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Construction Referral Fee Agreement
"I need a Construction Referral Fee Agreement for my engineering firm in Ontario, establishing a 5% referral fee for successful introductions to commercial construction projects, with an exclusivity clause preventing the referee from accepting similar referrals from other engineering firms in the Greater Toronto Area."
1. Parties: Identification of the referrer and referee, including full legal names and addresses
2. Background: Context of the agreement, nature of the parties' businesses, and purpose of the referral arrangement
3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Project', 'Fee', 'Successful Referral'
4. Scope of Agreement: Description of the types of referrals covered and the territory or market segment
5. Referral Process: Step-by-step process for making and accepting referrals
6. Fee Structure: Calculation method for referral fees, including percentages or fixed amounts
7. Payment Terms: Timing and method of fee payments, invoicing requirements, and payment conditions
8. Obligations of Parties: Specific duties and responsibilities of both referrer and referee
9. Term and Termination: Duration of agreement and circumstances for termination
10. Confidentiality: Protection of confidential information exchanged during referrals
11. Representations and Warranties: Statements of fact and promises by both parties
12. Compliance with Laws: Commitment to comply with relevant construction and referral regulations
13. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Non-Solicitation: Prevents parties from directly soliciting each other's clients or employees - include when protecting client relationships is crucial
2. Exclusivity: Establishes exclusive referral rights - include when the referee wants to be the sole recipient of certain types of referrals
3. Marketing and Promotion: Guidelines for how parties can market the referral relationship - include when public promotion is planned
4. Dispute Resolution: Specific procedures for resolving disagreements - include when parties want to specify mediation or arbitration
5. Insurance Requirements: Specific insurance coverage requirements - include when referrals involve high-value construction projects
6. Quality Standards: Performance standards and quality requirements - include when maintaining service quality is crucial
7. Subcontracting: Rules about delegating referral obligations - include when subcontracting might occur
1. Schedule A - Fee Schedule: Detailed breakdown of fee calculations for different types of referrals or project values
2. Schedule B - Referral Process Workflow: Detailed steps and timeframes for the referral process
3. Schedule C - Approved Marketing Materials: Pre-approved language and materials for promoting the referral relationship
4. Schedule D - Territory Map: Geographic boundaries for the referral arrangement if territorially restricted
5. Appendix 1 - Referral Report Template: Standard form for documenting referrals and tracking fee calculations
6. Appendix 2 - Compliance Checklist: Checklist ensuring referrals meet legal and regulatory requirements
Authors
Construction
Real Estate Development
Architecture
Engineering
Building Materials
Construction Equipment
Property Management
Infrastructure Development
Commercial Construction
Residential Construction
Industrial Construction
Construction Consulting
Legal
Business Development
Operations
Contract Administration
Sales
Procurement
Compliance
Executive Leadership
Commercial Operations
Project Management
Construction Manager
Business Development Manager
Contract Administrator
Legal Counsel
Project Manager
Operations Director
Chief Executive Officer
Construction Consultant
Business Manager
Commercial Director
Procurement Manager
Sales Manager
Regional Director
Partnership Manager
Compliance Officer
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