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Construction Management Agreement
1. Parties: Identification of the Client and Construction Manager, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, brief description of the project, and purpose of engaging the Construction Manager
3. Definitions: Detailed definitions of terms used throughout the agreement, including project-specific terminology
4. Scope of Services: Detailed description of the Construction Manager's services, including pre-construction, construction, and post-construction phases
5. Project Parameters: Key project details including location, timeline, budget, and any specific requirements or constraints
6. Construction Manager's Obligations: Specific duties, responsibilities, and standard of care required from the Construction Manager
7. Client's Obligations: Responsibilities and obligations of the Client, including provision of information and timely decision-making
8. Project Team and Key Personnel: Identification of key team members, their roles, and procedures for replacement
9. Schedule and Timeline: Project timeline, milestones, and completion dates
10. Fees and Payment Terms: Compensation structure, payment schedule, and terms including any performance-based elements
11. Changes and Variations: Procedures for handling changes to scope, timeline, or budget
12. Insurance and Liability: Insurance requirements, liability limitations, and indemnification provisions
13. Termination: Grounds and procedures for termination, including consequences and payments
14. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration processes
15. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Sustainability Requirements: Specific environmental and sustainability obligations, used when project has specific green building or environmental certifications
2. Building Information Modeling (BIM): BIM requirements and protocols, included when project utilizes BIM technology
3. Quality Assurance and Control: Detailed quality management procedures, included for complex projects or when specifically required
4. Reporting Requirements: Specific reporting obligations and formats, included when client requires detailed project monitoring
5. Value Engineering: Procedures for cost optimization and value engineering, included when cost management is a key priority
6. Risk Management: Detailed risk management procedures, included for high-risk or complex projects
7. Health and Safety Requirements: Specific health and safety obligations beyond statutory requirements, included for high-risk projects
8. Commissioning and Handover: Detailed commissioning and handover procedures, included for complex technical installations
1. Schedule 1 - Scope of Services Matrix: Detailed matrix of all services to be provided by the Construction Manager across project phases
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including hourly rates, reimbursable expenses, and payment milestones
3. Schedule 3 - Project Program: Detailed project timeline with milestones and critical dates
4. Schedule 4 - Key Personnel: CVs and commitment levels of key team members
5. Schedule 5 - Client's Requirements: Detailed technical and operational requirements for the project
6. Schedule 6 - Reporting Templates: Standard formats for project reports and documentation
7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and coverage levels
8. Schedule 8 - Quality Management Plan: Quality assurance and control procedures
9. Schedule 9 - Project Organizational Chart: Structure of project team and reporting lines
10. Appendix A - Project Brief: Detailed description of the project scope and objectives
11. Appendix B - Site Information: Site-specific information and constraints
12. Appendix C - Form of Collateral Warranties: Standard forms for any required collateral warranties
Authors
AB 18
ABR 18
Applicable Laws
Approval
As-Built Documents
Building Permit
Client
Client's Requirements
Completion Date
Construction Documents
Construction Manager
Construction Phase
Construction Schedule
Contract Sum
Contractors
Defects
Design Documents
Design Team
Drawings
Effective Date
Fee
Force Majeure
Good Industry Practice
Handover
Key Personnel
Material Breach
Milestone
Notice
Payment Certificate
Performance Standards
Permits
Pre-Construction Phase
Project
Project Brief
Project Budget
Project Program
Project Site
Project Team
Quality Management Plan
Reimbursable Expenses
Risk Register
Services
Site Instructions
Specifications
Subcontractors
Substantial Completion
Technical Requirements
Time Schedule
Variation
Works
Scope of Services
Authority and Limitations
Standard of Care
Client Obligations
Project Management
Cost Management
Time Management
Quality Management
Reporting
Personnel
Subcontracting
Fees and Payment
Insurance
Liability
Indemnification
Intellectual Property
Confidentiality
Data Protection
Health and Safety
Environmental Protection
Force Majeure
Suspension
Termination
Dispute Resolution
Assignment
Notices
Governing Law
Entire Agreement
Severability
Amendments
Waiver
Third Party Rights
Compliance with Laws
Anti-Corruption
Record Keeping
Warranties
Risk Management
Document Control
Site Access
Testing and Inspection
Variations
Defects Liability
Performance Security
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