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 this {{day}} day of {{month}}, {{year}}, by and between:
{{client_name}}, a company duly incorporated under the laws of [African Country, e.g., South Africa], with its principal place of business at {{client_address}} (hereinafter referred to as "the Client").
AND
{{manager_name}}, a company duly incorporated under the laws of [African Country, e.g., Kenya], with its principal place of business at {{manager_address}} (hereinafter referred to as "the Construction Manager").
Collectively referred to as "the Parties".
1. Project Scope and Services
1.1. The Client hereby appoints the Construction Manager to provide construction management services for the project located at {{project_address}} ("the Project"). The Project involves {{project_description}}.
1.2. The Construction Manager shall provide comprehensive services including, but not limited to:
a) Project planning and scheduling.
b) Cost management and budget control.
c) Contract administration and procurement.
d) Supervision of construction activities.
e) Quality control and assurance.
f) Health, safety, and environmental management.
g) Reporting and documentation.
2. Term and Commencement
2.1. This Agreement shall commence on {{start_date}} and shall continue until the completion of the Project and final handover, or until terminated earlier in accordance with the provisions of this Agreement.
2.2. The anticipated completion date of the Project is {{expected_completion_date}}.
3. Fees and Payment
3.1. In consideration for the services rendered by the Construction Manager, the Client shall pay the Construction Manager a fee of {{currency}} {{management_fee_amount}} ({{management_fee_words}}), payable as follows:
a) An upfront payment of {{currency}} {{upfront_payment_amount}} upon signing of this Agreement.
b) Monthly installments of {{currency}} {{monthly_installment_amount}} per month, payable on the {{payment_day}} of each month.
c) A final payment of {{currency}} {{final_payment_amount}} upon successful completion and handover of the Project.
3.2. All payments shall be made within {{payment_due_days}} days of receiving a valid invoice from the Construction Manager.
3.3. Any expenses incurred by the Construction Manager directly related to the Project, and pre-approved by the Client, shall be reimbursed by the Client upon presentation of valid receipts.
4. Responsibilities of the Parties
4.1. The Client shall:
a) Provide the Construction Manager with all necessary information, approvals, and access to the Project site.
b) Make timely payments as per Clause 3.
c) Appoint a designated representative to liaise with the Construction Manager.
4.2. The Construction Manager shall:
a) Perform its services with due care, skill, and diligence, in accordance with applicable professional standards.
b) Comply with all relevant laws, regulations, and building codes of [African Country, e.g., Ghana].
c) Maintain appropriate insurance coverage for the duration of the Project.
5. Project Changes and Variations
5.1. Any variations or changes to the Project scope, design, or schedule shall be agreed upon in writing by both Parties through a formal change order process.
5.2. The Construction Manager shall provide a cost and time impact assessment for any proposed change order.
6. Indemnification
6.1. Each Party shall indemnify and hold harmless the other Party from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with its own gross negligence or wilful misconduct in the performance of its obligations under this Agreement.
7. Termination
7.1. Either Party may terminate this Agreement by giving {{notice_period}} days' written notice to the other Party in the event of a material breach of this Agreement that is not remedied within {{cure_period}} days of receipt of a written notice specifying the breach.
7.2. In the event of termination, the Construction Manager shall be paid for services rendered up to the date of termination.
8. Governing Law and Dispute Resolution
8.1. This Agreement shall be governed by and construed in accordance with the laws of [African Country, e.g., Nigeria].
8.2. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in [City, e.g., Lagos] in accordance with the rules of the [Arbitration Body, e.g., Lagos Court of Arbitration].
Signature Block
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.
_____________________________
For: {{client_name}}
Name: {{client_representative_name}}
Title: {{client_representative_title}}
Date: {{date}}
_____________________________
For: {{manager_name}}
Name: {{manager_representative_name}}
Title: {{manager_representative_title}}
Date: {{date}}
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