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The Construction Management Contract is a specialized agreement used in the German construction industry when a Principal requires professional construction management services for complex building projects. This contract type is particularly relevant when projects demand sophisticated coordination, multiple contractor management, and comprehensive project oversight. The document, governed by German law, establishes the Construction Manager's role as the Principal's representative, incorporating requirements from the BGB (German Civil Code), VOB/B, and state building regulations. It's structured to address both pre-construction and construction phase services, including project planning, cost control, schedule management, quality assurance, and contractor coordination. The agreement is especially suitable for large-scale commercial, industrial, or public sector projects where professional project management is essential for successful delivery.

1. Parties: Identification of the Principal/Employer and the Construction Manager, including full legal names and addresses

2. Background: Context of the project, brief description of the construction work, and the purpose of engaging a construction manager

3. Definitions and Interpretation: Definitions of key terms used throughout the contract and rules of interpretation

4. Appointment and Scope of Services: Detailed description of the Construction Manager's appointment and scope of services, including pre-construction and construction phase services

5. Construction Manager's Obligations: Core duties and responsibilities of the Construction Manager, including project management, coordination, and reporting requirements

6. Principal's Obligations: Responsibilities and obligations of the Principal, including provision of information and timely decision-making

7. Project Timeline: Project schedule, milestones, and completion dates

8. Fee Structure and Payment Terms: Construction Management fee calculation, payment schedule, and invoicing procedures in accordance with HOAI regulations

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

10. Quality Management: Quality control procedures and standards to be maintained

11. Health and Safety: Safety responsibilities and compliance with German safety regulations

12. Insurance and Liability: Required insurance coverage and liability provisions

13. Term and Termination: Contract duration, termination conditions, and procedures

14. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions

15. Governing Law: Confirmation of German law as governing law and jurisdiction