The Pre-Construction Agreement is essential for projects requiring early contractor involvement before the main construction phase begins. It is commonly used in England and Wales when clients seek contractor expertise during the design development stage. This agreement defines the scope of pre-construction services, payment terms, and deliverables, while establishing clear responsibilities and risk allocation. It typically includes provisions for cost planning, value engineering, constructability advice, and potential transition into the main construction contract.
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1. Parties: Identification and details of contracting parties
2. Background: Context of the agreement and project overview
3. Definitions: Key terms used throughout the agreement
4. Scope of Pre-Construction Services: Detailed description of services to be provided
5. Duration and Programme: Timeframes and key milestones
6. Payment Terms: Fee structure, payment schedule and mechanisms
7. Obligations and Responsibilities: Key duties of each party
8. Insurance Requirements: Required insurance coverage and limits
9. Termination: Conditions and procedures for contract termination
10. Governing Law and Jurisdiction: Specification of applicable law and dispute resolution
1. Value Engineering: Provisions for cost optimization and efficiency improvements, typically included for large or complex projects
2. BIM Protocol: Building Information Modeling requirements and procedures, included when BIM is being utilized in the project
3. Sustainability Requirements: Environmental and sustainability obligations, included for projects with specific environmental targets
4. Interface Management: Procedures for managing interfaces with other contractors or stakeholders, included for complex projects with multiple parties
5. Intellectual Property Rights: Provisions regarding ownership and use of designs and other intellectual property
1. Schedule 1 - Services Schedule: Detailed breakdown of pre-construction services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates and payment terms
3. Schedule 3 - Programme: Detailed timeline and milestones for the pre-construction phase
4. Schedule 4 - Key Personnel: List of key team members, their roles and responsibilities
5. Schedule 5 - Required Insurances: Detailed insurance requirements including types and minimum coverage amounts
6. Schedule 6 - Forms of Collateral Warranties: Template warranties to be provided to third parties if required
Relevant legal definitions
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