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Pre Construction Agreement
"I need a Pre-Construction Agreement under German law for a commercial office development in Berlin, with specific provisions for BIM implementation and LEED certification requirements, planned to commence in March 2025."
1. Parties: Identification of the contracting parties including legal names, addresses, and registration details
2. Background: Context of the agreement including project overview and parties' intentions
3. Definitions: Key terms used throughout the agreement, including technical construction terminology
4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided, including planning, feasibility studies, and preliminary designs
5. Consultant's Obligations: Key responsibilities and duties of the consultant during the pre-construction phase
6. Client's Obligations: Responsibilities of the client including provision of information and cooperation requirements
7. Timeline and Programme: Schedule for delivery of pre-construction services and key milestones
8. Fees and Payment Terms: Pre-construction service fees, payment schedule, and invoicing requirements in accordance with HOAI regulations
9. Intellectual Property Rights: Ownership and usage rights of designs, documents, and other materials produced
10. Liability and Insurance: Extent of liability and required insurance coverage in accordance with German law
11. Termination: Conditions and procedures for early termination of the agreement
12. Transition to Construction Phase: Process and conditions for transitioning to main construction contract
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
1. Value Engineering: Procedures for cost optimization and alternative solutions, used for larger or complex projects
2. BIM Protocol: Building Information Modeling requirements and protocols, included when BIM is part of the project
3. Environmental Requirements: Specific environmental considerations and certifications, included for projects with sustainability goals
4. Public Procurement Provisions: Additional requirements for public sector projects, included when client is a public entity
5. Risk Assessment: Detailed risk analysis and mitigation strategies, for complex or high-risk projects
6. Stakeholder Management: Procedures for managing multiple stakeholders, included for projects with multiple interested parties
7. Foreign Law Compliance: Additional provisions for international aspects, included when project has cross-border elements
1. Schedule of Services: Detailed breakdown of pre-construction services and deliverables
2. Fee Schedule: Detailed breakdown of fees, including hourly rates and payment milestones
3. Project Brief: Initial project requirements and objectives
4. Key Personnel: List of key team members and their roles
5. Required Insurance Levels: Specific insurance requirements and coverage levels
6. Project Programme: Detailed timeline and milestone dates
7. Required Approvals: List of necessary permits and approvals to be obtained
8. Form of Collateral Warranties: Template warranties required from subcontractors or consultants
9. Communication Protocol: Procedures for project communications and reporting
Authors
Applicable Laws
Architect
Authority Approvals
Building Permit (Baugenehmigung)
Business Day
Client
Client's Requirements
Commencement Date
Confidential Information
Construction Documents
Construction Phase
Consultant
Contract Sum
Contractor
Design Documents
Development Plan (Bebauungsplan)
Effective Date
Fee Schedule
Final Design
Force Majeure
Good Industry Practice
HOAI
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
Notice
Parties
Planning Permission
Pre-Construction Phase
Pre-Construction Services
Preliminary Design
Project
Project Brief
Project Programme
Project Site
Quality Standards
Relevant Authority
Schedule of Services
Services
Specifications
Statutory Requirements
Technical Requirements
Termination Date
Third Party
Time Schedule
VOB/B
Works
Appointment
Scope of Services
Consultant Obligations
Client Obligations
Programme and Time Schedule
Variations
Payment Terms
Intellectual Property Rights
Confidentiality
Data Protection
Force Majeure
Insurance
Liability and Indemnification
Warranties and Representations
Quality Assurance
Health and Safety
Environmental Compliance
Document Management
Reporting Requirements
Staff and Resources
Subcontracting
Permits and Approvals
Site Access
Termination
Suspension
Dispute Resolution
Assignment and Transfer
Notices
Amendment Procedures
Entire Agreement
Severability
Third Party Rights
Governing Law
Language
Anti-Corruption
Record Keeping
Transition to Construction Phase
Commercial Real Estate
Residential Development
Industrial Construction
Infrastructure Development
Healthcare Facilities
Educational Facilities
Retail Development
Hospitality
Mixed-Use Development
Public Sector Construction
Transportation
Energy and Utilities
Legal
Construction
Project Management
Commercial
Procurement
Technical
Planning
Risk & Compliance
Finance
Development
Design
Operations
Construction Manager
Project Director
Legal Counsel
Contract Manager
Chief Engineer
Architect
Quantity Surveyor
Cost Manager
Planning Coordinator
Technical Director
Procurement Manager
Risk Manager
Development Manager
Commercial Manager
Project Control Manager
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