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Construction Short Form Contract for Australia

Construction Short Form Contract Template for Australia

This document is an Australian-compliant Construction Short Form Contract designed for smaller to medium-sized construction projects. It incorporates essential elements required under Australian construction law, including security of payment provisions, work health and safety requirements, and state-specific building regulations. The contract provides a streamlined framework for managing construction projects while maintaining necessary legal protections and compliance with Australian building codes and standards. It includes provisions for scope definition, payment terms, variations, defects liability, and dispute resolution, structured in a way that is both comprehensive and accessible for projects where a full standard form contract might be too complex.

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What is a Construction Short Form Contract?

The Construction Short Form Contract is specifically designed for use in the Australian construction industry where a simplified but legally robust agreement is required. It is particularly suitable for projects valued between $100,000 and $5 million, where the full complexity of standard form contracts (such as AS4000) would be unnecessary. This document includes all essential elements required by Australian law, including security of payment provisions, insurance requirements, and safety obligations, while maintaining a streamlined structure. The contract is most appropriate for projects with straightforward scope and risk allocation, where design is largely complete before construction begins. It provides sufficient protection for both parties while avoiding the complexity and administrative burden of larger contract forms, making it ideal for residential builds, commercial fit-outs, and smaller industrial projects.

What sections should be included in a Construction Short Form Contract?

1. Parties: Identification and details of the Principal (client) and Contractor

2. Background: Context of the agreement and general project overview

3. Definitions: Key terms used throughout the contract

4. Scope of Works: Detailed description of the construction works to be performed

5. Contract Price and Payment: Payment terms, amounts, and mechanics including payment claims and schedules

6. Time for Completion: Project timeline, completion date, and provisions for extensions of time

7. Contractor Obligations: Key responsibilities including quality, safety, and compliance requirements

8. Principal Obligations: Client responsibilities including site access and information provision

9. Variations: Process for managing changes to scope, price, or timeline

10. Defects and Warranties: Defect liability period and warranty obligations

11. Insurance and Indemnity: Required insurances and indemnification provisions

12. Termination: Grounds and process for contract termination

13. Dispute Resolution: Process for handling disputes between parties

14. General Provisions: Standard boilerplate clauses including notices and governing law

What sections are optional to include in a Construction Short Form Contract?

1. Security: Optional section for bank guarantees or retention monies - include for higher value projects

2. Design Obligations: Include when contractor has design responsibilities

3. Intellectual Property: Include when design or innovative construction methods are involved

4. Environmental Requirements: Include for projects with significant environmental considerations

5. Aboriginal Heritage: Include for projects in areas with potential indigenous heritage significance

6. Provisional Sums: Include when certain costs cannot be fixed at contract formation

7. Subcontracting: Include detailed subcontracting provisions for larger projects

8. Site Conditions: Include for projects with significant ground works or uncertain site conditions

What schedules should be included in a Construction Short Form Contract?

1. Schedule 1 - Contract Particulars: Key project details, contact information, and specific requirements

2. Schedule 2 - Scope of Works: Detailed specifications, drawings, and technical requirements

3. Schedule 3 - Program: Project timeline, milestones, and completion dates

4. Schedule 4 - Payment Schedule: Payment amounts, timing, and milestone payments

5. Schedule 5 - Site Details: Site information, access requirements, and existing conditions

6. Schedule 6 - Forms: Standard forms for variations, payment claims, and completion certificates

7. Appendix A - Drawings: Construction drawings and design documents

8. Appendix B - Technical Specifications: Detailed technical requirements and standards

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Sector

Cost

Free to use
Relevant legal definitions









































Clauses




























Relevant Industries

Residential Construction

Commercial Construction

Industrial Construction

Infrastructure Development

Property Development

Renovations and Refurbishments

Small-scale Civil Works

Retail Fit-outs

Educational Facilities

Healthcare Facilities

Relevant Teams

Legal

Operations

Construction

Commercial

Procurement

Risk Management

Project Management

Contract Administration

Business Development

Property Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Commercial Manager

Quantity Surveyor

Site Supervisor

Building Manager

Procurement Manager

Legal Counsel

Risk Manager

Operations Manager

Development Manager

Construction Director

Chief Operating Officer

Business Development Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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