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The Residential Construction Management Agreement is a crucial document used in South Africa when property owners wish to engage professional construction management services for residential building projects. This agreement is particularly relevant in cases where the complexity or scale of the residential construction project requires professional oversight and coordination. The document incorporates requirements from South African construction legislation, including the National Building Regulations and Building Standards Act, the Housing Consumers Protection Measures Act, and the Construction Industry Development Board Act. It provides a comprehensive framework for managing residential construction projects, defining the construction manager's scope of services, responsibilities, payment terms, and compliance requirements. The agreement is designed to protect both the property owner's interests and ensure professional delivery of construction management services while maintaining compliance with local regulations and industry standards.

1. Parties: Identification of the Property Owner and the Construction Manager, including full legal names, registration numbers (if applicable), and physical addresses

2. Background: Context of the agreement, including brief description of the construction project and the owner's intention to engage the construction manager

3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and rules of interpretation

4. Appointment and Duration: Formal appointment of the construction manager, project timeline, and conditions for extension

5. Scope of Services: Detailed description of construction management services to be provided, including pre-construction, construction, and post-construction phases

6. Construction Manager's Obligations: Specific duties and responsibilities of the construction manager, including reporting, supervision, and quality control

7. Owner's Obligations: Responsibilities of the property owner, including provision of information, access, and timely decision-making

8. Project Timeline: Key milestones, completion dates, and scheduling requirements

9. Fees and Payment: Construction management fee structure, payment schedule, and terms

10. Professional Team: Provisions regarding the appointment and coordination of contractors, subcontractors, and consultants

11. Quality Control and Compliance: Standards, inspections, and compliance with building regulations and industry standards

12. Health and Safety: Obligations regarding site safety, compliance with OHS Act, and safety management procedures

13. Insurance and Liability: Required insurance coverage, liability limitations, and indemnification provisions

14. Variations and Changes: Procedures for handling changes to scope, timeline, or costs

15. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures

16. Termination: Grounds and procedures for termination by either party

17. General Provisions: Standard legal clauses including notices, governing law, and entire agreement