Residential Cost Plus Contract Generator for Australia

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Key Requirements PROMPT example:

Residential Cost Plus Contract

"I need a Residential Cost Plus Contract for a heritage home renovation project in Sydney, Australia, starting in March 2025, with an estimated budget range of $750,000-$900,000 plus builder's margin of 15%, including special provisions for heritage protection and potential archaeological discoveries."

Document background
The Residential Cost Plus Contract is specifically designed for Australian construction projects where the final scope or costs cannot be accurately determined at the outset. This contract type is particularly suitable for renovation projects, heritage properties, or complex builds where unforeseen conditions may arise. Unlike fixed-price contracts, it allows for flexibility while maintaining transparency in cost calculation and builder's margin. The document includes essential elements required by Australian building laws, such as statutory warranties, progress payment schedules, and dispute resolution procedures. It provides detailed mechanisms for cost verification, variation handling, and project management, while ensuring compliance with state-specific building regulations and consumer protection laws. This contract type is often chosen when the project involves complex design elements, potential variations, or when rapid project commencement is required before all details are finalized.
Suggested Sections

1. Parties: Identifies the builder/contractor and property owner with full legal names and contact details

2. Background: Outlines the context of the agreement, including property details and owner's intention to engage builder

3. Definitions: Defines key terms used throughout the contract including 'Cost Plus', 'Actual Cost', and 'Builder's Margin'

4. Project Scope: Detailed description of the construction work to be performed

5. Cost Plus Mechanism: Explains how costs are calculated, what constitutes actual costs, and the agreed builder's margin percentage

6. Builder's Obligations: Details the builder's responsibilities, including compliance with regulations and standards

7. Owner's Obligations: Specifies owner's responsibilities including site access and timely decisions

8. Timing and Progress: Outlines project timeline, stages, and completion requirements

9. Payment Terms: Details payment schedule, progress payments, and verification of costs

10. Variations: Process for handling changes to scope or specifications

11. Quality and Inspections: Standards of workmanship and inspection requirements

12. Insurance and Risk: Required insurances and allocation of risk

13. Statutory Warranties: Mandatory warranties as required by Australian law

14. Termination: Circumstances and process for contract termination

15. Dispute Resolution: Process for resolving disputes as per state requirements

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

Optional Sections

1. Provisional Sums: Include when certain costs cannot be accurately determined at contract signing

2. Prime Cost Items: Include when owner will select specific items/materials later

3. Site Access and Conditions: Include for projects with specific site challenges or access requirements

4. Environmental Requirements: Include when project has specific environmental considerations

5. Heritage Considerations: Include for properties with heritage overlays or requirements

6. Staging Requirements: Include for projects requiring specific staging or occupied site considerations

7. Specialist Work: Include when project involves specialized trades or consultants

8. Owner Supply Items: Include when owner will supply certain materials or items

Suggested Schedules

1. Schedule 1: Project Details: Specific details of the project including site address and description of works

2. Schedule 2: Plans and Specifications: List of all approved plans, drawings, and specifications

3. Schedule 3: Cost Breakdown: Detailed breakdown of estimated costs and builder's margin

4. Schedule 4: Progress Payment Schedule: Timeline and conditions for progress payments

5. Schedule 5: Prime Cost and Provisional Sum Items: List of items with estimated allowances

6. Schedule 6: Construction Program: Detailed timeline of construction stages

7. Appendix A: Required Forms: Statutory forms required by state legislation

8. Appendix B: Insurance Certificates: Copies of required insurance policies

9. Appendix C: Builder's License: Copy of builder's license and registrations

10. Appendix D: Site Safety Plan: Safety management procedures and requirements

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

Residential Construction

Real Estate

Construction Management

Building and Development

Property Development

Home Renovation

Construction Insurance

Construction Finance

Building Materials and Supply

Construction Consulting

Relevant Teams

Legal

Construction

Estimating

Project Management

Contract Administration

Risk and Compliance

Operations

Business Development

Finance

Quality Assurance

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Quantity Surveyor

Building Estimator

Construction Lawyer

Building Inspector

Site Supervisor

Residential Builder

Property Developer

Construction Director

Legal Counsel

Risk Manager

Building Consultant

Construction Estimator

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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