The Project Management Contract In (Construction) is a specialized agreement designed for use in the Canadian construction industry when engaging professional project management services for construction projects. This document is essential when a client requires comprehensive project management expertise to oversee and coordinate all aspects of a construction project, from pre-construction planning through to completion and closeout. It incorporates requirements from various Canadian federal and provincial regulations, including construction lien legislation, safety regulations, and building codes. The contract addresses key aspects such as scope of services, fee structures, risk allocation, quality management, and dispute resolution mechanisms. It is particularly relevant for complex construction projects where professional project management is crucial for successful project delivery and where clear delineation of responsibilities, authority, and accountability is required between the client and the project management firm.
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1. Parties: Identification of the Client and Project Manager, including full legal names and addresses
2. Background: Context of the agreement, project overview, and purpose of engaging the Project Manager
3. Definitions: Definitions of key terms used throughout the agreement
4. Appointment and Term: Formal appointment of the Project Manager and duration of the agreement
5. Project Manager's Services: Detailed scope of services, including pre-construction, construction, and post-construction phases
6. Client's Obligations: Responsibilities and obligations of the Client, including provision of information and timely decisions
7. Project Team and Personnel: Key personnel requirements, roles, and replacement procedures
8. Fee Structure and Payment: Project management fees, payment schedule, and invoicing procedures
9. Time for Performance: Project timeline, milestones, and schedule management requirements
10. Changes and Variations: Procedures for handling changes to scope, schedule, or budget
11. Reporting and Communications: Communication protocols, reporting requirements, and meeting schedules
12. Risk Management: Risk identification, allocation, and management procedures
13. Insurance and Liability: Insurance requirements and limitation of liability provisions
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes between parties
16. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Performance Guarantees: Specific performance metrics and associated guarantees, used when the client requires particular performance standards
2. Value Engineering: Procedures for cost optimization and value engineering, included when cost savings are a primary objective
3. Sustainability Requirements: Green building and sustainability obligations, included for projects with specific environmental goals
4. BIM Requirements: Building Information Modeling protocols and requirements, used when BIM is part of the project delivery method
5. Multiple Project Sites: Specific provisions for managing multiple construction sites, used for multi-site projects
6. Security Requirements: Special security protocols and clearances, included for sensitive or high-security projects
7. Indigenous Participation: Requirements for Indigenous participation and consultation, included when project affects Indigenous communities
8. Public Relations: Management of public communications and stakeholder relations, included for high-profile or public impact projects
1. Schedule A - Scope of Services: Detailed breakdown of all project management services to be provided
2. Schedule B - Fee Schedule: Detailed fee structure, including rates, reimbursables, and payment milestones
3. Schedule C - Project Program: Project timeline, key milestones, and delivery dates
4. Schedule D - Key Personnel: Details of key team members, their roles, and time commitment
5. Schedule E - Client's Requirements: Detailed technical and performance requirements for the project
6. Schedule F - Reporting Requirements: Templates and requirements for project reports and documentation
7. Schedule G - Quality Management Plan: Quality assurance and control procedures
8. Schedule H - Risk Register: Initial risk register and risk management procedures
9. Appendix 1 - Insurance Requirements: Detailed insurance requirements and coverage limits
10. Appendix 2 - Project Specific Forms: Standard forms and templates to be used during project execution
Authors
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Residential Development
Industrial Construction
Infrastructure Development
Healthcare Construction
Educational Facilities
Retail Construction
Hospitality Construction
Government/Public Works
Energy and Resources
Transportation
Mixed-use Development
Relevant Teams
Legal
Operations
Construction
Project Management
Commercial
Risk Management
Procurement
Contract Administration
Development
Executive Leadership
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Risk Manager
Chief Operating Officer
Operations Director
Development Manager
Construction Director
Procurement Manager
Commercial Manager
Project Controls Manager
Client Representative
Senior Project Manager
Program Manager
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