Pre Construction Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Pre Construction Agreement

"I need a Pre Construction Agreement for a luxury hotel development in Dubai, with specific provisions for BIM implementation and LEED certification requirements, planned to commence in March 2025."

Document background
The Pre-Construction Agreement is a crucial document used in the United Arab Emirates construction industry to establish the relationship between the client/developer and pre-construction service providers before the main construction phase begins. This agreement is particularly important in the UAE market where complex development projects require careful planning and compliance with both federal and emirate-specific regulations. The document typically covers services such as design development, cost estimation, value engineering, and procurement strategy, while ensuring alignment with UAE Civil Code requirements and local municipality regulations. It serves as a foundational document that helps mitigate risks, establish clear deliverables, and define responsibilities during the critical planning phase of construction projects. The agreement is especially relevant for large-scale developments in the UAE where extensive pre-construction planning is essential for project success.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including full legal names, addresses, and registration details

2. Background: Context of the agreement, brief project description, and purpose of the pre-construction services

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided, including design review, cost planning, and value engineering

5. Consultant's Obligations: Comprehensive list of duties and responsibilities of the consultant during the pre-construction phase

6. Client's Obligations: Responsibilities and obligations of the client, including provision of information and approvals

7. Timeline and Program: Project schedule, milestones, and delivery dates for pre-construction services

8. Fee Structure and Payment Terms: Detailed breakdown of fees, payment schedule, and payment conditions

9. Quality Standards: Required quality standards, applicable codes, and compliance requirements

10. Variations and Changes: Process for handling changes to scope, timeline, or fees

11. Intellectual Property Rights: Ownership and usage rights of designs, documents, and other deliverables

12. Confidentiality: Obligations regarding confidential information and project details

13. Liability and Indemnification: Allocation of risks, liability limitations, and indemnification provisions

14. Insurance: Required insurance coverage and minimum limits

15. Termination: Grounds and procedures for agreement termination

16. Governing Law and Dispute Resolution: Applicable law and methods for resolving disputes

17. General Provisions: Standard legal provisions including notices, amendments, and entire agreement clause

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees, used in larger or high-risk projects

2. Environmental Compliance: Specific environmental requirements and obligations, included when project has significant environmental impacts

3. BIM Requirements: Building Information Modeling specifications and protocols, included for projects using BIM

4. Value Engineering Process: Detailed procedures for value engineering exercises, included for complex projects requiring cost optimization

5. Stakeholder Management: Procedures for managing stakeholder relationships, included for projects with multiple stakeholders

6. Risk Management: Specific risk management procedures and allocation, included for high-risk projects

7. Force Majeure: Detailed force majeure provisions, included when specific risk allocation is required

8. Step-in Rights: Client's right to take over services, included for critical projects

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of pre-construction services and deliverables

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

3. Schedule 3 - Program: Detailed project timeline and milestone dates

4. Schedule 4 - Key Personnel: List of key personnel and their roles/responsibilities

5. Schedule 5 - Client's Requirements: Detailed technical and commercial requirements of the client

6. Schedule 6 - Required Insurance: Specific insurance requirements and minimum coverage limits

7. Schedule 7 - Required Approvals: List of required regulatory and authority approvals

8. Appendix A - Standard Forms: Templates for progress reports, variation orders, and other standard forms

9. Appendix B - Technical Standards: Applicable technical standards and specifications

10. Appendix C - Quality Management Plan: Quality control and assurance procedures

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 | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate Development

Construction

Infrastructure

Commercial Property

Residential Development

Industrial Development

Hospitality

Healthcare

Education

Retail

Mixed-Use Development

Government Projects

Relevant Teams

Legal

Construction

Development

Commercial

Project Management

Design

Technical

Procurement

Planning

Risk Management

Contracts Administration

Relevant Roles

Project Director

Construction Manager

Development Manager

Contract Manager

Commercial Manager

Project Manager

Design Manager

Technical Director

Cost Manager

Quantity Surveyor

Principal Architect

Lead Engineer

Legal Counsel

Procurement Manager

Planning Manager

Risk 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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