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Owner Construction Manager Agreement Template for Australia

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Key Requirements PROMPT example:

Owner Construction Manager Agreement

"I need an Owner Construction Manager Agreement for a 20-story commercial building development in Melbourne, with specific provisions for sustainable building practices and LEED certification requirements, to commence in March 2025."

Document background
The Owner Construction Manager Agreement is a crucial document used when a property owner or developer needs to engage a professional construction manager to oversee and coordinate construction projects in Australia. This agreement is particularly relevant for complex projects where specialized project management expertise is required. It establishes the construction manager's authority to act on behalf of the owner, defines the scope of services, and sets out the fee structure and payment terms. The document ensures compliance with Australian construction laws, including state-specific building regulations, work health and safety requirements, and security of payment legislation. It includes comprehensive provisions for risk management, insurance, dispute resolution, and project administration, making it suitable for both commercial and residential construction projects of varying scales.
Suggested Sections

1. Parties: Identifies and provides details of the Owner and Construction Manager

2. Background: Outlines the project context and the Owner's intention to engage the Construction Manager

3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement

4. Appointment and Duration: Formally establishes the Construction Manager's appointment and contract term

5. Construction Manager's Services: Details the core services and obligations of the Construction Manager

6. Owner's Obligations: Specifies the Owner's responsibilities and obligations

7. Project Budget and Cost Management: Outlines budget parameters and cost control procedures

8. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures

9. Insurance and Liability: Specifies required insurance coverage and liability limitations

10. Intellectual Property: Addresses ownership and usage rights of project documentation

11. Confidentiality: Sets out confidentiality obligations for both parties

12. Termination: Describes circumstances and procedures for contract termination

13. Dispute Resolution: Establishes procedures for resolving disputes

14. General Provisions: Contains standard boilerplate clauses and general terms

Optional Sections

1. Performance Guarantees: Include when specific performance metrics or guarantees are required

2. Environmental Requirements: Include for projects with significant environmental considerations

3. Indigenous Heritage Protection: Include when project involves land with indigenous heritage considerations

4. Building Information Modeling (BIM): Include when BIM is required for the project

5. Value Engineering: Include when specific value engineering services are required

6. Quality Assurance: Include when specific quality management systems are required

7. Security of Payment: Include when additional payment security mechanisms are needed

Suggested Schedules

1. Schedule 1 - Services Scope: Detailed breakdown of construction management services

2. Schedule 2 - Fee Schedule: Detailed fee breakdown and payment milestones

3. Schedule 3 - Project Program: Project timeline, milestones, and key dates

4. Schedule 4 - Site Details: Project site information and conditions

5. Schedule 5 - Key Personnel: Details of key team members and their roles

6. Schedule 6 - Insurance Requirements: Specific insurance requirements and coverage levels

7. Schedule 7 - Project Requirements: Owner's project-specific requirements and specifications

8. Appendix A - Project Plans and Drawings: Reference drawings and plans

9. Appendix B - Forms and Templates: Standard forms for project administration

Authors

Alex Denne

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

Relevant legal definitions

















































Clauses



































Relevant Industries

Commercial Real Estate

Residential Development

Industrial Construction

Infrastructure

Healthcare Facilities

Education Facilities

Retail Development

Hospitality

Mining

Manufacturing

Government Buildings

Sports and Recreation

Relevant Teams

Legal

Construction

Commercial

Operations

Risk and Compliance

Procurement

Project Controls

Property Development

Contract Administration

Executive Leadership

Relevant Roles

Construction Manager

Project Director

Development Manager

Contract Administrator

Commercial Manager

Legal Counsel

Risk Manager

Project Controls Manager

Procurement Manager

Operations Director

Chief Executive Officer

Managing Director

Property Developer

Building Services Manager

Technical Director

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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