The Management Building Contract is a specialized agreement used in construction projects where professional management expertise is required to coordinate and oversee complex building works in Malta. This document is particularly suitable for large-scale construction projects where the client needs a professional contractor to manage multiple trade contractors and coordinate various aspects of the construction process. It follows Maltese construction law and recent reforms in the building industry, including compliance with the Building and Construction Authority Act 2021. The contract establishes clear lines of responsibility, risk allocation, and management procedures, while ensuring compliance with local building regulations and industry standards. It's designed to protect both the Employer's interests in achieving project objectives and the Management Contractor's professional role in delivering the construction project.
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1. Parties: Identification of the Employer and the Management Contractor, including their registered addresses and company details
2. Background: Context of the project, brief description of the works, and the basis for engaging the Management Contractor
3. Definitions and Interpretation: Detailed definitions of terms used throughout the contract and rules of interpretation
4. Management Contractor's Obligations: Core responsibilities including project management, coordination, scheduling, and supervision duties
5. Employer's Obligations: Key responsibilities of the Employer including access to site, information provision, and payment obligations
6. Project Management Services: Detailed scope of management services, including planning, coordination, and supervision requirements
7. Work Packages and Trade Contracts: Process for managing work packages, selecting and managing trade contractors
8. Time and Programme: Project timeline, milestones, completion dates, and programming requirements
9. Payment Provisions: Management fee structure, payment mechanisms, and financial management requirements
10. Changes and Variations: Procedures for handling changes to the works and variation management
11. Quality Management: Quality control procedures, inspection requirements, and compliance standards
12. Health and Safety: Safety management obligations and compliance with Maltese H&S regulations
13. Insurance and Liability: Required insurance coverage and allocation of liabilities between parties
14. Termination: Grounds and procedures for contract termination by either party
15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
1. Environmental Management: Include when project has specific environmental requirements or sensitivities
2. Building Information Modelling (BIM): Include when BIM is required for project delivery
3. Value Engineering: Include when specific cost optimization processes are required
4. Stakeholder Management: Include for projects with significant public or third-party interface
5. Security Requirements: Include for projects with specific security needs or sensitive locations
6. Heritage Conservation: Include when working with historic buildings or protected structures
7. Phasing and Sectional Completion: Include when project requires phased handover or sectional completion
1. Schedule 1 - Project Specifications: Detailed technical specifications and requirements for the works
2. Schedule 2 - Site Information: Site details, surveys, and existing condition information
3. Schedule 3 - Management Fee Breakdown: Detailed breakdown of management contractor's fee structure
4. Schedule 4 - Programme Requirements: Detailed programming requirements and key milestone dates
5. Schedule 5 - Key Personnel: Details of key staff and their roles/responsibilities
6. Schedule 6 - Form of Trade Contract: Standard form of contract to be used with trade contractors
7. Schedule 7 - Quality Management Plan: Detailed quality management procedures and requirements
8. Schedule 8 - Health and Safety Requirements: Detailed H&S requirements and procedures
9. Schedule 9 - Required Insurance: Detailed insurance requirements and minimum coverage levels
10. Appendix A - Drawing Register: List of contract drawings and specifications
11. Appendix B - Forms and Templates: Standard forms for project administration
12. Appendix C - Risk Register: Initial risk register and risk management procedures
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