Construction Management Contract Template for Denmark

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Construction Management Contract

What is a Construction Management Contract?

The Construction Management Contract is a specialized agreement used in Danish construction projects where professional construction management services are required to oversee and coordinate complex building projects. This document is essential when clients need expert management of their construction projects while maintaining direct contractual relationships with trade contractors. The contract, governed by Danish law and aligned with AB 18 and ABR 18 regulations, is particularly suitable for large-scale or complex projects requiring professional project coordination, cost control, and schedule management. It defines the Construction Manager's role in providing pre-construction services, construction phase management, and post-construction support, while establishing clear lines of responsibility and communication between all project stakeholders. The document includes comprehensive provisions for risk management, quality control, and project delivery, making it suitable for both public and private sector projects in Denmark.

What sections should be included in a Construction Management Contract?

1. Parties: Identification of the Client/Employer and the Construction Manager, including full legal names, registration numbers, and addresses

2. Background: Context of the project, purpose of the agreement, and overview of the construction management arrangement

3. Definitions: Detailed definitions of key terms used throughout the contract, including technical and legal terminology

4. Scope of Services: Detailed description of the construction management services to be provided, including pre-construction, construction, and post-construction phases

5. Project Details: Specific information about the construction project, including location, type of building/structure, and key objectives

6. Construction Manager's Obligations: Comprehensive listing of the Construction Manager's duties, responsibilities, and standard of care

7. Client's Obligations: Client's responsibilities, including provision of information, approvals, and access to the site

8. Project Team and Personnel: Requirements for key personnel, subcontractors, and consultants, including qualification requirements and replacement procedures

9. Time Schedule: Project timeline, milestones, completion dates, and schedule management procedures

10. Fee Structure and Payment: Construction management fee calculation, payment schedule, and invoicing procedures

11. Changes and Variations: Procedures for handling changes to scope, schedule, or budget, including approval processes

12. Quality Management: Quality control procedures, standards, and compliance requirements

13. Risk Management: Risk allocation, insurance requirements, and mitigation strategies

14. Reporting and Documentation: Requirements for project reporting, record-keeping, and documentation

15. Termination: Grounds and procedures for contract termination, including consequences and obligations

16. Liability and Indemnification: Extent of liability, limitations, and indemnification obligations

17. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration processes

18. General Provisions: Standard contract clauses including governing law, notices, and entire agreement provisions

What sections are optional to include in a Construction Management Contract?

1. Sustainable Construction Requirements: Special requirements for environmental sustainability and green building standards, included when project has specific sustainability goals

2. BIM Implementation: Requirements for Building Information Modeling, included when BIM is part of the project delivery method

3. Multiple Site Provisions: Special provisions for managing multiple construction sites, included for complex projects across multiple locations

4. Public Authority Interface: Special provisions for projects involving public authorities or requiring specific public approvals

5. Financing Requirements: Special provisions related to project financing arrangements, included when specific funding requirements exist

6. Value Engineering: Procedures for value engineering processes, included when cost optimization is a key project objective

7. Commissioning Requirements: Detailed commissioning procedures, included for complex technical installations

8. Phased Completion: Special provisions for projects requiring phased completion or partial handover

What schedules should be included in a Construction Management Contract?

1. Schedule A - Scope of Services: Detailed breakdown of construction management services and deliverables

2. Schedule B - Fee Schedule: Detailed fee calculation, rates, and payment terms

3. Schedule C - Project Program: Detailed project timeline, milestones, and completion dates

4. Schedule D - Key Personnel: Details of key team members, their roles, and time commitment

5. Schedule E - Client's Requirements: Detailed technical and functional requirements for the project

6. Schedule F - Site Information: Site details, surveys, and existing condition reports

7. Schedule G - Quality Management Plan: Detailed quality control procedures and requirements

8. Schedule H - Reports and Documentation: Templates and requirements for project reporting

9. Schedule I - Insurance Requirements: Detailed insurance requirements and coverage limits

10. Schedule J - Forms and Procedures: Standard forms for changes, approvals, and other project procedures

11. Appendix 1 - Drawings and Specifications: Technical drawings and specifications

12. Appendix 2 - Permits and Approvals: Copies of relevant permits and regulatory approvals

Authors

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing formation and validity of contracts in Denmark, essential for establishing the basic contractual framework
AB 18 (General Conditions for Building and Construction Works and Supplies): Standard terms for construction contracts in Denmark, providing detailed regulations for construction project management and execution
ABR 18 (General Conditions for Consulting Services): Regulations governing consulting services in construction projects, relevant for the management aspect of construction contracts
Danish Building Regulations (Bygningsreglementet - BR18): Technical requirements and standards for construction works in Denmark, including safety, accessibility, and energy efficiency requirements
Danish Working Environment Act (Arbejdsmiljøloven): Regulations concerning health and safety requirements at construction sites and worker protection
Danish Environmental Protection Act (Miljøbeskyttelsesloven): Environmental requirements and restrictions affecting construction projects
Danish Building Act (Byggeloven): Framework legislation for construction works, including permits and approvals requirements
Danish Public Procurement Act (Udbudsloven): Regulations for public procurement processes, relevant if the project involves public entities
Danish Limitation Act (Forældelsesloven): Rules regarding time limits for claims and liabilities in construction projects
Danish Planning Act (Planloven): Regulations regarding zoning and planning permissions for construction projects
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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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