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Construction Management Agency Contract

Construction Management Agency Contract Template for South Africa

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Key Requirements PROMPT example:

Construction Management Agency Contract

"I need a Construction Management Agency Contract for a large-scale commercial development project in Cape Town, with construction starting March 2025, that includes specific provisions for green building certification and community engagement requirements."

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Document background
The Construction Management Agency Contract is specifically designed for use in the South African construction industry where a Principal/Employer requires professional construction management services delivered through an agency arrangement. This contract type is particularly suitable for complex projects requiring sophisticated project management and coordination of multiple stakeholders. It comprehensively addresses the unique aspects of South African construction law, including compliance with the Construction Industry Development Board Act, Occupational Health and Safety regulations, and B-BBEE requirements. The document establishes clear lines of authority, risk allocation, and professional responsibilities while providing flexibility for various project types and scales. It differs from traditional construction contracts in that the Construction Manager acts as the Principal's agent rather than taking on direct construction responsibilities, focusing on project management, coordination, and oversight of the construction process.
Suggested Sections

1. Parties: Identification of the Principal/Employer and the Construction Manager as Agent

2. Background: Context of the agreement, project overview, and basis for appointment

3. Definitions and Interpretation: Key terms, interpretation rules, and governing standards

4. Appointment and Authority: Scope of Construction Manager's appointment and extent of agency authority

5. Construction Manager's Obligations: Core services, professional duties, and management responsibilities

6. Principal's Obligations: Client's responsibilities, provision of information, and decision-making requirements

7. Project Parameters: Project specifics, timeline, budget, and quality requirements

8. Professional Team: Appointment and coordination of consultants and contractors

9. Health and Safety: OHS Act compliance and safety management obligations

10. Financial Provisions: Fee structure, payment terms, and financial management

11. Duration and Program: Project timeline, milestones, and program management

12. Risk and Insurance: Risk allocation, required insurance, and professional indemnity

13. Compliance and Regulations: Regulatory compliance including CIDB, environmental, and local authority requirements

14. Dispute Resolution: Dispute handling procedures and resolution mechanisms

15. Termination: Termination conditions, procedures, and consequences

16. General Provisions: Standard contractual provisions including notices, amendments, and governing law

Optional Sections

1. B-BBEE Provisions: Required for projects subject to B-BBEE requirements or public sector work

2. Environmental Management: Required for projects with significant environmental impact or requirements

3. Community Engagement: For projects requiring local community involvement or public consultation

4. Value Engineering: Optional section for projects with specific cost optimization requirements

5. Multiple Phase Provisions: Required when project is divided into distinct phases

6. Design Management: When Construction Manager has design review or management responsibilities

7. BIM Requirements: For projects utilizing Building Information Modeling

8. Quality Assurance System: Detailed quality management requirements for complex projects

Suggested Schedules

1. Schedule 1: Scope of Services: Detailed breakdown of Construction Manager's services and deliverables

2. Schedule 2: Fee Schedule: Detailed fee calculation, rates, and payment mechanisms

3. Schedule 3: Project Program: Detailed project timeline, milestones, and critical dates

4. Schedule 4: Project Team: Key personnel, organizational structure, and responsibilities

5. Schedule 5: Project Specific Requirements: Special conditions and requirements unique to the project

6. Schedule 6: Insurance Requirements: Detailed insurance specifications and coverage requirements

7. Schedule 7: Health and Safety Specifications: Specific health and safety requirements and procedures

8. Schedule 8: Quality Management Plan: Quality control procedures and standards

9. Appendix A: Project Brief: Detailed project description and objectives

10. Appendix B: Site Information: Site details, conditions, and access requirements

11. Appendix C: Statutory Approvals: List of required permits and approvals

12. Appendix D: Standard Forms: Templates for reports, certificates, and other standard documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























































Clauses










































Relevant Industries

Commercial Real Estate

Residential Development

Industrial Construction

Infrastructure Development

Healthcare Facilities

Educational Institutions

Retail Development

Mining Infrastructure

Government Buildings

Sports and Recreation Facilities

Transportation Infrastructure

Hospitality and Tourism

Mixed-Use Development

Relevant Teams

Legal

Construction

Commercial

Operations

Project Management

Risk and Compliance

Procurement

Technical Services

Business Development

Contract Administration

Relevant Roles

Construction Manager

Project Director

Contract Manager

Commercial Director

Development Manager

Project Manager

Legal Counsel

Risk Manager

Procurement Manager

Quantity Surveyor

Construction Director

Technical Director

Operations Manager

Business Development Manager

Compliance Officer

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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