The Professional Services Agreement (Construction) is a specialized contract designed for use in the Philippine construction industry when engaging professional service providers for construction-related projects. This document is essential when hiring consultants, engineers, architects, or other construction professionals who will provide specialized services rather than direct construction work. It complies with Philippine laws including the Civil Code, the Contractors' License Law (RA 4566), and professional regulatory requirements. The agreement typically includes detailed provisions for scope of work, professional standards, payment terms, intellectual property rights, and specific compliance requirements with local construction regulations. It's particularly important for ensuring clear delineation of responsibilities, managing professional liability, and maintaining compliance with local licensing and permit requirements. The document structure accommodates both simple consulting arrangements and complex multi-disciplinary professional services in construction projects.
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Key Requirements PROMPT example:
Professional Services Agreement (Construction)
"I need a Professional Services Agreement (Construction) for engaging an architectural firm to provide design and supervision services for a commercial high-rise building project in Manila, with specific provisions for BIM implementation and sustainable design requirements."
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1. Parties: Identification of the contracting parties including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the construction project
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of professional services to be provided, including specific deliverables and milestones
5. Term and Timeline: Duration of the agreement and project timeline including key dates and deadlines
6. Fees and Payment Terms: Professional fees, payment schedule, and payment conditions
7. Professional's Obligations: Key responsibilities, standards of service, and compliance requirements
8. Client's Obligations: Client's responsibilities including provision of information, access, and approvals
9. Representations and Warranties: Professional qualifications, licenses, and standard warranties
10. Compliance with Laws: Obligation to comply with relevant Philippine laws and regulations
11. Insurance and Liability: Insurance requirements and limitation of liability provisions
12. Intellectual Property Rights: Ownership and usage rights of project documents and designs
13. Confidentiality: Protection of confidential information and trade secrets
14. Termination: Grounds for termination and consequences
15. Dispute Resolution: Process for resolving disputes including jurisdiction and governing law
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Performance Security: Requirements for performance bonds or security deposits, used for high-value construction projects
2. Environmental Compliance: Specific environmental obligations and compliance requirements, needed for projects with significant environmental impact
3. Health and Safety: Detailed health and safety requirements, particularly important for high-risk construction activities
4. Subcontracting: Terms governing the engagement of subcontractors, used when subcontracting is anticipated
5. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or complex projects
6. Local Content Requirements: Provisions regarding use of local resources and materials, important for government or regulated projects
7. Quality Assurance: Specific quality control requirements and standards, used in complex technical projects
8. Training and Knowledge Transfer: Requirements for training client personnel, relevant when knowledge transfer is part of the scope
1. Schedule A - Scope of Services: Detailed breakdown of professional services, deliverables, and technical specifications
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule C - Project Timeline: Detailed project schedule including milestones and deadlines
4. Schedule D - Key Personnel: List of key professional staff and their qualifications
5. Schedule E - Required Insurance: Detailed insurance requirements and coverage limits
6. Schedule F - Client's Requirements: Specific technical or operational requirements from the client
7. Appendix 1 - Professional Licenses and Certifications: Copies of relevant professional licenses and certifications
8. Appendix 2 - Standard Forms: Templates for progress reports, payment applications, and other standard documents
9. Appendix 3 - Site Information: Relevant site details, surveys, and existing condition reports
10. Appendix 4 - Health and Safety Requirements: Detailed health and safety procedures and requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Building
Residential Development
Industrial Construction
Public Works
Transportation Infrastructure
Energy Infrastructure
Healthcare Facilities
Relevant Teams
Legal
Procurement
Operations
Finance
Project Management
Engineering
Risk Management
Compliance
Quality Assurance
Health and Safety
Technical Services
Commercial
Relevant Roles
Project Manager
Construction Manager
Legal Counsel
Contract Administrator
Chief Engineer
Architect
Procurement Manager
Risk Manager
Technical Director
Operations Manager
Chief Financial Officer
Compliance Officer
Quality Assurance Manager
Health and Safety Officer
Project Engineer
Construction Supervisor
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