Pre Construction Agreement

Pre Construction Agreement Template for Denmark

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Document background

The Pre-Construction Agreement is a crucial document used in Danish construction projects to formalize the relationship between clients and contractors during the critical planning phase of a construction project. It is particularly relevant when detailed project planning, cost estimation, and risk assessment are required before commencing actual construction work. The agreement, governed by Danish law and complying with the Byggeloven and associated regulations, typically precedes the main construction contract and helps establish clear parameters for pre-construction services, including feasibility studies, design development, cost planning, and program development. This document is essential for complex projects where thorough planning and preparation are necessary to minimize risks and optimize project outcomes. The Pre-Construction Agreement also serves as a foundation for potential transition into the main construction phase, making it a vital tool in Danish construction project management.

Suggested Sections

1. Parties: Identification and details of the contracting parties, including the employer/client, contractor, and any key consultants

2. Background: Context of the agreement, including project overview and purpose of the pre-construction services

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided, including feasibility studies, design development, and cost planning

5. Duration and Program: Timeline for pre-construction services, including key milestones and deliverables

6. Contractor's Obligations: Detailed responsibilities of the contractor during the pre-construction phase

7. Client's Obligations: Responsibilities and obligations of the client, including provision of information and decision-making timelines

8. Fee Structure and Payment: Pre-construction service fees, payment schedule, and terms

9. Design Development: Process for developing and finalizing designs, including approval procedures

10. Cost Planning and Budget: Procedures for cost estimation, budget development, and cost control

11. Risk Management: Identification, allocation, and management of pre-construction risks

12. Termination: Conditions and procedures for agreement termination

13. Intellectual Property: Ownership and usage rights of designs, documents, and other deliverables

14. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

Optional Sections

1. BIM Protocol: Include when Building Information Modeling is required for the project

2. Value Engineering: Include for complex projects requiring specific cost optimization processes

3. Stakeholder Management: Include when multiple stakeholders are involved requiring specific management procedures

4. Environmental Management: Include when project has significant environmental considerations or requirements

5. Procurement Strategy: Include when contractor will be involved in supply chain and procurement planning

6. Transition to Construction Phase: Include when there's potential for the contractor to proceed to main construction works

7. Collaboration Procedures: Include for complex projects requiring specific team integration protocols

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of pre-construction services and deliverables

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

3. Schedule 3 - Program: Detailed timeline and milestone dates

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Schedule 5 - Client's Requirements: Detailed client brief and project requirements

6. Schedule 6 - Design Responsibility Matrix: Matrix defining design responsibilities between parties

7. Schedule 7 - Required Insurance: Insurance requirements and coverage levels

8. Appendix A - Initial Project Brief: Preliminary project information and requirements

9. Appendix B - Site Information: Available site information and surveys

10. Appendix C - Planning Requirements: Relevant planning permissions and requirements

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