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Construction Management Agreement Template for Germany

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Key Requirements PROMPT example:

Construction Management Agreement

"I need a Construction Management Agreement for a large-scale commercial office development in Berlin, with specific provisions for LEED certification compliance and BIM implementation, planned to commence in March 2025."

Document background
The Construction Management Agreement is essential for projects requiring professional construction management services in Germany. It is used when a project owner needs specialized expertise to oversee and coordinate complex construction projects, ensuring compliance with German construction laws and regulations. The agreement defines the construction manager's scope of services, including pre-construction planning, project coordination, schedule management, cost control, quality assurance, and safety compliance. It incorporates key provisions from the German Civil Code (BGB), construction industry standards (VOB/B), and relevant building regulations. The document is particularly important for large-scale commercial, residential, or industrial projects where professional project management is crucial for successful delivery. It addresses specific German legal requirements regarding construction supervision, safety regulations, and environmental standards, while establishing clear lines of responsibility and risk allocation between the principal and the construction manager.
Suggested Sections

1. Parties: Identification of the Principal/Owner and the Construction Manager, including full legal names and addresses

2. Background: Context of the agreement, project overview, and basis for entering into the contract

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

4. Scope of Services: Detailed description of construction management services to be provided, including pre-construction, construction, and post-construction phases

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

6. Principal's Obligations: Client's responsibilities including provision of information, approvals, and access to the site

7. Project Timeline: Key milestones, completion dates, and schedule management requirements

8. Compensation and Payment Terms: Fee structure, payment schedule, and mechanisms for additional services

9. Changes and Variations: Procedures for handling changes to scope, schedule, or budget

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

11. Health and Safety: Safety responsibilities and compliance with German safety regulations

12. Insurance and Liability: Required insurance coverage and allocation of risks

13. Termination: Grounds and procedures for contract termination

14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

15. General Provisions: Standard contractual provisions including notices, amendments, and severability

Optional Sections

1. Design Management: Include when the Construction Manager has design review or management responsibilities

2. Procurement Management: Include when the Construction Manager is responsible for procurement activities

3. Environmental Management: Include for projects with significant environmental considerations or requirements

4. Building Information Modeling (BIM): Include when BIM is being used in the project

5. Value Engineering: Include when value engineering services are part of the scope

6. Multiple Phase Implementation: Include for projects with distinct phases or staged completion

7. Commissioning Management: Include when the Construction Manager is responsible for commissioning

8. Warranty Management: Include when post-completion warranty management is required

9. Public Relations: Include for high-profile projects requiring public communication management

Suggested Schedules

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

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

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

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

5. Schedule 5 - Project Specific Requirements: Special requirements or conditions specific to the project

6. Schedule 6 - Required Insurance: Detailed insurance requirements and coverage limits

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

8. Schedule 8 - Reporting Requirements: Format and frequency of required reports

9. Schedule 9 - Site Information: Site details, access requirements, and existing conditions

10. Appendix A - Form of Monthly Report: Template for monthly progress reports

11. Appendix B - Change Order Form: Standard form for processing changes

12. Appendix C - Health and Safety Requirements: Detailed safety procedures and requirements

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 Real Estate

Residential Development

Industrial Construction

Infrastructure Development

Healthcare Facilities

Educational Facilities

Retail Development

Hospitality

Mixed-Use Development

Public Sector Construction

Energy Infrastructure

Transportation Infrastructure

Manufacturing Facilities

Logistics Facilities

Relevant Teams

Legal

Operations

Construction

Project Management

Commercial

Procurement

Risk Management

Health and Safety

Quality Control

Technical Services

Development

Facilities Management

Contract Administration

Finance

Relevant Roles

Construction Manager

Project Director

Development Manager

Contract Manager

Project Manager

Construction Director

Technical Director

Chief Operating Officer

Facility Manager

Site Manager

Quality Control Manager

Health and Safety Manager

Cost Controller

Procurement Manager

Legal Counsel

Risk Manager

Commercial Manager

Operations 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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