Construction Management Agreement Template for Ireland

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Key Requirements PROMPT example:

Construction Management Agreement

"I need a Construction Management Agreement for a large-scale commercial office development in Dublin, with specific provisions for BIM implementation and LEED certification requirements, planned to commence in March 2025."

Document background
The Construction Management Agreement is a crucial document used when a property owner or developer requires professional construction management services for their project in Ireland. This agreement defines the relationship between the client and the construction manager, outlining the manager's role in planning, coordinating, and overseeing construction activities. It's particularly important for medium to large-scale projects where specialized expertise is needed to manage multiple contractors, ensure compliance with Irish building regulations, and maintain project efficiency. The agreement covers essential elements including scope of services, fee structures, performance standards, and risk allocation, all while ensuring compliance with Irish construction law, including the Building Control Acts and Safety, Health and Welfare at Work Regulations. It's designed to protect both parties' interests while establishing clear parameters for project delivery and professional services.
Suggested Sections

1. Parties: Identification of the Client and Construction Manager, including full legal names and addresses

2. Background: Context of the agreement, project overview, and purpose of engaging the Construction Manager

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Appointment and Scope of Services: Formal appointment and detailed scope of Construction Manager's services

5. Construction Manager's Obligations: Core duties, professional standards, and specific responsibilities

6. Client's Obligations: Client's responsibilities, including information provision and decision-making

7. Project Team and Personnel: Key personnel requirements, staffing obligations, and team structure

8. Programme and Time Management: Project timeline, milestones, and schedule management requirements

9. Payment and Fee Structure: Fee calculation, payment terms, and invoicing procedures

10. Changes and Variations: Process for managing changes to scope, fees, or programme

11. Insurance and Liability: Required insurance coverage and limitation of liability provisions

12. Regulatory Compliance: Compliance with Irish construction laws, health and safety requirements

13. Termination: Grounds and procedures for agreement termination

14. Dispute Resolution: Process for resolving disputes, including Irish jurisdiction provisions

15. General Provisions: Standard legal clauses including notices, assignment, and entire agreement

Optional Sections

1. Performance Bonds: Requirements for performance bonds when project size or risk profile demands additional security

2. BIM Requirements: Specific obligations regarding Building Information Modeling when required for the project

3. Sustainability Requirements: Special provisions for green building or sustainability certifications

4. Multiple Site Provisions: Additional terms for projects involving multiple construction sites

5. Phased Completion: Specific provisions for projects requiring phased completion and handover

6. International Procurement: Additional terms for projects involving international procurement of materials or services

7. Confidentiality and IP: Detailed confidentiality and intellectual property provisions for sensitive projects

8. Force Majeure: Specific force majeure provisions beyond standard terms when project has particular sensitivities to external events

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed fee calculation, rates, and payment milestones

3. Schedule 3 - Project Programme: Detailed project timeline, milestones, and critical dates

4. Schedule 4 - Key Personnel: Details of key team members and their roles/responsibilities

5. Schedule 5 - Client's Requirements: Detailed technical and operational requirements from the Client

6. Schedule 6 - Project Specific Requirements: Special requirements unique to the specific project

7. Schedule 7 - Insurance Requirements: Detailed insurance specifications and coverage levels

8. Schedule 8 - Forms and Templates: Standard forms for reporting, variations, and other project documentation

9. Appendix A - Site Information: Site details, surveys, and relevant technical information

10. Appendix B - Statutory Approvals: List of required permits, approvals, and compliance certificates

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

Commercial Real Estate

Residential Construction

Infrastructure Development

Healthcare Construction

Educational Facilities

Industrial Construction

Retail Development

Public Sector Construction

Hospitality Construction

Mixed-use Development

Relevant Teams

Legal

Construction

Project Management

Commercial

Operations

Risk and Compliance

Procurement

Property Development

Technical Services

Finance

Relevant Roles

Construction Manager

Project Director

Development Manager

Property Developer

Facilities Manager

Contract Manager

Commercial Director

Project Manager

Construction Director

Legal Counsel

Risk Manager

Procurement Manager

Cost Manager

Technical Director

Operations Manager

Industries
Building Control Acts 1990-2014: Primary legislation governing building works and standards in Ireland, including requirements for compliance, certification, and inspection
Safety, Health and Welfare at Work (Construction) Regulations 2013: Specific regulations for construction work safety, including duties of project supervisors and requirements for safety management
Construction Contracts Act 2013: Regulates payment practices in construction contracts and provides statutory protection for payments to contractors and subcontractors
Planning and Development Acts 2000-2022: Framework for planning permission and development regulations that must be considered in construction projects
Building Regulations 2017 (Technical Guidance Documents): Detailed technical requirements for construction works covering structure, fire safety, ventilation, and other aspects
Safety, Health and Welfare at Work Act 2005: General workplace safety legislation that applies to construction sites and management responsibilities
Construction Products Regulation (EU) No 305/2011: EU regulation implemented in Irish law governing construction products and materials standards
Protected Disclosures Act 2014: Whistleblowing legislation that may affect reporting of safety or compliance issues in construction projects
Environmental Protection Agency Act 1992: Regulations regarding environmental impact and protection during construction activities
Professional Services Contracts (Civil Law Commercial Partnership) Regulations: Regulations governing professional service agreements, relevant to the management services aspect of the contract
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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