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Construction Management Agreement Template for Australia

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Key Requirements PROMPT example:

Construction Management Agreement

"I need a Construction Management Agreement for a large-scale commercial development project in Brisbane, with particular emphasis on staged delivery and multiple trade packages, including provisions for BIM implementation and sustainability requirements."

Document background
The Construction Management Agreement is a critical document used in the Australian construction industry when a project owner requires professional construction management services for their development project. This agreement type is particularly suitable for complex projects where the principal seeks to retain greater control and flexibility over the construction process while benefiting from professional construction management expertise. The document establishes the construction manager's scope of services, which typically includes pre-construction planning, procurement management, construction supervision, and project close-out services. It incorporates requirements under Australian federal and state construction laws, including Work Health and Safety regulations, Security of Payment legislation, and the National Construction Code. The agreement is structured to provide clear delineation of responsibilities, risk allocation, and commercial terms while maintaining flexibility for project-specific requirements.
Suggested Sections

1. Parties: Identifies and provides details of the principal/owner and the construction manager

2. Background: Outlines the project context, purpose of the agreement, and basic premises

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Term: Establishes the formal appointment of the construction manager and duration of services

5. Construction Manager's Services: Details core services including pre-construction, construction phase, and post-construction services

6. Principal's Obligations: Outlines the principal's responsibilities, including provision of information and timely decisions

7. Personnel and Resources: Specifies key personnel requirements, staffing obligations, and resource commitments

8. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures

9. Time and Program: Establishes project timeline, milestones, and program management requirements

10. Quality Management: Sets quality standards, inspection requirements, and quality control procedures

11. Work Health and Safety: Defines WHS obligations, compliance requirements, and safety management procedures

12. Insurance and Liability: Specifies required insurances and addresses liability allocation

13. Intellectual Property: Covers ownership and usage rights of project documentation and intellectual property

14. Confidentiality: Establishes confidentiality obligations and information handling requirements

15. Dispute Resolution: Details the process for resolving disputes between parties

16. Termination: Specifies termination rights, procedures, and consequences

17. General Provisions: Contains standard boilerplate clauses including notices, governing law, and entire agreement

Optional Sections

1. Design Management: Include when construction manager has design management responsibilities

2. Value Management: Include for projects requiring formal value management processes

3. Sustainability Requirements: Include when project has specific sustainability or green building targets

4. Building Information Modeling: Include when BIM is required for the project

5. Security of Payment: Include detailed provisions when project involves significant subcontracting

6. Early Works: Include when construction manager performs services before main construction contract

7. Performance Incentives: Include when agreement includes performance bonuses or incentives

8. Community Engagement: Include for projects requiring significant community consultation

9. Heritage Requirements: Include for projects involving heritage buildings or sites

Suggested Schedules

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

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

3. Schedule 3 - Key Personnel: Details of key personnel and their roles/responsibilities

4. Schedule 4 - Program: Project timeline, milestones, and key dates

5. Schedule 5 - Site Details: Information about the project site and conditions

6. Schedule 6 - Required Insurances: Specific insurance requirements and coverage levels

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

8. Schedule 8 - WHS Management Plan: Detailed safety management procedures and requirements

9. Schedule 9 - Forms and Templates: Standard forms for project administration

10. Appendix A - Project Brief: Detailed project requirements and specifications

11. Appendix B - Drawing Register: List of project drawings and revisions

12. Appendix C - Reports Register: List of relevant reports and investigations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Commercial Construction

Residential Development

Industrial Construction

Infrastructure Development

Healthcare Construction

Education Facilities

Retail Development

Mining and Resources

Hospitality Development

Government and Public Works

Transport and Logistics

Sports and Recreation Facilities

Relevant Teams

Legal

Construction

Commercial

Operations

Project Management

Risk and Compliance

Procurement

Development

Technical Services

Contract Administration

Finance

Relevant Roles

Construction Manager

Project Director

Commercial Manager

Contract Administrator

Project Manager

Development Manager

Legal Counsel

Risk Manager

Procurement Manager

Operations Director

Chief Executive Officer

Construction Director

Technical Director

Quantity Surveyor

Site Manager

Facilities 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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