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Sale And Construction Agreement
"I need a Sale and Construction Agreement for a residential property development in Brisbane, where my company will be building 15 townhouses to be sold off-plan, with construction scheduled to commence in March 2025 and strict sustainability requirements for all units."
1. Parties: Identification and details of the vendor/builder and purchaser
2. Background: Context of the agreement, including property details and purpose of the construction
3. Definitions and Interpretation: Defined terms and rules for interpreting the agreement
4. Sale Terms: Terms relating to the sale of land/property including price, deposit, and settlement conditions
5. Construction Terms: Scope of construction work, specifications, and standards to be met
6. Price and Payment: Total contract price, payment schedule, and progress payment terms
7. Timeframes: Construction commencement, completion dates, and mechanisms for extensions of time
8. Variations: Process for requesting, approving, and charging for variations to the original scope
9. Site Access and Conditions: Rights and obligations regarding site access, safety, and management
10. Warranties and Defects: Statutory and contractual warranties, defect liability period, and rectification process
11. Insurance and Risk: Required insurances, risk allocation, and indemnities
12. Default and Termination: Events of default, remedies, and termination rights
13. Completion and Handover: Process for practical completion, final inspection, and handover
14. Dispute Resolution: Process for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, governing law, and assignment
1. Finance Conditions: Include when purchaser requires finance approval as a condition of the contract
2. Planning and Approvals: Include when development approvals or permits are yet to be obtained
3. Environmental Requirements: Include for projects with specific environmental considerations or obligations
4. Rock and Substrate Provisions: Include when there are potential ground condition issues that may affect construction
5. Staged Construction: Include when the construction will be completed in defined stages
6. Provisional Sums: Include when certain costs cannot be fixed at contract signing
7. Third Party Arrangements: Include when dealing with body corporate or neighboring property requirements
8. Solar and Sustainability: Include when incorporating specific environmental or energy efficiency requirements
1. Schedule 1 - Contract Details: Key contract information including parties' details, price, dates, and property description
2. Schedule 2 - Plans and Specifications: Detailed construction plans, drawings, and specifications
3. Schedule 3 - Inclusions and Exclusions: Detailed list of items included and excluded from the contract price
4. Schedule 4 - Progress Payment Schedule: Breakdown of progress payments and corresponding construction stages
5. Schedule 5 - Prime Cost and Provisional Sum Items: Items where exact costs are not determined at contract signing
6. Schedule 6 - Special Conditions: Any special or additional conditions agreed between the parties
7. Appendix A - Site Investigation Reports: Soil tests, survey reports, and other site-specific investigations
8. Appendix B - Fixtures and Finishes Schedule: Detailed specifications for all fixtures, fittings, and finishes
9. Appendix C - Warranties and Certificates: Copies of relevant warranties, certificates, and insurance documents
Authors
Base Stage
Building Period
Building Works
Certificate of Occupancy
Commencement Date
Completion Date
Construction Schedule
Contract Documents
Contract Price
Defects Liability Period
Development Approval
Disclosure Statement
Extension Event
Final Payment
Force Majeure Event
Frame Stage
Inclusions
Land
Legislative Requirements
Lock-up Stage
Local Authority
Minor Defect
Notice to Remedy
Party/Parties
Plans and Specifications
Practical Completion
Prime Cost Items
Progress Payment
Property
Provisional Sum Items
Purchase Price
Related Documents
Settlement
Settlement Date
Site
Special Conditions
Statutory Warranties
Substantial Breach
Variation
Variation Order
Works
Working Days
Construction Works
Payment Terms
Time for Completion
Variations
Quality Standards
Warranties
Property Title
Site Access
Work Health and Safety
Insurance
Indemnification
Default and Termination
Force Majeure
Dispute Resolution
Intellectual Property
Confidentiality
Environmental Compliance
Defects Liability
Progress Reports
Risk Allocation
Approvals and Permits
Assignment
Notices
Governing Law
Settlement
Site Conditions
Materials and Workmanship
Progress Inspections
Practical Completion
Construction
Real Estate
Property Development
Residential Building
Commercial Property
Infrastructure Development
Urban Development
Architecture and Design
Building Materials and Services
Legal
Construction
Property Development
Sales
Commercial
Risk and Compliance
Project Management
Design
Operations
Finance
Construction Manager
Property Developer
Project Manager
Contract Administrator
Legal Counsel
Building Surveyor
Quantity Surveyor
Development Manager
Sales Manager
Architectural Designer
Site Supervisor
Commercial Director
Risk Manager
Compliance Officer
Property Manager
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