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Construction Agency Agreement
"I need a Construction Agency Agreement for my real estate development company to appoint an agent to manage our upcoming 50-unit residential complex project in Mumbai, with special emphasis on RERA compliance and environmental regulations."
1. Parties: Identification of the Principal and the Construction Agent, including their registered addresses and company details
2. Background: Context of the agreement, including the Principal's construction requirements and Agent's qualifications
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Appointment and Scope of Authority: Formal appointment of the Agent and detailed scope of their authority to act on behalf of the Principal
5. Duration of Agreement: Term of the agreement, including commencement date and conditions for extension
6. Agent's Obligations: Detailed responsibilities of the Agent including construction management, supervision, and reporting duties
7. Principal's Obligations: Principal's responsibilities including provision of information, approvals, and access to site
8. Payment Terms: Fee structure, payment schedule, expenses, and billing procedures
9. Performance Standards: Quality standards, compliance requirements, and performance metrics
10. Representations and Warranties: Standard representations and warranties from both parties
11. Indemnification: Mutual indemnification obligations and procedures
12. Insurance: Required insurance coverage and minimum limits
13. Termination: Grounds for termination, notice requirements, and consequences
14. Dispute Resolution: Process for resolving disputes, including arbitration provisions
15. Governing Law: Specification of Indian law as governing law and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Sub-Agency: Include when the Agent may need to appoint sub-agents for specific tasks
2. Intellectual Property Rights: Include when the services involve creation of designs or other intellectual property
3. Force Majeure: Include for longer-term agreements or in areas prone to disruptions
4. Environmental Compliance: Include for projects with significant environmental impact
5. Labor Compliance: Include when the Agent will be managing substantial workforce
6. Project Financing: Include when the Agent will assist with arranging or managing project financing
7. Performance Bond: Include when additional security for performance is required
8. Confidentiality: Include when sensitive information will be shared
9. Non-Compete: Include when protecting against competitive activities is important
10. Step-in Rights: Include when Principal may need to take over Agent's duties in certain circumstances
1. Schedule 1 - Scope of Services: Detailed breakdown of construction management and agency services
2. Schedule 2 - Fee Schedule: Detailed fee structure, including base fees, success fees, and reimbursable expenses
3. Schedule 3 - Project Timeline: Project milestones, deadlines, and completion schedule
4. Schedule 4 - Key Personnel: List of key personnel from Agent's team and their roles
5. Schedule 5 - Reporting Requirements: Format and frequency of progress reports and other required documentation
6. Schedule 6 - Technical Specifications: Detailed technical requirements and standards for the construction project
7. Schedule 7 - Required Approvals: List of required regulatory and other approvals
8. Schedule 8 - Form of Performance Bond: Standard form of performance bond if required
9. Appendix A - Power of Attorney: Format of power of attorney granting authority to the Agent
10. Appendix B - Insurance Requirements: Detailed insurance requirements including types and coverage limits
Authors
Construction
Real Estate
Infrastructure
Property Development
Commercial Property
Residential Property
Industrial Construction
Engineering Services
Project Management
Construction Management
Legal
Operations
Construction
Project Management
Real Estate
Compliance
Risk Management
Contract Administration
Property Development
Technical Services
Construction Manager
Project Director
Real Estate Developer
Property Owner
Construction Agent
Project Manager
Site Supervisor
Contract Manager
Legal Counsel
Compliance Officer
Development Manager
Construction Director
Chief Operating Officer
Operations Manager
Risk Manager
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