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Pre Construction Agreement
"I need a Pre Construction Agreement for a luxury hotel development in Zurich, with work starting March 2025, that includes specific provisions for BIM modeling and sustainability requirements under Swiss green building standards."
1. Parties: Identification of the client and the contractor/consultant, including full legal names, addresses, and registration details
2. Background: Context of the project, brief description of the proposed construction work, and purpose of the pre-construction services
3. Definitions: Key terms used throughout the agreement, including technical terms and project-specific definitions
4. Scope of Pre-Construction Services: Detailed description of all pre-construction services to be provided, including feasibility studies, preliminary designs, and cost planning
5. Contractor's Obligations: Specific duties and responsibilities of the contractor during the pre-construction phase
6. Client's Obligations: Client's responsibilities including provision of information, access to site, and decision-making timeframes
7. Timeline and Programme: Schedule for delivery of pre-construction services and key milestones
8. Fees and Payment Terms: Pre-construction service fees, payment schedule, and conditions for payment
9. Variations: Process for handling changes to the scope of pre-construction services
10. Intellectual Property: Ownership and usage rights of designs, documents, and other materials produced
11. Insurance and Liability: Required insurance coverage and limitation of liability provisions
12. Termination: Circumstances and procedures for terminating the agreement
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. Notices: Process and addresses for formal communications between parties
1. Transition to Main Construction Contract: Include when there is an intention to proceed with the main construction contract with the same contractor
2. Value Engineering: Include for complex projects where cost optimization is a key objective
3. Environmental Impact Assessment: Include when the project requires environmental screening or assessment
4. Stakeholder Management: Include when the project involves multiple stakeholders or public consultation
5. BIM Protocol: Include when Building Information Modeling will be used in the project
6. Risk Register: Include for high-risk or complex projects requiring detailed risk management
7. Dispute Resolution: Include detailed alternative dispute resolution procedures for high-value contracts
1. Schedule 1 - Scope of Services: Detailed breakdown of all pre-construction services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3 - Programme: Detailed timeline for pre-construction activities and deliverables
4. Schedule 4 - Key Personnel: List of key team members and their roles/responsibilities
5. Schedule 5 - Client's Requirements: Detailed technical and commercial requirements for the project
6. Schedule 6 - Site Information: Available site information, surveys, and reports
7. Appendix A - Required Insurance Levels: Specific insurance requirements and coverage levels
8. Appendix B - Form of Collateral Warranty: Standard form of warranty if required for third parties
9. Appendix C - Required Permits and Approvals: List of necessary permits and approvals to be obtained
Authors
Commercial Real Estate
Residential Development
Industrial Construction
Infrastructure
Healthcare Facilities
Education Facilities
Retail Development
Hospitality
Public Sector Buildings
Mixed-Use Development
Transportation
Energy and Utilities
Legal
Commercial
Construction
Development
Finance
Procurement
Technical
Planning
Operations
Risk Management
Design
Environmental
Construction Director
Project Manager
Commercial Manager
Legal Counsel
Contract Manager
Development Director
Chief Financial Officer
Technical Director
Planning Manager
Risk Manager
Cost Manager
Procurement Manager
Design Manager
Environmental Manager
Construction Manager
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