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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."
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
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
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
Additional Works
Approved Plans
Authority Approvals
Base Works
Builder's Margin
Building Period
Building Works
Certificate of Occupancy
Commencement Date
Completion Date
Construction Schedule
Contract Documents
Contract Sum
Cost Plus Fee
Date for Practical Completion
Defects Liability Period
Direct Costs
Essential Terms
Extension of Time
Final Certificate
Force Majeure
Indirect Costs
Labor Costs
Material Costs
Notice to Proceed
Owner-Supplied Items
Practical Completion
Preliminary Works
Prime Cost Items
Progress Claim
Progress Payment
Project Documents
Provisional Sum Items
Quality Standards
Reasonable Costs
Site
Site Conditions
Specifications
Stage Completion
Statutory Requirements
Subcontractor
Substantial Completion
Time for Completion
Variation
Variation Order
Work Site
Works
Definitions
Contract Sum
Cost Calculation
Builder's Margin
Payment Terms
Progress Payments
Cost Verification
Builder's Obligations
Owner's Obligations
Construction Program
Site Access
Variations
Extensions of Time
Quality Assurance
Defects Liability
Insurance
Indemnity
Work Health and Safety
Environmental Protection
Statutory Warranties
Intellectual Property
Confidentiality
Force Majeure
Default and Termination
Dispute Resolution
Notices
Assignment
Governing Law
Prime Cost Items
Provisional Sums
Materials and Workmanship
Completion and Handover
Risk Allocation
Subcontracting
Documentation
Inspections and Testing
Warranties and Guarantees
Project Management
Site Conditions
Compliance with Laws
Residential Construction
Real Estate
Construction Management
Building and Development
Property Development
Home Renovation
Construction Insurance
Construction Finance
Building Materials and Supply
Construction Consulting
Legal
Construction
Estimating
Project Management
Contract Administration
Risk and Compliance
Operations
Business Development
Finance
Quality Assurance
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
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