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Pre Construction Agreement
"I need a Pre Construction Agreement for a commercial office development in Cape Town, with specific provisions for green building requirements and LEED certification processes, planned to commence in March 2025."
1. Parties: Identification of the parties entering into the agreement, including their registered details and representatives
2. Background: Context of the agreement, including project overview and purpose of pre-construction services
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided, including feasibility studies, cost estimates, and planning
5. Consultant's Obligations: Key responsibilities and duties of the consultant during the pre-construction phase
6. Client's Obligations: Responsibilities and duties of the client, including provision of information and access
7. Duration and Program: Timeline for pre-construction services and key milestones
8. Fee Structure and Payment Terms: Details of fees, payment schedule, and invoicing requirements
9. Professional Standards: Required standards of care, professional conduct, and compliance with regulations
10. Insurance and Liability: Insurance requirements and limitation of liability provisions
11. Intellectual Property: Ownership and usage rights of designs, documents, and other deliverables
12. Confidentiality: Protection and handling of confidential information
13. Termination: Circumstances and procedures for termination of the agreement
14. Dispute Resolution: Procedures for handling disputes and specified resolution mechanisms
15. General Provisions: Standard contract clauses including notices, governing law, and entire agreement
1. Environmental Management: Required when the project has significant environmental considerations or requires environmental impact assessments
2. BEE Requirements: Inclusion of Black Economic Empowerment requirements and compliance measures where applicable
3. Value Engineering: When specific cost optimization and value engineering services are required
4. Community Engagement: For projects requiring community consultation or having significant community impact
5. Multiple Phase provisions: When the project may be executed in multiple phases requiring specific pre-construction considerations
6. Site Investigation: When detailed site investigation services are part of pre-construction scope
7. Heritage Considerations: Required for projects involving heritage sites or historical buildings
1. Schedule A - Scope of Services: Detailed breakdown of pre-construction services and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule C - Program: Detailed timeline and milestone dates for pre-construction services
4. Schedule D - Key Personnel: List of key personnel and their roles in providing the services
5. Schedule E - Client's Requirements: Detailed specification of client's requirements and project objectives
6. Schedule F - Insurance Requirements: Detailed insurance requirements and minimum coverage amounts
7. Appendix 1 - Project Brief: Initial project brief and conceptual designs if available
8. Appendix 2 - Site Information: Available site information, surveys, and reports
9. Appendix 3 - Required Approvals: List of required statutory and regulatory approvals
Authors
Applicable Laws
Approval
Architect
Authority
Business Day
CIDB
Client
Client's Requirements
Commencement Date
Confidential Information
Consultant
Construction Documents
Construction Program
Contract Sum
Deliverables
Design Development
Effective Date
Environmental Laws
Feasibility Study
Fee Schedule
Force Majeure
Good Industry Practice
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
NBR
Notice
Party/Parties
Pre-Construction Phase
Pre-Construction Services
Principal Agent
Professional Team
Project
Project Brief
Project Site
Quantity Surveyor
Regulatory Approvals
Schedule of Services
Scope of Services
Services
Site Investigation
Statutory Requirements
Sub-Consultant
Technical Documentation
Term
Value Engineering
Works
Appointment
Duration
Scope of Services
Professional Standards
Consultant Obligations
Client Obligations
Fees and Payment
Key Personnel
Sub-Consulting
Health and Safety
Regulatory Compliance
Insurance
Liability and Indemnity
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Suspension
Termination
Dispute Resolution
Notices
Assignment
Environmental Compliance
Professional Registration
Quality Assurance
Documentation
Site Access
Variations
Warranties
Anti-Corruption
BEE Compliance
Entire Agreement
Severability
Governing Law
Waiver
Good Faith
Commercial Construction
Residential Development
Industrial Construction
Infrastructure Development
Mining Infrastructure
Healthcare Facilities
Educational Facilities
Retail Development
Mixed-use Development
Public Sector Construction
Legal
Commercial
Operations
Project Management
Construction
Development
Risk and Compliance
Procurement
Technical
Finance
Design
Project Manager
Construction Manager
Development Director
Commercial Director
Contract Manager
Legal Counsel
Quantity Surveyor
Chief Engineer
Architecture Director
Technical Director
Risk Manager
Procurement Manager
Planning Director
Operations Manager
Construction Director
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