Pre Construction Agreement Template for Nigeria

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Key Requirements PROMPT example:

Pre Construction Agreement

"I need a Pre-Construction Agreement for a commercial shopping mall development in Lagos, Nigeria, with strict local content requirements, where ABC Developers Limited will engage XYZ Consultants for pre-construction services starting March 2025."

Document background
The Pre-Construction Agreement serves as a crucial document in the initial phases of construction projects in Nigeria, establishing the framework for pre-construction services before the main construction contract commences. It is typically used when a project requires detailed planning, feasibility assessment, and preliminary work before construction can begin. The agreement ensures compliance with Nigerian construction regulations, environmental laws, and professional standards while defining the scope of services, deliverables, and payment terms. This document is particularly important for complex projects requiring careful planning and coordination among multiple stakeholders. It addresses key aspects such as preliminary design review, cost estimation, scheduling, risk assessment, and where applicable, local content requirements under Nigerian law.
Suggested Sections

1. Parties: Identification and details of the contracting parties including the employer and pre-construction service provider

2. Background: Context of the project and purpose of the pre-construction agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided

5. Duration and Timeline: Period of pre-construction services and key milestone dates

6. Consultant's Obligations: Detailed responsibilities and duties of the pre-construction consultant

7. Client's Obligations: Responsibilities and duties of the client including provision of information and access

8. Fees and Payment Terms: Pre-construction service fees, payment schedule, and payment conditions

9. Professional Standards: Required standards of care and professional conduct

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

11. Confidentiality: Protection and handling of confidential information

12. Liability and Insurance: Limitation of liability and required insurance coverage

13. Termination: Grounds and procedures for termination of the agreement

14. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration

15. Governing Law: Specification of Nigerian law as governing law and jurisdiction

Optional Sections

1. Local Content Requirements: Section addressing Nigerian local content requirements, particularly relevant for oil and gas projects

2. Environmental Compliance: Specific environmental obligations and compliance requirements if the project has significant environmental impacts

3. Tender Process Management: If the pre-construction services include managing a tender process for the main construction contract

4. Value Engineering: If specific value engineering services are required as part of pre-construction planning

5. BIM Requirements: If Building Information Modeling is to be used in the project

6. Force Majeure: Specific provisions for force majeure events if required given project circumstances

7. Step-in Rights: Client's rights to step in and take over services if necessary

8. Anti-Corruption Provisions: Detailed anti-corruption clauses if working with public entities or international organizations

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 - Project Program: Preliminary project timeline and key dates

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

5. Schedule 5 - Client's Requirements: Detailed client's requirements and project specifications

6. Schedule 6 - Required Insurance: Details of required insurance coverage

7. Appendix A - Site Information: Available site information and surveys

8. Appendix B - Forms and Templates: Standard forms and templates to be used during pre-construction phase

9. Appendix C - Relevant Permits and Licenses: Copies or lists of required permits and licenses

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

Construction

Real Estate Development

Infrastructure

Oil and Gas

Commercial Property

Industrial Development

Healthcare Facilities

Educational Institutions

Hospitality

Retail Development

Manufacturing

Relevant Teams

Legal

Operations

Project Management

Commercial

Procurement

Technical

Risk & Compliance

Finance

Business Development

Environmental & Sustainability

Relevant Roles

Project Director

Construction Manager

Development Manager

Contract Manager

Legal Counsel

Project Manager

Commercial Director

Technical Director

Chief Operating Officer

Procurement Manager

Risk Manager

Cost Manager

Planning Manager

Environmental Compliance Officer

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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