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Construction Management At Risk Agreement
"I need a Construction Management At Risk Agreement under Dutch law for a sustainable commercial office development in Amsterdam, with construction starting March 2025, incorporating BREEAM certification requirements and BIM modeling provisions."
1. Parties: Identification of the Owner and Construction Manager, including their legal details and representatives
2. Background: Project context, purpose of the agreement, and brief description of the CMAR delivery method
3. Definitions: Definitions of key terms including GMP, Cost of Work, Construction Manager's Fee, and project-specific terminology
4. Scope of Services: Detailed description of Construction Manager's services in both pre-construction and construction phases
5. Construction Manager's Responsibilities: Core obligations including project management, cost control, scheduling, and quality assurance
6. Owner's Responsibilities: Owner's obligations including providing information, approvals, and site access
7. Project Timeline: Key milestone dates, phase transitions, and completion requirements
8. Guaranteed Maximum Price (GMP): GMP establishment process, components, and conditions for adjustment
9. Payment Terms: Payment schedule, application process, and certification requirements
10. Changes and Variations: Procedures for handling change orders and variations to the scope
11. Risk Allocation: Distribution of risks between parties and risk management procedures
12. Insurance and Securities: Required insurance coverage, bonds, and other security requirements
13. Quality Control: Quality management procedures and standards
14. Health, Safety and Environment: HSE requirements and compliance with Dutch regulations
15. Subcontracting: Procedures for subcontractor selection, management, and owner's rights
16. Termination: Grounds and procedures for contract termination by either party
17. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration
18. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Building Information Modeling (BIM): Include when BIM is required for project delivery, specifying protocols and responsibilities
2. Sustainability Requirements: Include for projects with specific environmental or sustainability certifications
3. Value Engineering: Include when formal value engineering process is required
4. Commissioning: Include for projects requiring detailed commissioning procedures
5. Multiple Phase Implementation: Include when project is divided into distinct implementation phases
6. Foreign Currency Provisions: Include for projects involving international procurement or payments
7. Community Engagement: Include when project requires specific community relations management
8. Archaeological Findings: Include for projects in historically sensitive areas
9. Intellectual Property Rights: Include when design or innovative construction methods are involved
1. Schedule A - Project Description: Detailed description of the project scope and technical requirements
2. Schedule B - GMP Breakdown: Detailed breakdown of the Guaranteed Maximum Price components
3. Schedule C - Project Schedule: Detailed project timeline with milestones and critical path
4. Schedule D - Key Personnel: List of key personnel from both parties with roles and responsibilities
5. Schedule E - Required Insurance: Detailed insurance requirements and coverage limits
6. Schedule F - Forms and Procedures: Standard forms for applications, certificates, and changes
7. Schedule G - Technical Specifications: Detailed technical requirements and standards
8. Schedule H - Site Information: Site conditions, surveys, and existing infrastructure information
9. Schedule I - Quality Management Plan: Detailed quality control and assurance procedures
10. Schedule J - HSE Requirements: Detailed health, safety, and environmental requirements
11. Schedule K - Subcontractor Requirements: Qualification criteria and management procedures for subcontractors
12. Schedule L - Payment Procedures: Detailed procedures for payment applications and processing
Authors
Commercial Real Estate
Industrial Construction
Infrastructure Development
Healthcare Facilities
Educational Institutions
Public Buildings
Residential Development
Energy Facilities
Transportation
Mixed-use Development
Legal
Commercial
Operations
Finance
Risk Management
Procurement
Project Controls
Quality Assurance
Health Safety Environment
Technical Services
Construction Management
Contract Administration
Construction Manager
Project Director
Contract Manager
Commercial Director
Risk Manager
Project Controls Manager
Chief Financial Officer
Operations Director
Legal Counsel
Procurement Manager
Quality Assurance Manager
Cost Controller
Planning Manager
Technical Director
HSE Manager
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