The Prime Subcontractor Agreement is essential for projects where a primary contractor needs to engage specialized subcontractors for specific portions of work. This agreement, governed by Austrian law, establishes the legal and operational framework for subcontracted works while ensuring compliance with Austrian regulatory requirements, including the ABGB (Civil Code), UGB (Commercial Code), and relevant worker protection legislation. It typically includes detailed provisions for scope, payment, performance standards, insurance, and risk allocation, while maintaining consistency with the prime contract's obligations. The document is particularly crucial for managing complex projects where work packages need to be delegated while maintaining overall project coordination and quality control.
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1. Parties: Identification of the Prime Contractor and Subcontractor with full legal details
2. Background: Context of the main project, prime contract reference, and purpose of the subcontract
3. Definitions: Key terms used throughout the agreement, including project-specific terminology
4. Scope of Work: Detailed description of the subcontractor's obligations and deliverables
5. Contract Price and Payment Terms: Payment amount, schedule, invoicing requirements, and payment conditions
6. Timeline and Project Schedule: Project milestones, completion dates, and schedule requirements
7. Performance Standards: Quality requirements, workmanship standards, and applicable technical specifications
8. Supervision and Labor: Requirements for workforce, supervision, and compliance with Austrian labor laws
9. Materials and Equipment: Responsibilities for procurement, quality standards, and handling of materials
10. Health and Safety: Compliance with ASchG and site safety requirements
11. Insurance and Liability: Required insurance coverage and allocation of risks
12. Warranties and Guarantees: Workmanship warranties and performance guarantees
13. Changes and Variations: Process for handling change orders and variations to scope
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes under Austrian law
16. Governing Law: Confirmation of Austrian law application and jurisdiction
1. Bond Requirements: Required when performance or payment bonds are necessary for the project
2. Environmental Requirements: Include when project has specific environmental compliance needs
3. Intellectual Property Rights: Required when design work or innovative solutions are part of scope
4. Confidentiality: Include when sensitive information will be shared
5. Force Majeure: Optional but recommended for longer-term projects
6. Site Conditions: Include when work involves significant site-based activities
7. Quality Control and Testing: Required for complex technical works
8. Training Requirements: Include when specific certifications or training are needed
9. Social Security Compliance: Required when using significant labor force
10. Back-to-Back Provisions: Include when specific prime contract terms need to flow down
1. Schedule 1 - Scope of Works: Detailed technical specifications and work descriptions
2. Schedule 2 - Price Breakdown: Detailed pricing structure and bill of quantities
3. Schedule 3 - Project Timeline: Detailed project schedule and milestones
4. Schedule 4 - Technical Standards: Applicable technical standards and specifications
5. Schedule 5 - Key Personnel: List of key team members and their qualifications
6. Schedule 6 - Required Insurance: Detailed insurance requirements and coverage levels
7. Schedule 7 - Forms and Procedures: Standard forms for changes, payments, and approvals
8. Schedule 8 - Site Rules: Site-specific regulations and procedures
9. Appendix A - Prime Contract Excerpts: Relevant sections from the prime contract
10. Appendix B - Health and Safety Plan: Detailed health and safety procedures
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