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Construction Consulting Contract
"I need a Construction Consulting Contract for a large-scale commercial development project in Auckland, New Zealand, where we'll be engaging a consulting firm to provide both design review and construction monitoring services starting March 2025, with specific emphasis on sustainable building practices and BIM requirements."
1. Parties: Identifies and provides full legal details of the consultant and the client
2. Background: Outlines the context of the agreement, including the project overview and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. Appointment and Scope of Services: Details the consultant's appointment and describes the agreed services to be provided
5. Consultant's Obligations: Sets out the consultant's duties, responsibilities, and standard of care
6. Client's Obligations: Specifies the client's responsibilities and obligations to enable the consultant to perform the services
7. Time for Performance: Establishes project timelines, milestones, and delivery schedules
8. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures
9. Variations: Procedures for varying the scope of services and associated fee adjustments
10. Insurance and Liability: Specifies required insurance coverage and limitations of liability
11. Intellectual Property: Addresses ownership and usage rights of project documents and intellectual property
12. Confidentiality: Obligations regarding confidential information and its protection
13. Termination: Grounds and procedures for termination of the agreement
14. Dispute Resolution: Procedures for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement
1. Health and Safety: Detailed health and safety obligations when the consultant has site presence or safety responsibilities
2. Building Information Modeling (BIM): Specific provisions for BIM requirements when the project involves BIM delivery
3. Environmental Compliance: Environmental obligations when the project has significant environmental considerations
4. Subconsultants: Provisions regarding the appointment and management of subconsultants when their use is anticipated
5. Quality Assurance: Specific quality management requirements for complex projects
6. Security of Payment: Additional payment security provisions for high-value contracts
7. Force Majeure: Specific provisions for handling unforeseen events, particularly relevant post-COVID
8. Professional Development: Requirements for maintaining professional qualifications when specific certifications are crucial
1. Schedule 1: Scope of Services: Detailed description of all services to be provided, including deliverables
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3: Program: Detailed project program including milestones and delivery dates
4. Schedule 4: Key Personnel: Details of key team members and their roles/responsibilities
5. Schedule 5: Client's Requirements: Specific client standards, requirements, and specifications
6. Schedule 6: Insurance Requirements: Detailed insurance requirements and minimum coverage levels
7. Appendix A: Project Brief: Detailed project background and requirements
8. Appendix B: Special Conditions: Any special terms or conditions specific to the project
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Public Works
Industrial Construction
Healthcare Construction
Education Construction
Retail Development
Hospitality Development
Transport Infrastructure
Environmental Construction
Mining Construction
Legal
Operations
Commercial
Procurement
Risk Management
Project Management
Business Development
Contract Administration
Quality Assurance
Technical Services
Executive Leadership
Construction Consultant
Project Manager
Contract Manager
Legal Counsel
Construction Director
Commercial Manager
Procurement Manager
Risk Manager
Development Manager
Construction Manager
Technical Director
Chief Operating Officer
Managing Director
Business Development Manager
Bid Manager
Quality Assurance Manager
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