The Pre-Construction Agreement serves as a crucial preliminary contract in Dutch construction projects, establishing the framework for activities that precede the main construction phase. It is typically used when significant preliminary work, planning, or feasibility studies are required before commencing construction. The agreement, governed by Dutch law and complying with the Burgerlijk Wetboek, outlines essential pre-construction services such as design development, cost estimation, scheduling, and risk assessment. It defines the roles and responsibilities of parties involved, payment structures, and conditions for proceeding to the main construction contract. This document is particularly important in complex projects where detailed planning and preparation are necessary to ensure project viability and success.
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1. Parties: Identification of the client, contractor, and any other relevant parties including their legal status and representatives
2. Background: Context of the project, including the intended construction works 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 all pre-construction services to be provided, including feasibility studies, preliminary designs, and cost estimates
5. Duration and Timeline: Timeline for the pre-construction phase and conditions for extension
6. Fees and Payment Terms: Pre-construction service fees, payment schedule, and invoicing procedures
7. Obligations of the Contractor: Detailed responsibilities and duties of the contractor during the pre-construction phase
8. Obligations of the Client: Client's responsibilities including provision of information and timely decisions
9. Conditions Precedent: Conditions that must be met before proceeding to the main construction contract
10. Intellectual Property Rights: Ownership and usage rights of designs, documents, and other materials produced
11. Liability and Insurance: Allocation of risks and required insurance coverage
12. Termination: Grounds and procedures for termination of the agreement
13. Confidentiality: Obligations regarding confidential information
14. Governing Law and Dispute Resolution: Application of Dutch law and procedures for resolving disputes
1. Transition to Construction Phase: Include when there's a potential for the contractor to proceed with the main construction works, specifying conditions and process
2. Value Engineering: Include when specific cost optimization services are required
3. Stakeholder Management: Include when the project requires significant interaction with third parties or community engagement
4. Environmental Assessment: Include when environmental impact studies are part of pre-construction services
5. BIM Protocol: Include when Building Information Modeling will be used in the project
6. Risk Register: Include when specific risk identification and management processes are required
7. Force Majeure: Include when specific force majeure provisions beyond standard Dutch law are needed
1. Schedule 1 - Scope of Pre-Construction Services: Detailed breakdown of all 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 milestones
4. Schedule 4 - Key Personnel: List of key team members and their roles from both parties
5. Schedule 5 - Required Insurance: Details of required insurance policies and coverage levels
6. Schedule 6 - Initial Project Brief: Client's initial requirements and project objectives
7. Appendix A - Form of Reports: Templates for progress reports and other required documentation
8. Appendix B - Communication Protocol: Procedures for project communications and meetings
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Residential Construction
Industrial Construction
Infrastructure Development
Healthcare Facilities
Education Facilities
Retail Development
Hospitality
Data Centers
Renewable Energy Infrastructure
Relevant Teams
Legal
Commercial
Operations
Development
Procurement
Risk Management
Technical
Design
Construction
Planning
Finance
Relevant Roles
Construction Manager
Project Director
Commercial Director
Contract Manager
Legal Counsel
Chief Executive Officer
Development Manager
Technical Director
Risk Manager
Procurement Manager
Cost Manager
Planning Manager
Design Manager
Project Engineer
Construction Lawyer
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