The Pre Construction Agreement is a crucial document used in the early stages of construction projects in Malta to establish the framework for pre-construction services. It is typically employed when a project requires significant planning, design development, or value engineering before the main construction phase begins. The agreement details the scope of pre-construction services, including cost estimation, program development, design review, and procurement strategy. It must comply with Malta's Building Regulation Act (Chapter 513) and related construction legislation, while also adhering to local planning and development requirements. This document is particularly important for complex projects where early contractor involvement can add value through expertise in buildability, cost planning, and risk management. The agreement typically precedes the main construction contract and may include provisions for transitioning between the two phases.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the principal/employer and the contractor/consultant, including full legal names and registered addresses
2. Background: Brief description of the project, the parties' intentions, and the context of the pre-construction services
3. Definitions: Key terms used throughout the agreement, including technical construction terminology and contract-specific definitions
4. Scope of Pre-Construction Services: Detailed outline of pre-construction services to be provided, including design review, cost planning, and program development
5. Duration and Program: Timeline for pre-construction services, including key milestones and deliverables
6. Fees and Payment Terms: Pre-construction service fees, payment schedule, and terms
7. Obligations of the Contractor: Detailed responsibilities and duties of the contractor during the pre-construction phase
8. Obligations of the Employer: Responsibilities of the employer, including provision of information and timely decisions
9. Design Development: Process for design review, value engineering, and design development responsibilities
10. Permits and Approvals: Responsibilities for obtaining necessary planning permissions and building permits
11. Termination: Circumstances and procedures for terminating the pre-construction agreement
12. Liability and Insurance: Insurance requirements and liability limitations for the pre-construction phase
13. Confidentiality: Protection of confidential information and intellectual property
14. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction for disputes
1. Transition to Main Construction Contract: Used when there is an intention to proceed with the main construction contract - defines the process and conditions for transitioning
2. Value Engineering Process: Include when specific value engineering services are required as part of pre-construction services
3. Building Information Modeling (BIM): Required when BIM is to be used in the project, defining BIM protocols and responsibilities
4. Environmental Requirements: Include for projects with specific environmental considerations or certifications
5. Stakeholder Management: Required for projects involving multiple stakeholders or public consultation
6. Risk Management: Include when specific risk assessment and management processes are required
7. Supply Chain Engagement: Used when early contractor involvement in supply chain selection is required
1. Schedule 1 - Scope of Pre-Construction Services: Detailed breakdown of all pre-construction services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including any stage payments and payment milestones
3. Schedule 3 - Program: Detailed pre-construction phase program with key dates and deliverables
4. Schedule 4 - Key Personnel: List of key personnel from both parties involved in the pre-construction phase
5. Schedule 5 - Required Insurance: Detailed insurance requirements and minimum coverage levels
6. Appendix A - Form of Collateral Warranty: Standard form of collateral warranty if required by third parties
7. Appendix B - Design Responsibility Matrix: Matrix defining design responsibilities between parties
8. Appendix C - Required Approvals: List of all required permits, consents, and approvals
Find the exact document you need
Sub Contracting Agreement
A Maltese law-governed agreement between a main contractor and subcontractor defining delegated work scope, terms, and obligations.
Download
Civil Contractor Agreement
A Maltese law-governed agreement establishing the terms and conditions between a company and an independent contractor, ensuring regulatory compliance and clear business relationship parameters.
Download
Owner Builder Contractor Agreement
A Maltese law-compliant agreement between an Owner-Builder and Contractor for construction projects, establishing responsibilities and terms for building works.
Download
Simple Works Contract
A Maltese law-governed Simple Works Contract for construction and renovation projects, establishing key terms between employer and contractor.
Download
Construction Framework Agreement
A Maltese law-governed agreement establishing terms and procedures for ongoing construction works between a client and contractor, enabling multiple project call-offs under a single framework.
Download
Construction Contractor Contract
A Maltese law-governed agreement between contractor and employer establishing terms for construction works, including project execution, payments, and regulatory compliance.
Download
Basic Construction Contract
A Maltese law-governed construction agreement outlining core obligations between contractor and client, ensuring compliance with local building regulations and EU standards.
Download
Management Building Contract
A Maltese law-governed contract for professional management of construction projects, establishing terms between an Employer and Management Contractor.
Download
Home Builder Contract
A Malta-governed construction agreement between a builder and homeowner for residential property construction, complying with local building regulations and consumer protection laws.
Download
Construction Service Agreement
A Maltese law-governed agreement setting out terms and conditions for construction services, including works scope, payment terms, and regulatory compliance.
Download
Engineering Procurement And Construction Agreement
A Maltese law-governed agreement for comprehensive engineering, procurement, and construction projects, establishing a turnkey contractual framework between owner and contractor.
Download
Construction Management Agreement
A Maltese law-governed agreement defining the relationship between project owner and construction manager, outlining services, responsibilities, and project management requirements.
Download
Pre Construction Agreement
A Maltese law agreement governing pre-construction services, including design development, cost planning, and preliminary works preparation.
Download
Cost Plus Construction Agreement
A Maltese law-governed agreement for construction projects based on cost reimbursement plus a fee structure, incorporating local construction regulations and industry standards.
Download
Standard Construction Contract
Standard construction contract template under Maltese law governing contractor-employer relationships in construction projects.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)