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Pre Construction Agreement
"I need a Pre-Construction Agreement for a commercial office development in Auckland, New Zealand, with services commencing January 2025, including specific provisions for BIM implementation and early contractor involvement."
1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the agreement, brief project description, and purpose of pre-construction services
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation
4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided
5. Consultant's Obligations: Key responsibilities and duties of the consultant during the pre-construction phase
6. Client's Obligations: Responsibilities of the client, including provision of information and access
7. Time and Program: Timeline for pre-construction services, key milestones, and delivery dates
8. Fees and Payment: Pre-construction service fees, payment schedule, and payment terms
9. Variations: Process for varying the scope of pre-construction services
10. Intellectual Property: Ownership and usage rights of documents and designs produced
11. Confidentiality: Protection and handling of confidential information
12. Liability and Insurance: Liability limitations and required insurance coverage
13. Termination: Circumstances and process for terminating the agreement
14. Disputes Resolution: Process for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, governing law, and assignment
1. Transition to Construction Phase: Include when there's a potential for the consultant to be engaged for the main construction phase
2. Value Management: Include for complex projects requiring cost optimization and value engineering services
3. Stakeholder Management: Include when the project involves multiple stakeholders or public consultation
4. Resource Consent Services: Include when the consultant will assist with resource consent applications
5. Building Information Modeling (BIM): Include when BIM services are part of pre-construction planning
6. Sustainability Requirements: Include when the project has specific environmental or sustainability goals
7. Risk Management: Include for high-risk or complex projects requiring detailed risk assessment
8. Early Contractor Involvement: Include when early contractor engagement is part of the pre-construction strategy
1. Schedule 1 - Scope of Services: Detailed breakdown of pre-construction services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Program: Detailed timeline and milestone dates for pre-construction services
4. Schedule 4 - Key Personnel: List of key personnel and their roles in providing the services
5. Schedule 5 - Client's Requirements: Detailed project brief and client's specific requirements
6. Schedule 6 - Insurance Requirements: Specific insurance types and coverage levels required
7. Appendix A - Project Brief: Initial project documentation and requirements
8. Appendix B - Form of Reports: Templates or formats for required reports and documentation
Authors
Commercial Construction
Residential Construction
Infrastructure Development
Industrial Construction
Public Sector Construction
Healthcare Construction
Education Sector Construction
Retail Development
Mixed-Use Development
Legal
Commercial
Construction
Project Management
Risk Management
Design
Procurement
Planning
Development
Estimating
Contract Administration
Construction Manager
Project Director
Commercial Manager
Contract Administrator
Project Manager
Quantity Surveyor
Construction Consultant
Legal Counsel
Risk Manager
Cost Manager
Design Manager
Planning Manager
Procurement Manager
Development Manager
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