The Owner's Representative Agreement is a crucial document used when property owners require professional representation to oversee construction or development projects on their behalf. This agreement, governed by United States federal and state laws, is particularly important for complex projects where owners need specialized expertise to protect their interests. The document defines the scope of authority granted to the representative, including oversight of contractors, budget management, schedule monitoring, and quality control. It's commonly used in both private and commercial development projects, establishing clear lines of responsibility and communication protocols. The agreement typically includes detailed provisions for compensation, insurance requirements, and professional standards of care, while ensuring compliance with local construction regulations and industry best practices.
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1. Parties: Identification of the Owner and the Owner's Representative, including full legal names and addresses
2. Background: Context of the agreement, including project overview and purpose of engaging an Owner's Representative
3. Definitions: Key terms used throughout the agreement, including Project, Services, Project Team, and other relevant terminology
4. Appointment and Term: Formal appointment of the Owner's Representative and duration of the agreement
5. Scope of Services: Detailed description of the services to be provided by the Owner's Representative
6. Owner's Representative's Obligations: Specific duties, responsibilities, and standard of care required
7. Owner's Obligations: Responsibilities of the Owner, including provision of information and timely decision-making
8. Compensation and Payment Terms: Fee structure, payment schedule, and reimbursable expenses
9. Insurance and Liability: Required insurance coverage and limitation of liability provisions
10. Termination: Conditions and procedures for termination by either party
11. Confidentiality: Protection of confidential information and project details
12. Intellectual Property: Ownership and usage rights of project documents and materials
13. Dispute Resolution: Procedures for handling disputes between parties
14. General Provisions: Standard contract clauses including notices, amendments, and governing law
1. Project Team Structure: Detailed organization structure and reporting relationships, recommended for complex projects with multiple stakeholders
2. Sustainability Requirements: Specific obligations related to green building or sustainability certifications, included when project has specific environmental goals
3. Technology Requirements: Specifications for project management software and systems, included when specific technology platforms are mandatory
4. Multiple Project Provisions: Terms governing services across multiple projects, used when the Owner's Representative will handle multiple projects
5. Special Consultants: Terms regarding engagement and coordination of specialized consultants, included when specific expertise is required
6. International Considerations: Special provisions for international projects or stakeholders, used when project involves cross-border elements
1. Schedule A - Detailed Scope of Services: Comprehensive breakdown of all services to be provided, including specific tasks and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of fees, hourly rates, and reimbursable expenses
3. Schedule C - Project Details: Specific project information including timeline, budget, and key milestones
4. Schedule D - Key Personnel: List of key team members and their roles, qualifications, and time commitment
5. Schedule E - Required Reports and Documentation: Templates and requirements for project reporting and documentation
6. Schedule F - Insurance Requirements: Detailed insurance requirements including types and amounts of coverage
7. Appendix 1 - Communication Protocols: Procedures for project communications and reporting hierarchies
8. Appendix 2 - Quality Control Procedures: Specific quality control and assurance processes to be implemented
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