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Construction Referral Fee Agreement
"I need a Construction Referral Fee Agreement for my Auckland-based construction company that establishes an exclusive referral arrangement with a property development firm, including a 5% referral fee structure and quarterly payment terms, to commence from March 1, 2025."
1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Sets out the context of the agreement, including the nature of the referrer's business and the construction services
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Scope of Referral Arrangement: Details the types of construction projects and services covered by the referral arrangement
5. Referral Process: Outlines the procedure for making and accepting referrals
6. Fee Structure: Specifies the referral fee calculation method and payment terms
7. Payment Terms: Details the timing, method, and conditions for fee payments
8. Obligations of Parties: Lists the responsibilities and duties of both the referrer and the construction company
9. Term and Termination: Specifies the duration of the agreement and circumstances for termination
10. Confidentiality: Establishes confidentiality obligations regarding shared information
11. General Provisions: Including governing law, dispute resolution, and standard boilerplate clauses
1. Non-Compete Clause: Restricts parties from engaging in competitive referral arrangements - include when exclusivity is required
2. Performance Standards: Sets quality benchmarks for referred work - include for high-value or specialized construction projects
3. Marketing and Promotion: Guidelines for how parties can market the referral relationship - include when public promotion is anticipated
4. Insurance Requirements: Specifies required insurance coverage - include for high-risk construction projects
5. Data Protection: Detailed provisions for handling personal data - include when significant personal information is involved
6. Force Majeure: Provisions for unforeseen circumstances - include for long-term agreements
7. Anti-Bribery and Corruption: Compliance with anti-bribery laws - include for high-value projects or public sector work
1. Schedule 1: Fee Calculation Method: Detailed breakdown of fee calculations, including percentages and examples
2. Schedule 2: Referral Territory: Geographic areas covered by the referral arrangement
3. Schedule 3: Approved Project Types: List of construction project types covered by the agreement
4. Schedule 4: Reporting Template: Standard format for tracking and reporting referrals
5. Schedule 5: Contact Details: Key contact information for both parties
6. Appendix A: Referral Process Flowchart: Visual representation of the referral process
7. Appendix B: Documentation Requirements: List of required documents for processing referrals
Authors
Construction
Real Estate
Property Development
Architecture
Building and Infrastructure
Commercial Property
Residential Property
Industrial Construction
Project Management
Professional Services
Legal
Commercial
Business Development
Operations
Sales
Contract Administration
Project Management
Finance
Risk Management
Procurement
Construction Manager
Business Development Manager
Commercial Director
Legal Counsel
Contract Manager
Project Manager
Sales Director
Operations Manager
Managing Director
Real Estate Agent
Property Developer
Architect
Quantity Surveyor
Construction Consultant
Procurement Manager
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