Director

Quantity Surveyor

Site Manager

Construction Lawyer

Chief Operating Officer

Contracts Manager

Bid Manager

Industries
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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