The Construction Management Services Contract is a crucial document used when a project owner requires professional construction management expertise for their construction project in the Philippines. This contract type is particularly important for complex construction projects where specialized oversight and coordination are essential. The agreement establishes the legal and operational framework for the construction manager's services, including project planning, coordination, supervision, and quality control. It incorporates requirements from Philippine construction laws, building codes, and professional regulations, while addressing specific local industry practices and requirements. The document is designed to protect both parties' interests while ensuring compliance with Philippine regulatory requirements and industry standards. It includes detailed provisions for scope of services, performance metrics, payment terms, and risk allocation, making it essential for any significant construction project requiring professional management services.
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1. Parties: Identification of the Client and Construction Manager, including their legal status and registered addresses
2. Background: Context of the agreement, brief description of the project, and purpose of engaging the Construction Manager
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the Construction Manager and duration of the agreement
5. Scope of Services: Detailed description of construction management services to be provided
6. Construction Manager's Obligations: Key responsibilities and duties of the Construction Manager
7. Client's Obligations: Responsibilities and obligations of the Client
8. Project Timeline: Key milestones, phases, and completion dates
9. Fees and Payment Terms: Construction management fees, payment schedule, and payment mechanics
10. Performance Standards: Required standards of performance and quality expectations
11. Reporting and Communication: Requirements for project reporting, meetings, and communication protocols
12. Insurance and Liability: Insurance requirements and limitation of liability provisions
13. Intellectual Property Rights: Ownership and usage rights of project documents and deliverables
14. Confidentiality: Protection of confidential information and trade secrets
15. Termination: Grounds for termination and consequences of termination
16. Dispute Resolution: Process for resolving disputes, including arbitration provisions
17. Governing Law: Specification of Philippine law as governing law and jurisdiction
18. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement
1. Force Majeure: Provisions for handling unforeseen events and circumstances beyond parties' control - include if project is in area prone to natural disasters or political instability
2. Environmental Compliance: Specific environmental obligations and compliance requirements - include if project has significant environmental impact
3. Local Community Relations: Provisions for managing relationships with local communities - include for projects in sensitive community areas
4. Security Requirements: Special security measures and protocols - include for high-security or sensitive projects
5. Technology and Software: Provisions regarding use of specific construction management software or technology - include if specific technology solutions are required
6. Multiple Site Provisions: Special provisions for managing multiple construction sites - include if project spans multiple locations
7. Subcontractor Management: Detailed provisions for managing subcontractors - include if Construction Manager will have substantial subcontractor oversight
8. Government Compliance: Special provisions for government compliance - include if project involves government entities or funding
1. Schedule 1 - Scope of Services: Detailed breakdown of construction management services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including hourly rates, reimbursables, and payment milestones
3. Schedule 3 - Project Timeline: Detailed project schedule with milestones, phases, and critical dates
4. Schedule 4 - Key Personnel: List of key personnel and their roles, including required qualifications
5. Schedule 5 - Required Insurance: Detailed insurance requirements and minimum coverage amounts
6. Schedule 6 - Project Specifications: Technical specifications and requirements for the project
7. Schedule 7 - Reporting Requirements: Templates and requirements for project reports and documentation
8. Schedule 8 - Quality Assurance Plan: Detailed quality assurance procedures and requirements
9. Appendix A - Forms and Templates: Standard forms and templates to be used during the project
10. Appendix B - Health and Safety Requirements: Detailed health and safety procedures and requirements
11. Appendix C - Communication Protocols: Detailed procedures for project communications and escalations
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Industrial Construction
Residential Development
Infrastructure Development
Healthcare Facilities
Educational Institutions
Retail Development
Hospitality and Tourism
Manufacturing Facilities
Government and Public Works
Transportation Infrastructure
Energy and Utilities
Relevant Teams
Legal
Operations
Construction
Project Management
Commercial
Procurement
Quality Assurance
Health and Safety
Risk Management
Technical Services
Contract Administration
Development
Finance
Relevant Roles
Construction Manager
Project Director
Contract Manager
Legal Counsel
Project Manager
Site Supervisor
Quality Control Manager
Safety Officer
Procurement Manager
Cost Controller
Planning Engineer
Technical Director
Chief Operating Officer
Risk Manager
Commercial Manager
Development Director
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