The Construction Management Agreement is essential for projects in Austria requiring professional construction management services. It is commonly used when project owners need specialized expertise to oversee complex construction projects, ensuring efficient delivery while maintaining quality and cost control. The agreement, governed by Austrian law including the ABGB (Austrian Civil Code) and construction-specific regulations, establishes the construction manager's authority to act on behalf of the owner in coordinating and managing all aspects of the construction process. This document is particularly crucial for large-scale developments, commercial projects, or any construction requiring sophisticated project management. It details the construction manager's scope of services, from pre-construction planning through project completion, including schedule management, cost control, quality assurance, and coordination of contractors, while ensuring compliance with Austrian building regulations and industry standards.
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1. Parties: Identification of the Principal/Owner and the Construction Manager, including full legal names and addresses
2. Background: Context of the agreement, brief description of the project, and purpose of engaging the Construction Manager
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of construction management services to be provided, including pre-construction, construction, and post-construction phases
5. Construction Manager's Obligations: Core responsibilities including project coordination, schedule management, cost control, and quality oversight
6. Principal's Obligations: Responsibilities of the Principal including provision of information, approvals, and access to the site
7. Project Timeline: Key milestones, completion dates, and schedule management requirements
8. Compensation and Payment Terms: Fee structure, payment schedule, and reimbursable expenses
9. Changes and Variations: Procedures for handling changes to scope, schedule, or budget
10. Quality Management: Quality control procedures, standards, and compliance requirements
11. Health and Safety: Safety management obligations and compliance with Austrian safety regulations
12. Insurance and Liability: Required insurance coverage and allocation of risks
13. Termination: Grounds and procedures for contract termination
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction under Austrian law
15. General Provisions: Standard legal clauses including notices, assignment, and entire agreement
1. Design Review Services: Include when Construction Manager is responsible for reviewing design documents
2. Procurement Management: Include when Construction Manager assists in contractor selection and procurement
3. Sustainability Requirements: Include for projects with specific environmental or sustainability goals
4. BIM Implementation: Include when Building Information Modeling is part of project delivery
5. Multi-Phase Services: Include for projects with distinct phases requiring separate management approaches
6. Value Engineering: Include when Construction Manager is responsible for cost optimization strategies
7. Commissioning Support: Include when Construction Manager assists in building systems commissioning
8. Financial Management: Include when Construction Manager has extended financial oversight responsibilities
1. Schedule A - Scope of Services Matrix: Detailed breakdown of construction management services and responsibilities
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Project Program: Detailed project timeline, milestones, and completion dates
4. Schedule D - Key Personnel: List of key team members and their roles
5. Schedule E - Project Specific Requirements: Special requirements or conditions specific to the project
6. Schedule F - Required Reports and Documentation: List of required reports, their frequency, and content
7. Schedule G - Quality Management Plan: Detailed quality control procedures and standards
8. Schedule H - Health and Safety Requirements: Specific safety procedures and requirements
9. Appendix 1 - Project Drawing List: List of applicable drawings and specifications
10. Appendix 2 - Forms and Templates: Standard forms for project administration
11. Appendix 3 - Insurance Requirements: Detailed insurance specifications and certificates
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Healthcare Construction
Educational Facilities
Industrial Construction
Public Works
Retail Development
Hospitality
Mixed-Use Development
Relevant Teams
Legal
Construction
Project Management
Commercial
Procurement
Risk Management
Quality Assurance
Technical Services
Operations
Contract Administration
Finance
Business Development
Relevant Roles
Construction Manager
Project Director
Development Manager
Construction Director
Project Manager
Contract Manager
Technical Director
Construction Coordinator
Site Manager
Quality Control Manager
Cost Manager
Risk Manager
Procurement Manager
Commercial Manager
Legal Counsel
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