The Construction Management Contract is a specialized agreement used in Malta when a Client requires professional construction management services for their construction project. This contract type is particularly relevant for medium to large-scale construction projects where specialized expertise is needed to manage multiple contractors, coordinate activities, and ensure compliance with Maltese building regulations and EU standards. The document provides a comprehensive framework for the Construction Manager's appointment, defining their authority to act on behalf of the Client, managing the construction process, coordinating various stakeholders, and ensuring project delivery within specified parameters. It includes essential provisions required under Maltese law, including compliance with the Building Regulation Act, Occupational Health and Safety regulations, and environmental protection requirements. The contract is structured to address risk allocation, payment mechanisms, quality control, and dispute resolution procedures specific to the Maltese construction industry.
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1. Parties: Identification of the Client and Construction Manager, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, project overview, and purpose of engaging the Construction Manager
3. Definitions and Interpretation: Detailed definitions of terms used throughout the contract and rules of interpretation
4. Appointment and Duration: Formal appointment of the Construction Manager, project phases, and contract duration
5. Construction Manager's Obligations: Core services, duties, and responsibilities of the Construction Manager
6. Client's Obligations: Responsibilities and obligations of the Client, including information provision and decision-making
7. Project Team and Personnel: Key personnel requirements, organizational structure, and team management
8. Programme and Progress: Project timeline, milestones, and progress monitoring requirements
9. Payment Terms: Fee structure, payment schedule, variations, and payment procedures
10. Changes and Variations: Procedures for handling changes to scope, timeline, or costs
11. Risk Allocation and Insurance: Distribution of risks and required insurance coverage
12. Health and Safety: Safety responsibilities and compliance with Maltese H&S regulations
13. Quality Management: Quality standards, control procedures, and monitoring requirements
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration
16. General Provisions: Standard legal provisions including notices, governing law, and entire agreement
1. Building Information Modeling (BIM): Include when BIM is required for project delivery and coordination
2. Environmental Management: Required for projects with significant environmental impacts or sustainability requirements
3. Value Engineering: Include for complex projects where cost optimization is a key objective
4. Stakeholder Management: Important for projects with multiple stakeholders or public interest
5. Cost Control Systems: Detailed procedures for projects requiring sophisticated cost management
6. Force Majeure: Expanded provisions for projects with higher risk of external disruptions
7. Intellectual Property Rights: Include when design or innovative construction methods are involved
8. Confidentiality: Required for projects involving sensitive information or proprietary methods
9. Performance Bonds: Include when additional financial security is required
10. Defects Liability: Extended provisions for projects with specific quality concerns
1. Schedule 1 - Scope of Services: Detailed breakdown of Construction Manager's services across all project phases
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Project Programme: Detailed project timeline, milestones, and deliverables
4. Schedule 4 - Key Personnel: CVs and roles of key team members and their commitments
5. Schedule 5 - Client's Requirements: Detailed technical and performance requirements for the project
6. Schedule 6 - Project Specific Requirements: Special conditions or requirements unique to the project
7. Schedule 7 - Quality Management Plan: Detailed quality assurance and control procedures
8. Schedule 8 - Health and Safety Plan: Specific health and safety procedures and requirements
9. Schedule 9 - Forms and Templates: Standard forms for reports, variations, and other project documentation
10. Schedule 10 - Insurance Requirements: Detailed insurance specifications and coverage requirements
11. Appendix A - Site Information: Site details, surveys, and existing conditions
12. Appendix B - Drawings and Specifications: Technical drawings and specifications
13. Appendix C - Permits and Approvals: Copies of relevant permits and regulatory approvals
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Public Works
Healthcare Construction
Education Construction
Hospitality Construction
Retail Development
Mixed-Use Development
Relevant Teams
Legal
Construction
Project Management
Commercial
Procurement
Health and Safety
Quality Assurance
Risk Management
Operations
Finance
Technical Services
Environmental Compliance
Business Development
Contract Administration
Relevant Roles
Construction Manager
Project Director
Contract Manager
Legal Counsel
Project Manager
Site Manager
Quantity Surveyor
Risk Manager
Commercial Manager
Procurement Manager
Health and Safety Manager
Quality Control Manager
Environmental Compliance Officer
Technical Director
Operations Manager
Chief Executive Officer
Finance Director
Development Manager
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