The Owner Construction Manager Agreement is a crucial document used when a property owner requires professional construction management services for their development project in the Philippines. This agreement is particularly important for complex construction projects where specialized oversight and management are essential for successful project delivery. It establishes the construction manager's authority to act on behalf of the owner, defines the scope of services, sets performance standards, and outlines payment terms, while ensuring compliance with Philippine construction laws and regulations. The document incorporates local legal requirements, including those from the National Building Code of the Philippines, CIAP regulations, and relevant labor laws, making it specifically tailored for use in the Philippine jurisdiction.
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1. Parties: Identifies and provides full details of the Owner and Construction Manager, including their legal status and registered addresses
2. Background: Sets out the context of the agreement, including project overview and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope of Services: Details the formal appointment and comprehensive scope of construction management services
5. Construction Manager's Obligations: Specifies core duties, responsibilities, and standard of care required
6. Owner's Obligations: Outlines the owner's responsibilities, including provision of information and timely decisions
7. Project Schedule: Establishes timeline, milestones, and completion dates
8. Compensation and Payment Terms: Details fees, payment schedule, and payment procedures
9. Changes and Variations: Procedures for handling changes to scope, schedule, or costs
10. Insurance and Indemnity: Specifies required insurance coverage and indemnification obligations
11. Termination: Sets out grounds and procedures for contract termination
12. Dispute Resolution: Establishes procedures for resolving disputes, including reference to Philippine laws
13. General Provisions: Includes standard clauses like notices, governing law, and entire agreement
1. Pre-Construction Services: Detailed section for projects requiring significant pre-construction planning and design review
2. Value Engineering: Include when specific cost optimization services are required
3. Quality Assurance and Control: Detailed quality management requirements for complex projects
4. Safety Requirements: Enhanced safety provisions for high-risk or complex projects
5. Environmental Compliance: Specific environmental requirements for projects with significant environmental impact
6. Local Content Requirements: Include for projects subject to local content or employment requirements
7. Force Majeure: Detailed provisions for handling unforeseen events, particularly relevant in areas prone to natural disasters
8. Intellectual Property Rights: Include when the services involve design or innovative construction methods
9. Confidentiality: Enhanced confidentiality provisions for sensitive projects
1. Schedule A - Scope of Services: Detailed breakdown of construction management services
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Project Schedule: Detailed project timeline and milestones
4. Schedule D - Key Personnel: Lists key team members and their responsibilities
5. Schedule E - Required Insurance: Detailed insurance requirements and coverage limits
6. Schedule F - Project Specific Requirements: Special requirements or conditions specific to the project
7. Schedule G - Forms and Procedures: Standard forms for project administration
8. Appendix 1 - Project Documents: List of relevant project documents and drawings
9. Appendix 2 - Quality Management Plan: Detailed quality assurance and control procedures
10. Appendix 3 - Safety Management Plan: Health and safety procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Development
Residential Development
Healthcare Facilities
Educational Facilities
Hospitality
Retail Development
Manufacturing
Government Infrastructure
Relevant Teams
Legal
Construction
Project Management
Commercial
Operations
Development
Risk Management
Procurement
Finance
Property Management
Technical Services
Compliance
Relevant Roles
Construction Manager
Project Director
Development Manager
Property Owner
Real Estate Developer
Project Manager
Contract Administrator
Legal Counsel
Risk Manager
Commercial Manager
Operations Director
Chief Executive Officer
Facilities Manager
Construction Director
Project Control Manager
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