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Pre Construction Agreement
"I need a Pre-Construction Agreement for a commercial office development in Vienna, with a project value of €50M, incorporating BIM requirements and specific provisions for sustainable building certification, targeting project commencement in March 2025."
1. Parties: Identification and details of the contracting parties including the employer/client and the contractor/consultant
2. Background: Context of the agreement and brief description of the proposed construction project
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Pre-Construction Services: Detailed description of pre-construction services to be provided, including design review, cost planning, and feasibility studies
5. Duration and Timeline: Timeline for pre-construction services and key milestone dates
6. Contractor's Obligations: Specific responsibilities and duties of the contractor during the pre-construction phase
7. Client's Obligations: Responsibilities and duties of the client, including provision of information and access
8. Fees and Payment Terms: Pre-construction service fees, payment schedule, and invoicing requirements
9. Intellectual Property Rights: Ownership and usage rights of designs, documents, and other materials produced
10. Confidentiality: Obligations regarding confidential information and project details
11. Termination: Conditions and procedures for terminating the pre-construction agreement
12. Liability and Insurance: Liability limitations and required insurance coverage
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
14. Notices: Process and requirements for formal communications between parties
1. Transition to Construction Phase: Include when there's a potential for the contractor to proceed with the main construction phase - defines conditions and process for transition
2. Value Engineering: Include for complex projects where cost optimization is a key objective
3. Environmental Compliance: Include when the project has significant environmental considerations or requirements
4. Stakeholder Management: Include when the project involves multiple stakeholders or public consultation
5. Building Information Modeling (BIM): Include when BIM is to be used in the pre-construction phase
6. Site Investigation: Include when specific site investigation works are part of pre-construction services
7. Force Majeure: Include for longer pre-construction phases or high-risk locations
8. Dispute Resolution: Include detailed alternative dispute resolution procedures for complex projects
1. Schedule 1 - Scope of Services: Detailed breakdown of pre-construction services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Project Program: Preliminary project timeline and key milestones
4. Schedule 4 - Key Personnel: List of key personnel from both parties and their roles
5. Schedule 5 - Required Insurance: Detailed insurance requirements and coverage limits
6. Schedule 6 - Client's Requirements: Initial project brief and client's specific requirements
7. Schedule 7 - Form of Reports: Templates and requirements for progress reports and other documentation
8. Appendix A - Site Information: Available site information, surveys, and existing conditions
9. Appendix B - Relevant Planning Permissions: Copies of existing permits or required planning permissions
10. Appendix C - Design Documents: Preliminary design documents and specifications
Authors
Applicable Laws
Approvals
Architect
Authority
Building Permit
Business Day
Client
Client's Requirements
Commencement Date
Confidential Information
Construction Documents
Construction Phase
Consultant
Contract Sum
Contractor
Cost Plan
Design Development
Design Documents
Effective Date
Environmental Requirements
Feasibility Study
Fee
Force Majeure
Good Industry Practice
Intellectual Property Rights
Key Personnel
Milestone
Notice
ÖNORM Standards
Parties
Payment Schedule
Pre-Construction Phase
Pre-Construction Services
Preliminary Design
Professional Team
Project
Project Manager
Project Program
Project Site
Regulations
Schedule of Services
Site Information
Statutory Requirements
Sub-Consultant
Technical Specifications
Termination Date
Value Engineering
Variation
Works
Appointment
Duration
Scope of Services
Contractor Obligations
Client Obligations
Project Management
Design Development
Cost Planning
Program and Timeline
Personnel
Sub-Contracting
Fees and Payment
Variations
Insurance
Liability
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Termination
Suspension
Assignment and Novation
Notices
Dispute Resolution
Governing Law
Health and Safety
Environmental Compliance
Quality Assurance
Documentation and Reporting
Site Access and Investigation
Warranties and Representations
Third Party Rights
Entire Agreement
Severability
Amendments
Waiver
Set-off
Anti-Corruption
Transition to Construction Phase
Commercial Real Estate
Residential Development
Industrial Construction
Infrastructure
Healthcare
Education
Retail
Hospitality
Public Sector
Energy
Transportation
Mixed-use Development
Legal
Construction
Project Management
Commercial
Development
Design
Planning
Procurement
Risk Management
Technical Services
Project Director
Construction Manager
Legal Counsel
Contract Manager
Cost Manager
Project Manager
Architect
Development Manager
Planning Consultant
Commercial Director
Technical Director
Risk Manager
Procurement Manager
Design Manager
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