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New Construction Agreement
"I need a New Construction Agreement for a $5M commercial warehouse project in Brisbane, Australia, with construction starting March 2025, including specific provisions for solar panel installation and rainwater harvesting systems."
1. Parties: Identification and details of the Principal/Owner and Builder/Contractor
2. Background: Context of the agreement, including project overview and purpose
3. Definitions and Interpretation: Definitions of key terms and interpretation principles
4. Contract Documents: Hierarchy and list of documents forming the complete agreement
5. Principal Obligations: Key obligations of the Principal including site access, approvals and payments
6. Contractor Obligations: Key obligations of the Contractor including work quality, compliance and timeline commitments
7. Time and Progress: Project timeline, completion dates, extensions of time and delay provisions
8. Variations: Process for requesting, pricing and executing variations to the work
9. Payment: Payment terms, claims process, retention and security requirements
10. Quality and Defects: Quality standards, inspection rights, defects liability period and rectification process
11. Work Health and Safety: Safety obligations, site rules and compliance requirements
12. Insurance and Indemnity: Required insurances and indemnification obligations
13. Default and Termination: Events of default, termination rights and consequences
14. Dispute Resolution: Process for resolving disputes including mediation and arbitration
15. General Provisions: Standard contract clauses including notices, governing law and assignment
1. Design Obligations: Used when the contractor has design responsibilities
2. Staging and Separation: Required for projects with distinct stages or separable portions
3. Site Conditions: Specific provisions for dealing with site conditions, contamination or heritage requirements
4. Provisional Sums: Include when there are undefined portions of work to be confirmed later
5. Building Management Systems: Required for complex buildings with integrated management systems
6. Warranties and Guarantees: Additional warranty requirements beyond statutory obligations
7. Environmental Requirements: Specific environmental obligations beyond standard compliance
8. Community and Stakeholder Management: Required for projects with significant community impact
9. Building Information Modeling: Include when BIM is required for the project
10. Intellectual Property: Required when design or innovative methods are involved
1. Schedule 1 - Contract Particulars: Key project details, contacts and commercial terms
2. Schedule 2 - Scope of Works: Detailed description of works to be performed
3. Schedule 3 - Program: Construction program and key milestone dates
4. Schedule 4 - Payment Schedule: Payment milestones, rates and pricing details
5. Schedule 5 - Technical Specifications: Detailed technical requirements and standards
6. Schedule 6 - Site Requirements: Site-specific requirements and conditions
7. Schedule 7 - Forms and Procedures: Standard forms for variations, claims and certificates
8. Schedule 8 - Drawings: List of contract drawings and revisions
9. Schedule 9 - Quality Management Plan: Quality assurance requirements and procedures
10. Schedule 10 - WHS Management Plan: Safety management requirements and procedures
11. Appendix A - Special Conditions: Any special conditions or modifications to standard terms
12. Appendix B - Statutory Declarations: Required forms for statutory declarations
Authors
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure
Healthcare Facilities
Education Facilities
Retail Development
Hospitality
Mining and Resources
Government and Public Works
Legal
Construction
Commercial
Operations
Procurement
Finance
Risk Management
Project Management
Business Development
Compliance
Construction Manager
Project Director
Contract Administrator
Legal Counsel
Commercial Manager
Quantity Surveyor
Project Manager
Risk Manager
Procurement Manager
Operations Director
Site Manager
Development Manager
Chief Financial Officer
CEO
General Counsel
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