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Construction Agency Agreement for the United States

Construction Agency Agreement Template for United States

A Construction Agency Agreement is a legal document used in the United States that establishes a relationship between a principal/owner and a construction agent who will act on their behalf in managing a construction project. This agreement outlines the agent's authority, responsibilities, compensation, and limitations while ensuring compliance with federal and state construction laws, including licensing requirements, safety regulations, and labor laws. The agreement typically includes provisions for project management, cost control, schedule maintenance, and quality assurance.

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Construction Agency Agreement

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What is a Construction Agency Agreement?

The Construction Agency Agreement is essential when a property owner needs professional representation in managing a construction project but lacks the expertise or resources to do so directly. This document, governed by U.S. federal and state construction laws, establishes the framework for the agent's authority to act on behalf of the owner in dealing with contractors, architects, and other project stakeholders. The agreement covers crucial aspects such as scope of authority, compensation, insurance requirements, and risk allocation, while ensuring compliance with relevant building codes, safety regulations, and labor laws. It's particularly important for complex projects where professional project management is crucial for successful completion.

What sections should be included in a Construction Agency Agreement?

1. Parties: Identification of the Principal (owner) and the Construction Agent

2. Background: Context of the agreement and brief project overview

3. Definitions: Key terms used throughout the agreement

4. Scope of Authority: Detailed description of agent's powers and limitations

5. Agent's Duties and Responsibilities: Specific obligations of the construction agent

6. Principal's Obligations: Responsibilities and commitments of the principal

7. Compensation and Payment Terms: Fee structure, payment schedule, and reimbursable expenses

8. Term and Termination: Duration of agreement and termination conditions

9. Insurance and Indemnification: Required insurance coverage and indemnity provisions

What sections are optional to include in a Construction Agency Agreement?

1. Project-Specific Requirements: Special conditions unique to the project - use when project has unique requirements or specifications

2. Dispute Resolution: Specific procedures for handling disputes - use when parties want to specify alternative dispute resolution methods

3. Force Majeure: Provisions for unforeseen circumstances - use when parties want specific provisions for extraordinary events

4. Confidentiality: Protection of sensitive information - use when project involves proprietary information

What schedules should be included in a Construction Agency Agreement?

1. Schedule A - Project Description: Detailed scope of work and project specifications

2. Schedule B - Fee Schedule: Detailed breakdown of fees and payment terms

3. Schedule C - Insurance Requirements: Specific insurance coverage requirements

4. Schedule D - Project Timeline: Project milestones and completion dates

5. Schedule E - Key Personnel: List of key team members and their roles

6. Appendix 1 - Required Forms: Standard forms and certificates required by law

7. Appendix 2 - Safety Protocols: Safety requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Agency Agreement

Cost

Free to use
Clauses


































Industries

Federal Acquisition Regulation (FAR): Primary regulation for federal government construction contracts, detailing procurement policies and procedures

Davis-Bacon Act: Federal law requiring payment of prevailing wages on public works projects, ensuring fair labor standards in federal construction contracts

Contract Disputes Act: Federal legislation governing resolution of disputes in federal government contracts, including construction agreements

Miller Act: Federal law requiring performance bonds and payment bonds for federal construction projects over $100,000

Occupational Safety and Health Act (OSHA): Federal law establishing workplace safety standards and regulations applicable to construction sites

State Contractor Licensing Laws: State-specific requirements for contractor licensing, registration, and certification

State Construction Lien Laws: State-specific regulations governing mechanics liens and payment security in construction projects

State Building Codes: State-specific construction and safety standards that must be followed in building projects

State Insurance Requirements: State-mandated insurance coverage requirements for construction projects and contractors

State Prompt Payment Acts: State laws governing timing and terms of payments in construction projects

AIA Contract Standards: Standardized construction contract documents developed by the American Institute of Architects

AGC Guidelines: Construction industry guidelines established by the Associated General Contractors of America

CMAA Standards: Professional standards set by the Construction Management Association of America

Local Building Codes: Municipality-specific construction requirements and permits

Environmental Protection Agency (EPA) Requirements: Federal environmental regulations affecting construction projects

Americans with Disabilities Act (ADA): Federal law requiring accessible design and construction in public accommodations

Insurance Requirements: General liability, workers' compensation, and other insurance requirements for construction projects

Bonding Requirements: Performance and payment bond requirements for construction projects

State Employment Laws: State-specific regulations governing employment relationships and worker rights

Anti-discrimination Laws: Federal and state laws prohibiting discrimination in construction contracting and employment

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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