These General Terms and Conditions govern the mutual rights and obligations between the Customer (CU) and the Contractor (CO), and specify the framework for the conclusion of a Construction Contract, in particular the model for the federal Construction Contract of the Construction Guild. This is in accordance with the öNORM (Austrian Standards Institute) B2110 "General contractual specifications for construction services" issued on 01.03.2002, which provides the framework of the contractual basis.
2. öNORM B 2110 AGREEMENT:
The provisions of öNORM B 2110 "General contractual specifications for construction services" from 01.03.2002, as long as these are not amended by the following provisions or by individual agreements.
Unless stipulated or expressly agreed upon, priced product specifications by the Contractor are to be understood as a non-binding estimate.
3.1 Price Category (5.28 of the öNORM B 2110)
3.1.1 Unit Price Contract
Unless explicitly agreed upon in writing with regard to other types of remuneration, remuneration is subject to quantities which shall be settled by the provided (agreed upon) unit prices and in accordance with the contractually agreed product specifications. This is a presentation of a non-binding estimate.
3.1.2 Lump-sum Contract
If a lump-sum contract is agreed upon, then the lump sum shall be valid for the described services through the contract product specifications. Performance changes, additional services and changes in circumstances with regard to service delivery, which are not attributable to the risk assumed by the Contractor, may lead to amendments by the Contractor.
3.1.3 Additional Unforeseen Services
18.104.22.168 Labour / Workforce
If remuneration is agreed upon in accordance with the prices for additional unforeseen services, in the event that no contractual arrangement has been made for the amount of remuneration, then the applicable collective agreement rates plus 280% of the applicable collective agreement wages shall apply.
For invoicing equipment rental charges (depreciation and interest, as well as repair charges), whose amount is not agreed upon separately within the contract, each hour of operation shall be counted as 1/170 of the total monthly equipment costs, taken from the list of Austrian Construction Equipment (öBGL; published by the Austrian Association of Industrial Construction Companies - VIBö), using the applicable version for concluding the contract. Materials, transportation and wages for labour shall be invoiced separately.
22.214.171.124 Materials and External Services
Materials (building materials, auxiliary materials), as well as third-party services, shall be offset against the purchase price plus 15% if no other arrangements have been agreed upon in the Construction Contract.
3.2 Price changes (price escalation) (5.28.3 of the öNORM B 2110)
If no other regulations are provided in the Construction Contract, the prices shall be considered as changeable rates. Any potential price conversions shall be made in accordance with the öNORM B 2111 "Price conversion for construction services", issued on 01.05.2000, pursuant to the values of construction cost changes (Source: Federal Ministry of Economics and Labour (BMwA)). If no price classifications are provided for in the service contract, the ratio of WAGE to OTHER with respect to general civil engineering works shall be fixed at 60% / 40% for remodelling work and 80% / 20% for façade works.
3.3 Performance changes and additional services (5.24 of öNORM B 2110)
3.3.1 Arranged Services
For additional or modified services arranged by the Customer or the Customer's representative, if prices are not covered in the original service agreement, the Contractor is entitled to adequate compensation and appropriate extension of the construction period without having to indicate the additional costs. Upon request, the Contractor shall submit an additional offer to the Customer before the execution of services.
3.3.2 Exceeding the Agreed Payment
Where, in a non-binding cost estimate, as defined in § 1170a (2) of the General Civil Code, significantly exceeding the agreed payment amount turns out to be unavoidable, the Contractor shall notify this at the time to the Customer, to which more than 15% excess of the agreed original total price shall be considered. The provision of § 1170a (2) is not applicable to services within the meaning of the General Civil Code Subchapter 3.3.1.
3.3.3 Necessary Additional Services
The Customer shall accept and pay for services that the Contractor performs which deviate from the Contract, if this performance is necessary to fulfil the contract, if it corresponds to the a priori contract, and if the deviation is reasonable for the Customer.
3.4. Invoicing and Payment (For 5.29 and 5.30 of the öNORM B 2110)
3.4.1 Invoice Settlement
If no other arrangements are provided for in the Construction Contract, invoices for partial performance shall apply. These can be set monthly by the Contractor according to the services rendered. Additional, unforeseen invoices can be settled monthly, along with the final invoice at the latest.
3.4.2 Payment Deadline (5.29 of the öNORM B 2110)
The deadline for all types of invoice payments (partial invoices, interim invoices and final invoices) shall be within 30 days from receipt of the invoice by the Customer or its authorised representative. If an invoice is so inadequate or faulty that the Customer can neither verify nor improve it, the Contractor shall have to present an improved version within 14 days after [initial] submission.
3.4.3 Cash Discount
If a cash discount is agreed upon, and conditions for eligibility are provided for receiving the cash discount, the Customer is entitled to deduct the discount from the total amount upon payment of the final invoice. The conditions of eligibility shall be deemed as fulfilled if all payments are made ??on time within the discount period. A cash discount deduction is not permitted beforehand for partial invoices. If the Customer is of the opinion that an invoice of the Contractor does not have to be paid or does not have to be paid in full, he shall immediately notify the Contractor within the discount period, stating the specific reasoning behind this. If he does not do this or if he withholds the payment on unfounded grounds, the Customer loses the entitlement to a discount. A payment is considered timely if the payment amount is made ??within the discount period under the discretionary power of the Contractor (e.g. through cash, value date of the receipt of funds to the Contractor's account).
3.4.4 Inadequate or Faulty Accounts
If an invoice is so inadequate or faulty that the Customer can neither verify nor correct it, the Contractor shall have to present an improved version within 14 days after [initial] submission with a concrete enumeration of the invoice faults.
3.4.5 Interest on Late Payments
The interest for late and non-timely payment shall be set at 5% above the base rate, and it shall begin to run without any warnings or reminders by the Contractor.
4. FINAL PLANNING DOCUMENTS
Documents which are necessary for the execution of final planning (plans, decisions, approvals, etc.) are to be drawn out and provided by the Customer in a timely manner, so that work preparation and testing can be duly carried out by the Contractor (see section 5.9 of the öNORM B 2110). If the final planning [construction] documents are to be provided by the Contractor, these shall be, in accordance with the HOB (Fee Scale of Master Builders, published by the Federal Construction Guild), to be paid by the Customer, as long as these do not present any additional services pursuant to relevant technical öNORM standards, or are covered by their own service items, or unless other arrangements are provided for in the Construction Contract. AGAB page 3
5. ACCOUNTING RECORDS OF INCIDENTS (5.22 of the öNORM B 2110)
If the Contractor keeps daily progress records, these shall be made available to the Customer for inspection and for potential records during the normal business hours of the Contractor.
6. CONNECTIONS (5.10 of the öNORM B 2110)
If no other arrangements are provided for in the Construction Contract, the Customer shall be responsible for making the necessary water and electricity supply, which is required in the work place for the purposes of performing services, available free of charge. The Contractor shall bear the meter costs and the consumer costs. Work and storage spaces, as well as any potential necessary access roads, shall be provided free of charge by the Customer.
7. WARRANTY (5.45 of the öNORM B 2110)
The respective provisions of the öNORM B 2110 shall apply. The warranty period shall be 3 (three) years for construction services. The Customer must provide the Contractor access to the object of warranty in order to carry out any potential warranted works or services. Resulting additional expenses for any warranted works or services, which the Contractor has carried out on the orders of the Customer outside of normal business hours, must be paid to the Contractor.
8. AGREEMENT OF PERFORMANCE ASSURANCE IN CASE OF BANKRUPTCY OF A CONTRACTUAL PARTNER (126.96.36.199 of the öNORM B 2110). The Customer may only request a security in accordance with 188.8.131.52 of the öNORM B 2110 if the Customer makes any payment in advance, e.g. a deposit. If either Contractual Partner requests the submission of a security which is not in accordance with öNORM B 2110, then the other Contractual Partner shall be granted a grace period of one week, and may withdraw from the Contract for non-fulfilment. BINDING TO AN OFFER If the Contractor specifies an offer on the basis of AGAB, he shall be bound to his offer two months from the end of the offer period - in the absence of an offer period from the date of the offer. The Federal Construction Guild assumes no responsibility for the accuracy and completeness of the construction contract model and the AGAB. If contracts are concluded on the basis of these recommendations, only the contractual partners shall carry the risks associated with the contract that arises from the application of the recommendations!
AGAB: Issue 05/02, issued by the Federal Construction Guild. 1030 Vienna, Münzgasse 6, Tel.: 01/718 37 37 -0
Copyright: Federal Construction Guild, DI Dr. Andreas Kropik