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Construction Management Contract

Construction Management Contract Template for Netherlands

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Key Requirements PROMPT example:

Construction Management Contract

"I need a Construction Management Contract for a sustainable commercial office development in Amsterdam, with construction starting March 2025, incorporating specific BREEAM requirements and BIM protocols, with a total project value of €25 million."

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Document background
The Construction Management Contract is a specialized agreement used in the Dutch construction industry when a client requires professional construction management services for their project. This contract type is particularly relevant for complex construction projects where specialized oversight and coordination are essential. The document, governed by Dutch law and compliant with the Burgerlijk Wetboek, establishes the construction manager's role in coordinating design, construction, and project delivery while managing various stakeholders. It includes comprehensive provisions for project control, risk management, quality assurance, and financial administration, making it suitable for both public and private sector projects. The contract addresses specific Dutch regulatory requirements, including building codes, environmental regulations, and safety standards, while providing flexibility to accommodate project-specific requirements.
Suggested Sections

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

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

3. Definitions and Interpretation: Detailed definitions of terms used throughout the contract and rules of interpretation

4. Appointment and Duration: Formal appointment of the Construction Manager, project duration, and key dates

5. Construction Manager's Obligations: Core duties and responsibilities including project management, coordination, scheduling, and quality control

6. Client's Obligations: Client's responsibilities including provision of information, approvals, and payment obligations

7. Project Control and Reporting: Requirements for project monitoring, progress reporting, and communication protocols

8. Fee Structure and Payment Terms: Detailed breakdown of fees, payment schedule, and invoicing procedures

9. Time Management: Project timeline, milestones, and procedures for managing delays and extensions

10. Quality Management: Quality standards, inspection procedures, and compliance requirements

11. Risk Management: Risk allocation, insurance requirements, and mitigation strategies

12. Variations and Changes: Procedures for handling changes to scope, timeline, or costs

13. Liability and Indemnification: Extent of liability, limitations, and indemnification obligations

14. Termination: Grounds for termination, procedures, and consequences

15. Dispute Resolution: Methods and procedures for resolving disputes, including Dutch arbitration provisions

16. General Provisions: Standard clauses including notices, governing law, and entire agreement

Optional Sections

1. Sustainability Requirements: Specific environmental and sustainability obligations, used when project has specific green building requirements

2. BIM Protocol: Building Information Modeling requirements and procedures, included when BIM is being used in the project

3. Multiple Phase Implementation: Specific provisions for projects delivered in phases, used for complex, multi-phase projects

4. Value Engineering: Procedures for cost optimization and value engineering, included for projects with significant cost management focus

5. Stakeholder Management: Procedures for managing multiple stakeholders, used in complex projects with multiple interested parties

6. Heritage Requirements: Special provisions for projects involving historic buildings or protected structures

7. Public Procurement Compliance: Additional requirements for public sector projects subject to procurement regulations

Suggested Schedules

1. Schedule 1 - Project Brief: Detailed description of the project scope, objectives, and requirements

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Program and Key Dates: Project timeline, milestones, and critical dates

4. Schedule 4 - Services Specification: Detailed scope of construction management services

5. Schedule 5 - Key Personnel: Details of key team members and their roles

6. Schedule 6 - Client's Requirements: Specific technical and operational requirements from the client

7. Schedule 7 - Quality Management Plan: Detailed quality assurance and control procedures

8. Schedule 8 - Required Insurance: Insurance types and coverage requirements

9. Schedule 9 - Forms of Bonds and Guarantees: Templates for required performance bonds or guarantees

10. Appendix A - Project Organization Chart: Organizational structure and reporting relationships

11. Appendix B - Communication Protocol: Detailed procedures for project communications

12. Appendix C - Risk Register: Initial risk assessment and management strategy

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approved Program
As-Built Documents
Building Permit
Change Order
Client
Client's Requirements
Commencement Date
Completion Date
Confidential Information
Construction Documents
Construction Manager
Construction Manager's Fee
Construction Phase
Construction Schedule
Consultant
Contract Documents
Contract Sum
Contractor
Defects
Deliverables
Design Documents
Design Team
Direct Costs
Dispute
Dutch Building Decree
Environmental Requirements
Extension of Time
Final Completion
Force Majeure
Good Industry Practice
Governmental Authority
Health and Safety Plan
Indemnified Parties
Insurance Requirements
Intellectual Property Rights
Key Personnel
Milestone
Notice
Party/Parties
Payment Certificate
Performance Standards
Permits
Project
Project Brief
Project Schedule
Quality Management Plan
Reasonable Skill and Care
Risk Register
Services
Site
Specifications
Subcontractor
Substantial Completion
Technical Requirements
Termination Date
Time for Completion
Variation
Works
Clauses
Appointment
Scope of Services
Duration
Construction Manager's Obligations
Client's Obligations
Fee and Payment
Project Management
Quality Control
Time Management
Cost Control
Risk Management
Health and Safety
Environmental Compliance
Insurance
Bonds and Guarantees
Variations
Extensions of Time
Force Majeure
Suspension
Termination
Liability and Indemnification
Intellectual Property
Confidentiality
Data Protection
Document Management
Reporting Requirements
Communication Protocol
Dispute Resolution
Governing Law
Assignment and Subcontracting
Notices
Entire Agreement
Severability
Third Party Rights
Representations and Warranties
Performance Standards
Site Access and Security
Permits and Approvals
Defects Liability
Testing and Commissioning
Handover Procedures
Relevant Industries

Commercial Real Estate

Residential Development

Industrial Construction

Infrastructure

Healthcare Facilities

Education Facilities

Retail Construction

Hospitality

Public Sector Construction

Mixed-use Development

Relevant Teams

Legal

Construction

Commercial

Operations

Procurement

Risk Management

Quality Assurance

Project Management

Technical Services

Contract Administration

Relevant Roles

Construction Manager

Project Director

Contract Manager

Commercial Director

Project Manager

Legal Counsel

Risk Manager

Procurement Manager

Technical Director

Operations Manager

Client Representative

Cost Manager

Quality Manager

Planning Manager

Construction Director

Industries
Dutch Civil Code (Burgerlijk Wetboek): The primary source of contract law in the Netherlands, particularly Book 6 (General Part of the Law of Obligations) and Book 7 (Specific Contracts), which govern contractual relationships and obligations
Dutch Building Decree (Bouwbesluit): Sets technical regulations for construction, renovation, and building use, including safety, health, usability, energy efficiency, and environmental requirements
Housing Act (Woningwet): Framework legislation for construction and housing regulations in the Netherlands, including building permit requirements
Working Conditions Act (Arbeidsomstandighedenwet): Regulates workplace safety and health conditions on construction sites, including responsibilities of construction managers
Environmental Management Act (Wet Milieubeheer): Controls environmental aspects of construction projects, including waste management and environmental impact assessments
Uniform Administrative Conditions for the Execution of Works (UAV 2012): Standard terms and conditions widely used in Dutch construction contracts, defining responsibilities and relationships between parties
Professional Rules for Construction Management (SWK Garantie- en waarborgregeling): Quality assurance and warranty regulations for construction management professionals
Crisis and Recovery Act (Crisis- en herstelwet): Legislation aimed at accelerating construction and infrastructure projects while maintaining environmental standards
Spatial Planning Act (Wet ruimtelijke ordening): Governs spatial planning aspects of construction projects, including zoning and land use requirements
Public Procurement Act (Aanbestedingswet): Regulates procurement procedures for construction projects, particularly relevant for public sector projects
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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