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Construction Consulting Agreement
"I need a Construction Consulting Agreement for a large-scale commercial building project in Auckland, where our firm will provide project management and cost consulting services, with work commencing March 2025 and involving multiple subconsultants."
1. Parties: Identification and details of the consultant and the client
2. Background: Context of the agreement, project overview, and preliminary discussions
3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation
4. Appointment and Scope of Services: Formal appointment of consultant and detailed scope of consulting services
5. Consultant's Obligations: Key responsibilities, standard of care, and professional duties
6. Client's Obligations: Client's responsibilities, including provision of information and access
7. Fees and Payment: Consulting fees, payment terms, and invoicing procedures
8. Term and Termination: Duration of agreement and circumstances for termination
9. Insurance and Liability: Insurance requirements and limitation of liability provisions
10. Intellectual Property: Ownership and usage rights of project documents and designs
11. Confidentiality: Protection and handling of confidential information
12. Health and Safety: Compliance with Health and Safety at Work Act 2015 and related obligations
13. Dispute Resolution: Process for resolving disputes, including mediation and arbitration
14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Variations: Process for varying the scope of services or terms - include for complex projects
2. Key Personnel: Identification of key team members - include when specific expertise is crucial
3. Performance Guarantees: Specific performance metrics and guarantees - include for high-value projects
4. Force Majeure: Provisions for unforeseen circumstances - include for long-term projects
5. Environmental Compliance: Environmental obligations - include for projects with environmental impact
6. Building Information Modeling (BIM): BIM requirements and protocols - include when BIM is used
7. Subconsultants: Terms for engaging and managing subconsultants - include when subconsultants are likely
8. Quality Assurance: Specific quality control procedures - include for complex technical projects
1. Schedule 1: Scope of Services: Detailed description of consulting services and deliverables
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3: Project Programme: Timeline, milestones, and delivery dates
4. Schedule 4: Key Personnel: Details of key team members and their roles
5. Schedule 5: Client's Requirements: Specific client requirements and specifications
6. Schedule 6: Insurance Requirements: Detailed insurance requirements and coverage levels
7. Appendix A: Project Brief: Detailed project specifications and requirements
8. Appendix B: Special Conditions: Any special terms or conditions specific to the project
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Development
Public Works
Architecture
Engineering Services
Urban Planning
Facilities Management
Legal
Operations
Commercial
Procurement
Risk Management
Project Management
Technical Services
Contract Administration
Business Development
Compliance
Construction Consultant
Project Manager
Construction Manager
Contract Administrator
Quantity Surveyor
Building Surveyor
Construction Director
Technical Director
Commercial Manager
Risk Manager
Procurement Manager
Development Manager
Legal Counsel
Construction Lawyer
Chief Operating Officer
Operations Manager
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