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Short Form Subcontract

Short Form Subcontract Template for Australia

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Key Requirements PROMPT example:

Short Form Subcontract

"I need an Australian Short Form Subcontract for electrical installation works on a commercial building project in Brisbane, with work commencing March 2025 and including specific provisions for working in an occupied building."

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Document background
The Short Form Subcontract is designed for use in Australian construction and infrastructure projects where a head contractor needs to engage subcontractors for discrete portions of work, and where the scope and risks are relatively straightforward. This document is particularly suitable for trade packages, supply and install arrangements, or specialized works where a full long-form contract would be unnecessarily complex. It includes essential provisions required under Australian law while maintaining simplicity and ease of use. The document addresses key commercial and legal requirements including scope, payment, timing, quality, and safety, while being shorter and more accessible than traditional subcontracts. It's structured to comply with state-specific security of payment legislation and work health and safety requirements, making it suitable for use across different Australian jurisdictions.
Suggested Sections

1. Parties: Identifies and provides full legal details of the head contractor and subcontractor

2. Background: Brief context about the head contract, project, and purpose of the subcontract

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation

4. Scope of Works: Detailed description of the subcontract works to be performed

5. Price and Payment: Subcontract sum, payment terms, and claim procedures

6. Time: Commencement date, completion date, and program requirements

7. Quality and Defects: Quality standards, inspection rights, and defects liability obligations

8. Work Health and Safety: WHS obligations and compliance requirements

9. Insurance and Liability: Required insurances and liability provisions

10. Variations: Process for varying the scope, price, or time

11. Termination: Rights and process for termination

12. General Provisions: Standard boilerplate clauses including notices, governing law, and GST

Optional Sections

1. Security: Required when retention money or bank guarantees are needed

2. Intellectual Property: Included when design or creative works are part of the scope

3. Confidentiality: Added for projects involving sensitive information or processes

4. Environmental Requirements: Included for projects with specific environmental obligations

5. Indigenous Participation: Required for projects with indigenous participation requirements

6. Building Code Requirements: Added for projects subject to the Building Code

7. Site Conditions: Included when specific site access or condition issues need addressing

Suggested Schedules

1. Schedule 1 - Contract Particulars: Key project details, contact information, and commercial terms

2. Schedule 2 - Scope of Works: Detailed specification of works, including drawings and technical requirements

3. Schedule 3 - Program: Project timeline, milestones, and completion dates

4. Schedule 4 - Rates and Prices: Breakdown of contract sum, hourly rates, and pricing details

5. Schedule 5 - Special Conditions: Any project-specific terms that modify standard conditions

6. Schedule 6 - Forms: Standard forms for variations, payment claims, and other notices

7. Appendix A - Head Contract Extracts: Relevant excerpts from the head contract that apply 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Approvals
Background IP
Business Day
Claim
Commencement Date
Completion
Completion Date
Contract Documents
Date for Completion
Defects
Defects Liability Period
Delay
Design Documents
Extension of Time
Force Majeure Event
GST
Head Contract
Head Contractor
Intellectual Property Rights
Legislative Requirements
Material
Notice
Payment Claim
Payment Schedule
Personnel
Principal
Program
Project
Quality Standards
Reference Date
Schedule of Rates
Security
Site
Subcontract Sum
Subcontract Works
Substantial Breach
Superintendent
Variation
WHS Laws
Works
Relevant Industries

Construction

Infrastructure

Mining

Property Development

Utilities

Commercial Fit-out

Industrial

Residential Construction

Engineering

Telecommunications

Relevant Teams

Legal

Commercial

Procurement

Operations

Project Management

Construction

Contracts Administration

Risk and Compliance

Estimating

Business Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Commercial Manager

Procurement Manager

Site Manager

Legal Counsel

Quantity Surveyor

Operations Manager

Risk Manager

Contracts Manager

Construction Director

Project Director

Estimating Manager

Business Development Manager

Industries
Competition and Consumer Act 2010 (Cth): Federal legislation that governs fair trading practices and consumer protection, including unfair contract terms.
Security of Payment Act (State-specific): Ensures timely payment for construction work and related goods and services, including progress payments and dispute resolution mechanisms.
Work Health and Safety Act 2011 (Cth): Sets out the main work health and safety duties that must be addressed in construction contracts and subcontracts.
Building and Construction Industry Security of Payment Acts: State-specific legislation governing payment claims, schedules, and dispute resolution in the construction industry.
Independent Contractors Act 2006 (Cth): Regulates the relationship between independent contractors and principals, including unfair contracts provisions.
Insurance Contracts Act 1984 (Cth): Regulates insurance requirements and duties of disclosure relevant to construction contracts.
State-specific Building Acts: Governs building work standards, permits, and compliance requirements specific to each state/territory.
Privacy Act 1988 (Cth): Relevant for handling personal information of parties involved in the contract.
Australian Consumer Law: Schedule 2 of the Competition and Consumer Act, providing consumer protections and statutory guarantees.
Contract Law Act (State-specific): State-based legislation governing formation and enforcement of contracts.
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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