Builder Collaboration Agreement

Builder Collaboration Agreement Template for Australia

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Key Requirements PROMPT example:

"I need a Builder Collaboration Agreement for a major hospital redevelopment project in Queensland, starting March 2025, involving three tier-1 contractors working together with shared risk/reward arrangements and early contractor involvement provisions."

Document background

The Builder Collaboration Agreement is designed for construction projects in Australia where multiple parties seek to work together in a more integrated and collaborative manner than traditional contracting approaches. It is particularly suited for complex projects where early contractor involvement, shared risk management, and collaborative problem-solving can add significant value. The agreement incorporates Australian legal requirements, including security of payment legislation, work health and safety obligations, and building regulations. It establishes clear governance structures, defines roles and responsibilities, and provides mechanisms for sharing both risks and rewards. This type of agreement is increasingly used in major infrastructure and building projects where innovation, efficiency, and optimal project outcomes are priorities.

Suggested Sections

1. Parties: Identifies and provides details of all parties to the agreement

2. Background: Sets out the context of the agreement and parties' intentions to collaborate

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Project Objectives: Outlines the collaboration goals, project outcomes, and success metrics

5. Scope of Works: Defines the project scope and each party's scope of services

6. Collaboration Principles: Establishes core principles of collaboration, good faith, and transparency

7. Governance Structure: Details the management structure, committees, and decision-making processes

8. Roles and Responsibilities: Specifies each party's duties, obligations, and authority levels

9. Financial Framework: Sets out payment mechanisms, cost sharing, and profit sharing arrangements

10. Risk Allocation: Defines how various project risks are allocated between parties

11. Performance Management: Establishes KPIs, reporting requirements, and performance review processes

12. Intellectual Property: Addresses ownership and licensing of project IP and background IP

13. Confidentiality: Details confidentiality obligations and permitted disclosures

14. Insurance and Liability: Specifies required insurances and liability limitations

15. Dispute Resolution: Sets out the dispute resolution process and escalation procedures

16. Term and Termination: Defines agreement duration and termination rights

17. General Provisions: Includes standard boilerplate clauses and general legal requirements

Optional Sections

1. Early Contractor Involvement: Procedures for pre-construction services and early design input

2. Digital Engineering Protocol: Requirements for BIM and other digital engineering processes

3. Innovation Management: Processes for suggesting and implementing innovative solutions

4. Value Engineering: Procedures for cost optimization and value improvement

5. Staging and Separable Portions: Framework for managing multiple project stages or portions

6. Community and Stakeholder Engagement: Processes for managing external stakeholder relationships

7. Environmental Management: Specific environmental obligations and sustainability requirements

8. Indigenous Participation: Requirements for indigenous employment and engagement

9. Small Business Participation: Requirements for engaging local and small business suppliers

Suggested Schedules

1. Project Brief: Detailed description of the project requirements and specifications

2. Governance Procedures: Detailed procedures for project management and decision-making

3. Financial Model: Detailed cost structure, rates, and payment calculations

4. Key Performance Indicators: Detailed KPIs, measurement methods, and targets

5. Program: Project timeline, milestones, and delivery schedule

6. Site Details: Information about the project site and access requirements

7. Personnel: Key personnel and their roles, including replacement procedures

8. Forms and Templates: Standard forms for project administration and reporting

9. Insurance Requirements: Detailed insurance specifications and certificates

10. Sub-contractor Requirements: Procedures and requirements for engaging sub-contractors

11. Risk Register: Initial risk register and risk management procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Commercial Construction

Residential Development

Infrastructure

Industrial Construction

Healthcare Construction

Education Construction

Mining Infrastructure

Transportation

Public Works

Energy and Utilities

Retail Construction

Sports and Recreation Facilities

Relevant Teams

Legal

Commercial

Operations

Project Management

Construction

Design

Procurement

Risk and Compliance

Finance

Business Development

Contract Administration

Relevant Roles

Construction Manager

Project Director

Commercial Manager

Contract Manager

Legal Counsel

Project Manager

Design Manager

Construction Director

Chief Operating Officer

Risk Manager

Procurement Manager

Estimating Manager

Site Manager

Operations Manager

Business Development Manager

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