The Owner Construction Manager Agreement is a crucial document used when a property owner or developer needs to engage a professional construction manager to oversee and coordinate construction projects in Australia. This agreement is particularly relevant for complex projects where specialized project management expertise is required. It establishes the construction manager's authority to act on behalf of the owner, defines the scope of services, and sets out the fee structure and payment terms. The document ensures compliance with Australian construction laws, including state-specific building regulations, work health and safety requirements, and security of payment legislation. It includes comprehensive provisions for risk management, insurance, dispute resolution, and project administration, making it suitable for both commercial and residential construction projects of varying scales.
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1. Parties: Identifies and provides details of the Owner and Construction Manager
2. Background: Outlines the project context and the Owner's intention to engage the Construction Manager
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the agreement
4. Appointment and Duration: Formally establishes the Construction Manager's appointment and contract term
5. Construction Manager's Services: Details the core services and obligations of the Construction Manager
6. Owner's Obligations: Specifies the Owner's responsibilities and obligations
7. Project Budget and Cost Management: Outlines budget parameters and cost control procedures
8. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures
9. Insurance and Liability: Specifies required insurance coverage and liability limitations
10. Intellectual Property: Addresses ownership and usage rights of project documentation
11. Confidentiality: Sets out confidentiality obligations for both parties
12. Termination: Describes circumstances and procedures for contract termination
13. Dispute Resolution: Establishes procedures for resolving disputes
14. General Provisions: Contains standard boilerplate clauses and general terms
1. Performance Guarantees: Include when specific performance metrics or guarantees are required
2. Environmental Requirements: Include for projects with significant environmental considerations
3. Indigenous Heritage Protection: Include when project involves land with indigenous heritage considerations
4. Building Information Modeling (BIM): Include when BIM is required for the project
5. Value Engineering: Include when specific value engineering services are required
6. Quality Assurance: Include when specific quality management systems are required
7. Security of Payment: Include when additional payment security mechanisms are needed
1. Schedule 1 - Services Scope: Detailed breakdown of construction management services
2. Schedule 2 - Fee Schedule: Detailed fee breakdown and payment milestones
3. Schedule 3 - Project Program: Project timeline, milestones, and key dates
4. Schedule 4 - Site Details: Project site information and conditions
5. Schedule 5 - Key Personnel: Details of key team members and their roles
6. Schedule 6 - Insurance Requirements: Specific insurance requirements and coverage levels
7. Schedule 7 - Project Requirements: Owner's project-specific requirements and specifications
8. Appendix A - Project Plans and Drawings: Reference drawings and plans
9. Appendix B - Forms and Templates: Standard forms for project administration
Relevant legal definitions
Agreement
Applicable Laws
Approved Project Budget
Authority
Building Code
Certificate of Practical Completion
Change Order
Claim
Commencement Date
Completion Date
Confidential Information
Construction Documents
Construction Manager's Fee
Construction Manager's Services
Construction Program
Construction Works
Consultant
Contract Administration
Defects Liability Period
Design Documents
Dispute
Extension of Time
Force Majeure Event
GST
Intellectual Property Rights
Key Personnel
Milestone
Notice
Owner's Representative
Owner-Supplied Items
Practical Completion
Project
Project Budget
Project Program
Project Site
Quality Assurance Plan
Reimbursable Expenses
Schedule of Rates
Scope of Services
Security of Payment Act
Services
Site Conditions
Subcontractor
Substantial Completion
Term
Variation
WHS Laws
Work Health and Safety Plan
Works
Applicable Laws
Approved Project Budget
Authority
Building Code
Certificate of Practical Completion
Change Order
Claim
Commencement Date
Completion Date
Confidential Information
Construction Documents
Construction Manager's Fee
Construction Manager's Services
Construction Program
Construction Works
Consultant
Contract Administration
Defects Liability Period
Design Documents
Dispute
Extension of Time
Force Majeure Event
GST
Intellectual Property Rights
Key Personnel
Milestone
Notice
Owner's Representative
Owner-Supplied Items
Practical Completion
Project
Project Budget
Project Program
Project Site
Quality Assurance Plan
Reimbursable Expenses
Schedule of Rates
Scope of Services
Security of Payment Act
Services
Site Conditions
Subcontractor
Substantial Completion
Term
Variation
WHS Laws
Work Health and Safety Plan
Works
Clauses
Appointment
Authority and Delegation
Budget Control
Change Management
Compliance
Confidentiality
Construction Administration
Defects and Warranties
Delay and Extension of Time
Dispute Resolution
Environmental Protection
Fees and Payment
Force Majeure
Governing Law
Health and Safety
Indemnification
Insurance
Intellectual Property
Key Personnel
Liability
Notices
Performance Standards
Project Management
Quality Assurance
Record Keeping
Reporting
Risk Management
Security of Payment
Service Scope
Subcontracting
Suspension
Termination
Time Management
Variations
Workplace Relations
Authority and Delegation
Budget Control
Change Management
Compliance
Confidentiality
Construction Administration
Defects and Warranties
Delay and Extension of Time
Dispute Resolution
Environmental Protection
Fees and Payment
Force Majeure
Governing Law
Health and Safety
Indemnification
Insurance
Intellectual Property
Key Personnel
Liability
Notices
Performance Standards
Project Management
Quality Assurance
Record Keeping
Reporting
Risk Management
Security of Payment
Service Scope
Subcontracting
Suspension
Termination
Time Management
Variations
Workplace Relations
Relevant Industries
Commercial Real Estate
Residential Development
Industrial Construction
Infrastructure
Healthcare Facilities
Education Facilities
Retail Development
Hospitality
Mining
Manufacturing
Government Buildings
Sports and Recreation
Relevant Teams
Legal
Construction
Commercial
Operations
Risk and Compliance
Procurement
Project Controls
Property Development
Contract Administration
Executive Leadership
Relevant Roles
Construction Manager
Project Director
Development Manager
Contract Administrator
Commercial Manager
Legal Counsel
Risk Manager
Project Controls Manager
Procurement Manager
Operations Director
Chief Executive Officer
Managing Director
Property Developer
Building Services Manager
Technical Director
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