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Construction Management Agreement

This template outlines the terms and conditions between a client and a construction management company for a specific project. It details the scope of services, compensation, and responsibilities of both parties.

Updated 15d ago
constructionmanagementagreementcontractproject management southern africa

Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Construction Management Agreement

This Construction Management Agreement ("Agreement") is made and entered into as of this {{day}} day of {{month}}, {{year}}, by and between:

{{client_company_name}}, a company duly incorporated and existing under the laws of {{country}}, with its principal place of business at {{client_address}} ("Client"); and

{{management_company_name}}, a company duly incorporated and existing under the laws of {{country}}, with its principal place of business at {{management_address}} ("Construction Manager").

Collectively referred to as the "Parties" and individually as a "Party".

Recitals

WHEREAS, the Client desires to engage the Construction Manager to provide construction management services for the project known as {{project_name}}, located at {{project_site_address}} ("the Project"); and

WHEREAS, the Construction Manager possesses the necessary expertise, experience, and resources to perform such construction management services; and

WHEREAS, the Parties wish to set forth the terms and conditions governing the engagement of the Construction Manager by the Client.

Scope of Services

The Construction Manager shall provide comprehensive construction management services as detailed in Appendix A: Scope of Services, which may include, but is not limited to:

a) Project planning and scheduling.

b) Budget development and cost control.

c) Procurement and contract administration.

d) On-site supervision and quality control.

e) Health, safety, and environmental management.

f) Reporting and communication with the Client.

Compensation

In consideration for the services rendered by the Construction Manager, the Client shall pay the Construction Manager a fee of {{management_fee_amount}} ({{management_fee_currency}}) as per the payment schedule outlined in Appendix B: Payment Schedule.

Expenses incurred by the Construction Manager in the performance of services, as approved by the Client, shall be reimbursed at cost. Such expenses must be supported by valid receipts or invoices.

Client's Responsibilities

The Client shall provide the Construction Manager with all necessary information, approvals, and access to the Project site to facilitate the performance of services.

The Client shall make timely payments as per the agreed-upon payment schedule.

The Client shall appoint a representative, {{client_representative_name}}, who shall be authorised to make decisions and provide instructions on behalf of the Client.

Term and Termination

This Agreement shall commence on {{start_date}} and shall continue until the completion of the Project, unless terminated earlier in accordance with the provisions herein.

Either Party may terminate this Agreement by providing {{notice_period}} days' written notice to the other Party in the event of a material breach of this Agreement.

Upon termination, the Construction Manager shall be entitled to payment for services rendered and expenses incurred up to the date of termination, subject to any set-offs for damages caused by breach.

Confidentiality

Both Parties agree to keep confidential all proprietary and confidential information disclosed by the other Party during the term of this Agreement.

This obligation of confidentiality shall survive the termination of this Agreement for a period of {{confidentiality_period}} years.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall first be subjected to good faith negotiations between the Parties.

If the dispute cannot be resolved through negotiation within {{negotiation_period}} days, the Parties agree to submit the dispute to mediation in {{city}}, {{country}}, under the rules of {{mediation_body}}.

If mediation is unsuccessful, the dispute shall be finally resolved by arbitration in {{city}}, {{country}}, in accordance with the rules of {{arbitration_body}}.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of {{country}}.

Entire Agreement

This Agreement, including its Appendices, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

Signatures

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written.

FOR THE CLIENT:

_____________________________

Name: {{client_signer_name}}

Title: {{client_signer_title}}

Date: {{client_signature_date}}

FOR THE CONSTRUCTION MANAGER:

_____________________________

Name: {{manager_signer_name}}

Title: {{manager_signer_title}}

Date: {{manager_signature_date}}

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