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Construction Management Contract
"I need a Construction Management Contract for a sustainable commercial office development in Amsterdam, with construction starting March 2025, incorporating specific BREEAM requirements and BIM protocols, with a total project value of €25 million."
1. Parties: Identification of the Client and Construction Manager, including full legal names and registered addresses
2. Background: Context of the agreement, project overview, and purpose of appointing the Construction Manager
3. Definitions and Interpretation: Detailed definitions of terms used throughout the contract and rules of interpretation
4. Appointment and Duration: Formal appointment of the Construction Manager, project duration, and key dates
5. Construction Manager's Obligations: Core duties and responsibilities including project management, coordination, scheduling, and quality control
6. Client's Obligations: Client's responsibilities including provision of information, approvals, and payment obligations
7. Project Control and Reporting: Requirements for project monitoring, progress reporting, and communication protocols
8. Fee Structure and Payment Terms: Detailed breakdown of fees, payment schedule, and invoicing procedures
9. Time Management: Project timeline, milestones, and procedures for managing delays and extensions
10. Quality Management: Quality standards, inspection procedures, and compliance requirements
11. Risk Management: Risk allocation, insurance requirements, and mitigation strategies
12. Variations and Changes: Procedures for handling changes to scope, timeline, or costs
13. Liability and Indemnification: Extent of liability, limitations, and indemnification obligations
14. Termination: Grounds for termination, procedures, and consequences
15. Dispute Resolution: Methods and procedures for resolving disputes, including Dutch arbitration provisions
16. General Provisions: Standard clauses including notices, governing law, and entire agreement
1. Sustainability Requirements: Specific environmental and sustainability obligations, used when project has specific green building requirements
2. BIM Protocol: Building Information Modeling requirements and procedures, included when BIM is being used in the project
3. Multiple Phase Implementation: Specific provisions for projects delivered in phases, used for complex, multi-phase projects
4. Value Engineering: Procedures for cost optimization and value engineering, included for projects with significant cost management focus
5. Stakeholder Management: Procedures for managing multiple stakeholders, used in complex projects with multiple interested parties
6. Heritage Requirements: Special provisions for projects involving historic buildings or protected structures
7. Public Procurement Compliance: Additional requirements for public sector projects subject to procurement regulations
1. Schedule 1 - Project Brief: Detailed description of the project scope, objectives, and requirements
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Program and Key Dates: Project timeline, milestones, and critical dates
4. Schedule 4 - Services Specification: Detailed scope of construction management services
5. Schedule 5 - Key Personnel: Details of key team members and their roles
6. Schedule 6 - Client's Requirements: Specific technical and operational requirements from the client
7. Schedule 7 - Quality Management Plan: Detailed quality assurance and control procedures
8. Schedule 8 - Required Insurance: Insurance types and coverage requirements
9. Schedule 9 - Forms of Bonds and Guarantees: Templates for required performance bonds or guarantees
10. Appendix A - Project Organization Chart: Organizational structure and reporting relationships
11. Appendix B - Communication Protocol: Detailed procedures for project communications
12. Appendix C - Risk Register: Initial risk assessment and management strategy
Authors
Commercial Real Estate
Residential Development
Industrial Construction
Infrastructure
Healthcare Facilities
Education Facilities
Retail Construction
Hospitality
Public Sector Construction
Mixed-use Development
Legal
Construction
Commercial
Operations
Procurement
Risk Management
Quality Assurance
Project Management
Technical Services
Contract Administration
Construction Manager
Project Director
Contract Manager
Commercial Director
Project Manager
Legal Counsel
Risk Manager
Procurement Manager
Technical Director
Operations Manager
Client Representative
Cost Manager
Quality Manager
Planning Manager
Construction Director
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