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Construction Teaming Agreement

Construction Teaming Agreement Template for South Africa

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Key Requirements PROMPT example:

Construction Teaming Agreement

"Need a Construction Teaming Agreement for collaboration between our construction company and a specialist engineering firm to jointly bid on a major hospital development project in Cape Town, with specific focus on B-BBEE Level 2 compliance requirements and risk sharing arrangements."

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Document background
Construction Teaming Agreements are essential documents in the South African construction industry, particularly when multiple parties seek to combine their expertise, resources, and capabilities to pursue large-scale construction projects. These agreements are used when companies want to collaborate while maintaining their separate legal identities, typically during the pre-award phase of a project. The document addresses crucial elements required under South African law, including B-BBEE compliance, construction industry regulations, and local content requirements. It provides a structured framework for collaboration while protecting each party's interests through clear delineation of roles, responsibilities, and commercial terms. The agreement is particularly important in public sector projects where compliance with local regulations and demonstration of combined capabilities is crucial for successful project pursuit.
Suggested Sections

1. Parties: Identification of the parties entering into the teaming agreement, including their registration details and addresses

2. Background: Context of the agreement, including the project opportunity and reason for collaboration

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

4. Purpose and Scope: Detailed description of the teaming arrangement's purpose and scope of collaboration

5. Roles and Responsibilities: Specific duties and responsibilities of each party in the teaming arrangement

6. Exclusivity: Terms regarding exclusive collaboration for the specific project opportunity

7. Proposal Preparation and Submission: Process and responsibilities for preparing and submitting the project proposal

8. Cost and Resource Allocation: Distribution of costs and resources during the teaming phase

9. Confidentiality: Protection of confidential information shared during the collaboration

10. Intellectual Property: Ownership and usage rights of intellectual property developed during the collaboration

11. Term and Termination: Duration of the agreement and circumstances for termination

12. B-BBEE Compliance: Commitments and requirements regarding B-BBEE compliance

13. General Provisions: Standard legal provisions including notices, governing law, and dispute resolution

Optional Sections

1. Project Management Structure: Detailed organizational structure for managing the collaboration, recommended for complex projects

2. Risk Sharing: Specific arrangements for sharing risks during the proposal and execution phases, important for high-risk projects

3. Success Fee Arrangements: Terms for sharing success fees or bonuses, relevant when such incentives are part of the project

4. Joint Venture Conversion: Process for converting the teaming agreement into a joint venture upon project award

5. Insurance Requirements: Specific insurance obligations of each party, important for high-risk construction projects

6. Environmental Compliance: Specific environmental obligations and commitments, necessary for projects with significant environmental impact

7. Local Content Requirements: Specific provisions for meeting local content requirements, important for public sector projects

8. Dispute Resolution Procedures: Detailed procedures for resolving disputes, recommended for complex or high-value projects

Suggested Schedules

1. Schedule A - Project Description: Detailed description of the target project

2. Schedule B - Resource Contribution: Detailed breakdown of resources to be contributed by each party

3. Schedule C - Cost Allocation Matrix: Detailed breakdown of cost sharing arrangements

4. Schedule D - Proposal Preparation Timeline: Timeline and milestones for proposal preparation

5. Schedule E - Key Personnel: List of key personnel from each party involved in the teaming arrangement

6. Schedule F - B-BBEE Certificates: Copies of current B-BBEE certificates and compliance documentation

7. Schedule G - Confidentiality Requirements: Detailed confidentiality obligations and procedures

8. Appendix 1 - Communication Protocols: Procedures for communication between parties

9. Appendix 2 - Required Forms and Certifications: Standard forms and certifications required for the project

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
B-BBEE
Background IP
Bid
Business Day
Commencement Date
Confidential Information
Construction Works
Contract Price
Cost Share Ratio
Deliverables
Effective Date
Force Majeure
Foreground IP
Key Personnel
Lead Party
Material Breach
Non-Compete Period
Participating Interest
Party/Parties
Project
Project Manager
Proposal
Proprietary Information
Representative
Request for Proposal
Scope of Work
Services
Site
Subcontractor
Success Fee
Target Project
Team Leader
Teaming Period
Technical Information
Tender
Term
Work Share
Works
Clauses
Purpose and Scope
Duration
Exclusivity
Roles and Responsibilities
Cost Sharing
Resource Allocation
Proposal Preparation
Project Management
Confidentiality
Intellectual Property
B-BBEE Compliance
Health and Safety
Environmental Compliance
Risk Allocation
Insurance
Liability
Indemnification
Force Majeure
Dispute Resolution
Termination
Assignment
Subcontracting
Warranties
Competition Restrictions
Notices
Governing Law
Amendment
Severability
Entire Agreement
Success Fee
Performance Guarantees
Local Content Requirements
Anti-Corruption
Documentation and Records
Communication Protocols
Quality Assurance
Relevant Industries

Construction

Infrastructure Development

Commercial Real Estate

Industrial Development

Mining

Energy

Transportation

Public Works

Residential Development

Healthcare Infrastructure

Relevant Teams

Legal

Commercial

Operations

Business Development

Risk Management

Procurement

Technical

Bid Management

Compliance

Finance

Executive Leadership

Relevant Roles

Construction Manager

Project Director

Commercial Director

Legal Counsel

Contract Manager

Business Development Manager

Operations Director

Chief Executive Officer

Risk Manager

Procurement Manager

Technical Director

Bid Manager

Compliance Officer

B-BBEE Manager

Financial Director

Industries
Construction Industry Development Board Act 38 of 2000: Provides for the establishment of the Construction Industry Development Board and regulates the construction industry's practices and procedures
Occupational Health and Safety Act 85 of 1993: Governs workplace safety requirements and regulations, particularly important in construction projects
Construction Regulations 2014: Specific regulations under the OHS Act dealing with construction-specific safety requirements and responsibilities
Broad-Based Black Economic Empowerment Act 53 of 2003: Governs B-BBEE requirements and compliance in construction contracts, particularly important for public sector projects
Competition Act 89 of 1998: Regulates anti-competitive practices and ensures fair competition in teaming arrangements
National Building Regulations and Building Standards Act 103 of 1977: Sets standards for construction work and building practices
Consumer Protection Act 68 of 2008: Provides for consumer protection and may apply to certain aspects of construction contracts
Environmental Conservation Act 73 of 1989: Governs environmental impact considerations in construction projects
National Environmental Management Act 107 of 1998: Provides for co-operative environmental governance and establishes principles for decision-making on matters affecting the environment
Labour Relations Act 66 of 1995: Governs labor relations and employment practices in construction 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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