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Owner Construction Manager Agreement

Owner Construction Manager Agreement Template for South Africa

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Key Requirements PROMPT example:

Owner Construction Manager Agreement

"I need an Owner Construction Manager Agreement for a large-scale retail development project in Cape Town, with specific provisions for phased construction and multiple tenant fit-outs, where the construction manager will need to coordinate with various retail tenants and their contractors."

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Document background
The Owner Construction Manager Agreement is a crucial document used in the South African construction industry when a property owner wishes to engage a professional construction manager to oversee and manage construction projects. This agreement is essential for projects requiring specialized project management expertise and is structured to comply with South African legislation, including the Construction Industry Development Board Act, Occupational Health and Safety Act, and relevant building regulations. The document establishes the construction manager's scope of authority, responsibilities for project oversight, cost management, quality control, and safety compliance. It is particularly relevant for complex construction projects where professional construction management services are required to ensure efficient project delivery, risk management, and regulatory compliance. The agreement includes specific provisions for professional registration requirements, insurance obligations, and industry standards that are unique to the South African construction sector.
Suggested Sections

1. Parties: Identification of the Owner and Construction Manager, including registration details and physical addresses

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

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

4. Appointment and Scope: Formal appointment of the Construction Manager and detailed scope of services

5. Construction Manager's Obligations: Detailed responsibilities including project management, cost control, quality assurance, and safety compliance

6. Owner's Obligations: Responsibilities of the Owner including providing information, approvals, and payment

7. Project Timeline: Project phases, milestones, and completion dates

8. Compensation and Payment: Fee structure, payment terms, and invoicing procedures

9. Professional Standards: Required standards of care, compliance with regulations, and professional registration requirements

10. Health and Safety: Safety obligations under OHS Act and Construction Regulations

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

12. Intellectual Property: Ownership and usage rights of project documents and deliverables

13. Confidentiality: Protection of confidential information and trade secrets

14. Termination: Grounds for termination, notice requirements, and consequences

15. Dispute Resolution: Process for resolving disputes including mediation and arbitration

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

Optional Sections

1. Performance Guarantees: Optional section for projects requiring specific performance guarantees or bonds

2. Environmental Management: Required for projects with significant environmental impact considerations

3. BEE Compliance: Required when project falls under B-BBEE requirements

4. Multiple Project Sites: Required when managing construction across multiple locations

5. Design Review Services: Optional when Construction Manager is involved in design review

6. Value Engineering: Optional section for projects requiring cost optimization services

7. Community Engagement: Required for projects with significant community impact

8. Training and Skills Development: Optional section for projects including skills transfer requirements

Suggested Schedules

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

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

3. Schedule C - Project Program: Detailed project timeline and milestones

4. Schedule D - Key Personnel: List of key team members and their roles

5. Schedule E - Project Specific Requirements: Special requirements or specifications for the project

6. Schedule F - Site Information: Details about the construction site and conditions

7. Schedule G - Health and Safety Requirements: Specific health and safety procedures and requirements

8. Schedule H - Required Forms and Reports: Templates for project reporting and documentation

9. Appendix 1 - Professional Indemnity Insurance: Insurance certificates and coverage details

10. Appendix 2 - Construction Manager's Qualifications: Professional registrations and qualifications

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
Architect
As-Built Drawings
Bill of Quantities
CIDB
Client
Commencement Date
Completion Date
Confidential Information
Construction Documents
Construction Manager
Construction Period
Construction Program
Construction Regulations
Construction Works
Contract Sum
Contractor
Defects
Deliverables
Design Team
Engineer
Extension of Time
Fee
Force Majeure
Good Industry Practice
Health and Safety File
Health and Safety Plan
Intellectual Property Rights
Key Personnel
Material Breach
Milestones
OHS Act
Owner
Party/Parties
Payment Certificate
Practical Completion
Pre-Construction Services
Professional Team
Project
Project Budget
Project Program
Project Site
Quantity Surveyor
SACPCMP
Schedule of Services
Services
Site Instructions
Snag List
Sub-Contractor
Substantial Completion
Termination Date
Variation
Works
Clauses
Appointment
Scope of Services
Duration
Construction Manager's Obligations
Owner's Obligations
Professional Standards
Project Management
Cost Control
Quality Assurance
Health and Safety
Environmental Compliance
Regulatory Compliance
Professional Registration
Compensation
Payment Terms
Performance Standards
Project Timeline
Reporting Requirements
Document Control
Site Access
Insurance
Indemnification
Limitation of Liability
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Suspension
Termination
Dispute Resolution
Governing Law
Assignment
Subcontracting
Notices
Variation
Warranties
Risk Allocation
BEE Compliance
Anti-Corruption
Entire Agreement
Relevant Industries

Commercial Real Estate

Residential Development

Industrial Construction

Infrastructure Development

Mining

Healthcare Facilities

Educational Facilities

Retail Development

Hospitality

Manufacturing

Relevant Teams

Legal

Operations

Construction

Development

Procurement

Risk and Compliance

Commercial

Technical Services

Project Controls

Property Management

Relevant Roles

Construction Manager

Project Director

Development Manager

Property Developer

Facilities Manager

Contract Manager

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Technical Director

Commercial Manager

Project Control Manager

Industries
Construction Industry Development Board Act 38 of 2000: Provides for the establishment of the Construction Industry Development Board and regulates the construction industry, including registration requirements for contractors and construction managers
Occupational Health and Safety Act 85 of 1993: Sets out the fundamental health and safety requirements for construction work and the responsibilities of construction managers in ensuring workplace safety
Construction Regulations 2014: Specific regulations under the OHS Act that detail safety requirements for construction work, including the appointment and duties of construction managers
National Building Regulations and Building Standards Act 103 of 1977: Provides for the establishment of national building regulations and standards for construction works
Basic Conditions of Employment Act 75 of 1997: Regulates basic conditions of employment, working hours, leave, and other employment matters that construction managers must comply with
Labour Relations Act 66 of 1995: Governs labor relations and collective bargaining in the construction industry
National Environmental Management Act 107 of 1998: Sets out environmental management principles that must be considered in construction projects
Consumer Protection Act 68 of 2008: Protects consumers' rights and applies to construction contracts with residential clients
Project and Construction Management Professions Act 48 of 2000: Regulates the registration and professional conduct of construction managers through the South African Council for Project and Construction Management Professions
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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