Construction Management Agreement Template for Netherlands

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Key Requirements PROMPT example:

Construction Management Agreement

"I need a Construction Management Agreement under Dutch law for a sustainable office building project in Amsterdam, starting March 2025, with specific provisions for BREEAM certification requirements and BIM implementation."

Document background
The Construction Management Agreement is a critical document used when a project owner requires professional construction management services for their construction project in the Netherlands. This agreement type is particularly relevant for medium to large-scale construction projects where specialized oversight and coordination are essential. The Construction Management Agreement establishes the legal relationship between the client and the construction manager, detailing the scope of services, fee structure, and operational requirements while ensuring compliance with Dutch construction laws and regulations. It includes specific provisions required under Dutch law, including references to the Burgerlijk Wetboek and relevant construction regulations, making it suitable for projects ranging from commercial developments to infrastructure works. The document serves as the primary reference point for project delivery, risk management, and dispute resolution throughout the construction phase.
Suggested Sections

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

2. Background: Context of the agreement, brief description of the project, and the parties' intentions

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

4. Appointment and Term: Formal appointment of the Construction Manager and duration of the agreement

5. Construction Manager's Obligations: Core services and duties to be performed by the Construction Manager

6. Client's Obligations: Responsibilities and duties of the Client, including provision of information and access

7. Project Parameters: Key project details including timeline, budget, and quality requirements

8. Programme and Progress: Requirements for project scheduling, monitoring, and reporting

9. Fee and Payment Terms: Construction Management fee structure, payment schedule, and invoicing procedures

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

11. Quality Management: Quality control and assurance requirements

12. Health and Safety: Safety management obligations and compliance with Dutch safety regulations

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

14. Intellectual Property: Ownership and usage rights of project documentation and designs

15. Confidentiality: Protection of confidential information and trade secrets

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

17. Dispute Resolution: Procedures for resolving disputes, including applicable Dutch law provisions

18. General Provisions: Standard boilerplate clauses including notices, assignment, and severability

Optional Sections

1. Multi-Party Coordination: Required when multiple contractors or consultants are involved, defining coordination responsibilities

2. BIM Requirements: Include when Building Information Modeling is part of the project delivery method

3. Sustainability Requirements: Include when specific environmental or sustainability certifications are required

4. Value Engineering: Include when value engineering services are part of the scope

5. Risk Management: Detailed risk management procedures for high-risk or complex projects

6. Force Majeure: Extended provisions for force majeure events, particularly relevant post-COVID

7. Performance Bonds: Include when performance bonds or other financial securities are required

8. International Considerations: Required for projects involving international parties or cross-border elements

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: Names and roles of key team members and their responsibilities

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

6. Schedule 6 - Communication Protocols: Procedures for project communications and reporting

7. Schedule 7 - Quality Management Plan: Detailed quality management procedures and standards

8. Schedule 8 - Health and Safety Plan: Detailed health and safety procedures and requirements

9. Schedule 9 - Required Insurance: Specific insurance requirements and coverage levels

10. Appendix A - Project Drawings: Reference drawings and specifications

11. Appendix B - Forms and Templates: Standard forms for project administration

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

Infrastructure

Commercial Property

Industrial

Residential Development

Healthcare

Education

Retail

Hospitality

Public Sector

Energy

Transportation

Relevant Teams

Legal

Construction

Commercial

Operations

Procurement

Risk Management

Project Management

Technical Services

Quality Assurance

Health and Safety

Finance

Contract Administration

Relevant Roles

Construction Manager

Project Director

Contract Manager

Commercial Director

Legal Counsel

Project Manager

Construction Director

Development Manager

Risk Manager

Procurement Manager

Operations Director

Technical Director

Cost Manager

Quality Manager

Health and Safety 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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