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Project Based Contract Agreement

Project Based Contract Agreement Template for Australia

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Key Requirements PROMPT example:

Project Based Contract Agreement

"I need a Project Based Contract Agreement for a software development project worth $2M, starting March 2025, with specific IP provisions for AI-generated code and requirements for offshore development team compliance with Australian data privacy laws."

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Document background
The Project Based Contract Agreement is designed for use in Australian business contexts where a defined project needs to be delivered under specific terms and conditions. This agreement type is particularly suitable for situations where a client engages a contractor to deliver a discrete project with clear deliverables, timelines, and acceptance criteria. The document incorporates essential elements required under Australian law, including compliance with federal and state legislation such as the Competition and Consumer Act 2010, Independent Contractors Act 2006, and relevant industry-specific regulations. It provides comprehensive coverage of project execution requirements, commercial terms, risk allocation, and governance mechanisms, making it suitable for projects across various industries and scale. The agreement balances the interests of both parties while ensuring clarity in project delivery obligations and outcomes.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and brief description of the project

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

4. Project Scope: Detailed description of the project work and deliverables

5. Term and Timelines: Duration of the agreement and key project milestones

6. Contractor Obligations: Key responsibilities and obligations of the contractor

7. Client Obligations: Key responsibilities and obligations of the client

8. Project Management: Project governance, reporting, and communication requirements

9. Payment Terms: Fees, payment schedule, invoicing, and payment conditions

10. Acceptance and Testing: Criteria and procedures for accepting deliverables

11. Intellectual Property: Ownership and rights related to project IP

12. Confidentiality: Protection and handling of confidential information

13. Insurance and Liability: Insurance requirements and limitation of liability

14. Termination: Conditions and process for contract termination

15. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution

Optional Sections

1. Performance Security: Requirements for bank guarantees or performance bonds - include for high-value projects

2. Work Health and Safety: Specific WHS obligations - include for projects involving on-site work

3. Environmental Requirements: Environmental compliance obligations - include for projects with environmental impacts

4. Security Requirements: IT or physical security requirements - include for projects involving sensitive information or secure locations

5. Subcontracting: Terms governing the use of subcontractors - include if subcontracting is permitted

6. Equipment and Materials: Provisions regarding supply and ownership of equipment - include for projects involving significant equipment

7. Force Majeure: Provisions for handling unforeseen events - include for long-term or high-risk projects

8. Change Management: Process for handling project changes - include for complex projects likely to require modifications

Suggested Schedules

1. Schedule 1 - Project Specifications: Detailed technical specifications and requirements

2. Schedule 2 - Pricing and Payment Schedule: Detailed breakdown of fees, costs, and payment milestones

3. Schedule 3 - Project Timeline: Detailed project schedule including milestones and deadlines

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Service Levels: Performance metrics and service level requirements

6. Schedule 6 - Testing and Acceptance Criteria: Detailed acceptance testing procedures and criteria

7. Appendix A - Change Request Form: Template for submitting and approving project changes

8. Appendix B - Progress Report Template: Standard format for project progress reporting

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance Criteria
Acceptance Testing
Applicable Laws
Background IP
Business Day
Change Request
Commencement Date
Completion Date
Confidential Information
Contract Material
Contractor Personnel
Defect
Deliverables
Delivery Location
Dispute
Existing Material
Fees
Force Majeure Event
GST
Intellectual Property Rights
Key Personnel
Milestone
Milestone Date
Moral Rights
New Material
Notice
Payment Terms
Performance Standards
Project
Project Manager
Project Plan
Project Schedule
Quality Standards
Related Body Corporate
Representatives
Services
Site
Specifications
Subcontractor
Term
Third Party Material
Variation
WHS Laws
Work Health and Safety Requirements
Works
Clauses
Interpretation
Definitions
Term
Services Provision
Project Scope
Contractor Obligations
Client Obligations
Performance Standards
Project Management
Personnel
Subcontracting
Payment Terms
Invoicing
GST
Project Acceptance
Quality Assurance
Intellectual Property
Confidentiality
Privacy
Data Protection
Work Health and Safety
Insurance
Liability and Indemnity
Force Majeure
Termination
Suspension
Change Management
Dispute Resolution
Security
Records and Audit
Compliance with Laws
Assignment and Novation
Notices
Relationship of Parties
General Provisions
Governing Law
Performance Guarantee
Warranties
Risk Allocation
Environmental Compliance
Site Access
Materials and Equipment
Reporting Requirements
Variations
Relevant Industries

Construction

Information Technology

Engineering

Professional Services

Manufacturing

Energy

Infrastructure

Mining

Telecommunications

Research and Development

Consulting

Relevant Teams

Legal

Operations

Commercial

Procurement

Finance

Risk and Compliance

Project Management Office

Business Development

Contract Administration

Technical Services

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Commercial Manager

Chief Operating Officer

Procurement Manager

Business Development Manager

Operations Director

Chief Financial Officer

Risk Manager

Project Director

Senior Counsel

General Manager

Delivery Manager

Account Executive

Industries
Australian Contract Law (Common Law): Fundamental principles governing contract formation, terms, performance, and remedies in Australia
Competition and Consumer Act 2010 (Cth): Federal legislation governing business conduct, consumer protection, and fair trading practices, including unfair contract terms
Independent Contractors Act 2006 (Cth): Federal legislation governing relationships between independent contractors and principals, including unfair contracts provisions
Work Health and Safety Act 2011 (Cth): Federal framework for workplace health and safety obligations and responsibilities
Privacy Act 1988 (Cth): Legislation governing the handling of personal information in business relationships
Security of Payment Act: State-based legislation ensuring timely payment for construction work and related goods and services (specific act varies by state)
Australian Consumer Law: National law providing uniform consumer protection and product safety regulations
Corporations Act 2001 (Cth): Federal legislation governing business entities and their operations in Australia
State Fair Trading Acts: State-specific legislation governing business conduct and consumer protection at the state level
Personal Property Securities Act 2009 (Cth): Federal legislation governing security interests in personal property, relevant for project assets and equipment
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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