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Pre Construction Agreement
"I need a Pre-Construction Agreement for a commercial shopping mall development in Lagos, Nigeria, with strict local content requirements, where ABC Developers Limited will engage XYZ Consultants for pre-construction services starting March 2025."
1. Parties: Identification and details of the contracting parties including the employer and pre-construction service provider
2. Background: Context of the project and purpose of the pre-construction agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation clauses
4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided
5. Duration and Timeline: Period of pre-construction services and key milestone dates
6. Consultant's Obligations: Detailed responsibilities and duties of the pre-construction consultant
7. Client's Obligations: Responsibilities and duties of the client including provision of information and access
8. Fees and Payment Terms: Pre-construction service fees, payment schedule, and payment conditions
9. Professional Standards: Required standards of care and professional conduct
10. Intellectual Property Rights: Ownership and usage rights of designs, documents, and other deliverables
11. Confidentiality: Protection and handling of confidential information
12. Liability and Insurance: Limitation of liability and required insurance coverage
13. Termination: Grounds and procedures for termination of the agreement
14. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration
15. Governing Law: Specification of Nigerian law as governing law and jurisdiction
1. Local Content Requirements: Section addressing Nigerian local content requirements, particularly relevant for oil and gas projects
2. Environmental Compliance: Specific environmental obligations and compliance requirements if the project has significant environmental impacts
3. Tender Process Management: If the pre-construction services include managing a tender process for the main construction contract
4. Value Engineering: If specific value engineering services are required as part of pre-construction planning
5. BIM Requirements: If Building Information Modeling is to be used in the project
6. Force Majeure: Specific provisions for force majeure events if required given project circumstances
7. Step-in Rights: Client's rights to step in and take over services if necessary
8. Anti-Corruption Provisions: Detailed anti-corruption clauses if working with public entities or international organizations
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 milestones
3. Schedule 3 - Project Program: Preliminary project timeline and key dates
4. Schedule 4 - Key Personnel: List of key personnel and their roles/responsibilities
5. Schedule 5 - Client's Requirements: Detailed client's requirements and project specifications
6. Schedule 6 - Required Insurance: Details of required insurance coverage
7. Appendix A - Site Information: Available site information and surveys
8. Appendix B - Forms and Templates: Standard forms and templates to be used during pre-construction phase
9. Appendix C - Relevant Permits and Licenses: Copies or lists of required permits and licenses
Authors
Construction
Real Estate Development
Infrastructure
Oil and Gas
Commercial Property
Industrial Development
Healthcare Facilities
Educational Institutions
Hospitality
Retail Development
Manufacturing
Legal
Operations
Project Management
Commercial
Procurement
Technical
Risk & Compliance
Finance
Business Development
Environmental & Sustainability
Project Director
Construction Manager
Development Manager
Contract Manager
Legal Counsel
Project Manager
Commercial Director
Technical Director
Chief Operating Officer
Procurement Manager
Risk Manager
Cost Manager
Planning Manager
Environmental Compliance Officer
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