The Construction Management Agreement is a crucial document used in construction projects in Malta where professional construction management services are required. This agreement is particularly important for complex construction projects where specialized oversight and coordination are necessary. It establishes the legal framework for the construction manager's appointment, defining their authority to act on behalf of the project owner in managing contractors, coordinating construction activities, and ensuring project delivery. The document must comply with Maltese construction laws, including the Building Regulation Act and EU regulations applicable in Malta. It typically includes detailed provisions for project management services, fee structures, risk allocation, and quality control procedures, while addressing specific local requirements for construction permits, health and safety regulations, and environmental compliance.
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1. Parties: Identification and details of the contracting parties - typically the Owner/Employer and the Construction Manager
2. Background: Context of the agreement, including project overview and purpose of engaging the Construction Manager
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Appointment and Scope of Services: Formal appointment of the Construction Manager and detailed scope of services to be provided
5. Construction Manager's Obligations: Comprehensive list of duties and responsibilities of the Construction Manager
6. Client's Obligations: Responsibilities and obligations of the Client/Owner
7. Project Timeline: Key dates, milestones, and project phases
8. Fee Structure and Payment Terms: Detailed breakdown of fees, payment schedule, and payment conditions
9. Changes and Variations: Procedures for handling changes to scope, timeline, or costs
10. Risk Allocation and Insurance: Distribution of risks and required insurance coverage
11. Performance Standards: Quality standards and performance metrics
12. Reporting and Communication: Requirements for project reporting and communication protocols
13. Termination: Conditions and procedures for contract termination
14. Liability and Indemnification: Extent of liability and indemnification obligations
15. Dispute Resolution: Procedures for handling disputes
16. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Design Management: Include when Construction Manager has design review or management responsibilities
2. Value Engineering: Include when Construction Manager is expected to provide value engineering services
3. Sustainability Requirements: Include when project has specific environmental or sustainability goals
4. BIM Requirements: Include when Building Information Modeling is part of the project scope
5. Multiple Phase Services: Include when project is divided into distinct phases with different service requirements
6. Preconstruction Services: Include when Construction Manager is involved in preconstruction phase
7. Cost Control Procedures: Include when Construction Manager has specific cost management responsibilities
8. Subcontractor Management: Include when Construction Manager has authority over subcontractor selection and management
9. Quality Assurance Program: Include when specific quality management procedures are required
10. Site Safety Management: Include when Construction Manager has specific safety management responsibilities
1. Schedule A - Scope of Services: Detailed breakdown of all services to be provided by the Construction Manager
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Project Program: Detailed project timeline, milestones, and completion dates
4. Schedule D - Key Personnel: List of key team members and their roles
5. Schedule E - Project Specific Requirements: Special requirements or conditions specific to the project
6. Schedule F - Required Insurance: Detailed insurance requirements and coverage limits
7. Schedule G - Site Information: Details about the construction site and existing conditions
8. Schedule H - Form of Reports: Templates and requirements for project reports
9. Schedule I - Quality Management Plan: Detailed quality management procedures and requirements
10. Schedule J - Health and Safety Requirements: Specific health and safety procedures and requirements
11. Appendix 1 - Project Drawings: Reference drawings and specifications
12. Appendix 2 - Forms and Templates: Standard forms for various project procedures
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