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Construction Consulting Contract Template for Australia

This document is an Australian-compliant Construction Consulting Contract that establishes the legal framework for professional consulting services in construction projects. It adheres to Australian federal and state construction laws, incorporating requirements from the Building and Construction Industry Security of Payment Act and relevant professional services regulations. The contract covers essential elements including scope of services, professional obligations, payment terms, liability provisions, and dispute resolution mechanisms, while ensuring compliance with Australian building codes and work health and safety requirements.

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What is a Construction Consulting Contract?

The Construction Consulting Contract is a specialized agreement designed for use in the Australian construction industry when engaging professional consultants for construction projects. It is particularly relevant for projects requiring expert advice, technical oversight, or specialized construction management services. The document incorporates key requirements from Australian construction law, professional services regulations, and industry standards, providing a comprehensive framework for consulting engagements. It addresses crucial aspects such as professional obligations, service scope, payment terms, and risk allocation, while ensuring compliance with state-specific building regulations and federal laws. This contract type is essential for establishing clear expectations and legal protections for both consultants and clients in construction projects of various scales.

What sections should be included in a Construction Consulting Contract?

1. Parties: Identifies and provides full details of the contracting parties (Consultant and Client)

2. Background: Outlines the context of the agreement, including the project overview and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Term: Establishes the formal appointment of the consultant and the duration of the agreement

5. Scope of Services: Details the consulting services to be provided, including deliverables and exclusions

6. Consultant's Obligations: Specifies the consultant's duties, responsibilities, and standard of care

7. Client's Obligations: Outlines the client's responsibilities, including provision of information and access

8. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures

9. Variations: Procedures for varying the scope of services or other contract terms

10. Intellectual Property: Addresses ownership and usage rights of project-related intellectual property

11. Confidentiality: Obligations regarding confidential information and its protection

12. Insurance and Liability: Specifies required insurance coverage and liability limitations

13. Termination: Grounds and procedures for contract termination and its consequences

14. Dispute Resolution: Procedures for resolving disputes between parties

15. General Provisions: Standard legal provisions including notices, governing law, and entire agreement

What sections are optional to include in a Construction Consulting Contract?

1. Performance Security: Required when the client needs additional security for consultant's performance

2. Work Health and Safety: Detailed WHS obligations when consultant will be performing on-site services

3. Environmental Requirements: Include when the services involve environmental considerations or compliance

4. Building Code Compliance: Required when services must comply with specific building codes or standards

5. Subcontracting: Include when the consultant may need to engage subcontractors

6. Quality Assurance: Required for projects with specific quality management requirements

7. Force Majeure: Include when specific provisions for unforeseen events are needed

8. Professional Development: Include when ongoing training or certification requirements apply

What schedules should be included in a Construction Consulting Contract?

1. Schedule 1 - Scope of Services: Detailed description of consulting services, methodologies, and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule 3 - Project Program: Timeline, milestones, and delivery dates for the services

4. Schedule 4 - Key Personnel: Details of key team members and their roles/responsibilities

5. Schedule 5 - Insurance Requirements: Specific insurance types and coverage levels required

6. Schedule 6 - Special Conditions: Any project-specific requirements or variations to standard terms

7. Appendix A - Client's Requirements: Detailed technical requirements or specifications provided by the client

8. Appendix B - Required Forms and Templates: Standard forms for variations, claims, or reports

9. Appendix C - Relevant Standards and Codes: List of applicable industry standards and building codes

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

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use

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