The Owner Construction Manager Agreement is essential for projects where professional construction management services are required separate from traditional contractor roles. This agreement, governed by English and Welsh law, details the construction manager's duties in coordinating, supervising, and managing the construction process on behalf of the owner. It includes provisions for fee structures, project timelines, risk allocation, and compliance with UK construction regulations. The document is particularly relevant for complex projects requiring specialized management expertise and where the owner seeks professional representation throughout the construction process.
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1. 1. Parties: Identification and details of the Owner and Construction Manager
2. 2. Background: Context of the agreement and project overview
3. 3. Definitions: Key terms used throughout the agreement including references to relevant legislation
4. 4. Appointment: Formal appointment of the Construction Manager and scope overview
5. 5. Construction Manager's Obligations: Detailed responsibilities including compliance with Construction Act 1996 and CDM Regulations 2015
6. 6. Owner's Obligations: Client duties and responsibilities under relevant legislation
7. 7. Programme and Progress: Project timeline, milestones, and reporting requirements
8. 8. Payment Terms: Fee structure, payment mechanisms, and compliance with Construction Act payment provisions
9. 9. Changes and Variations: Procedures for handling scope changes and variations
10. 10. Insurance and Liability: Insurance requirements and liability limitations
11. 11. Termination: Conditions and procedures for contract termination
12. 12. Dispute Resolution: Procedures for resolving disputes including statutory adjudication rights
1. Value Engineering: Cost optimization procedures and methodologies (for complex projects)
2. BIM Protocol: Building Information Modeling requirements and standards (when BIM is implemented)
3. Sustainability Requirements: Environmental and sustainability standards (for projects with specific environmental targets)
4. Multi-Stage Appointment: Specific provisions for phased services (for projects delivered in stages)
1. Schedule 1 - Scope of Services: Detailed breakdown of Construction Manager's services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, payment structure, and rates
3. Schedule 3 - Project Programme: Detailed timeline, key dates, and milestone requirements
4. Schedule 4 - Key Personnel: List of key team members, roles, and responsibilities
5. Schedule 5 - Insurance Requirements: Detailed insurance coverage requirements and minimum levels
6. Schedule 6 - Site Information: Project site details and relevant information
7. Schedule 7 - Owner's Requirements: Detailed specifications of Owner's project requirements
Relevant legal definitions
Agreement
Additional Services
Applicable Laws
Base Services
CDM Regulations
Change Order
Completion Date
Construction Documents
Construction Phase
Construction Programme
Contract Sum
Defects Liability Period
Fee
Force Majeure
Key Personnel
Project
Professional Team
Site
Substantial Completion
Trade Contractors
Variations
Works
Additional Services
Applicable Laws
Base Services
CDM Regulations
Change Order
Completion Date
Construction Documents
Construction Phase
Construction Programme
Contract Sum
Defects Liability Period
Fee
Force Majeure
Key Personnel
Project
Professional Team
Site
Substantial Completion
Trade Contractors
Variations
Works
Clauses
Appointment and Authority
Scope of Services
Construction Manager's Obligations
Owner's Obligations
Payment Terms
Programme and Time
Health and Safety
Insurance and Indemnity
Variations
Suspension and Termination
Intellectual Property
Confidentiality
Dispute Resolution
Force Majeure
Assignment and Subcontracting
Warranties and Representations
Record Keeping
Quality Control
Defects Liability
Notices
Governing Law
Scope of Services
Construction Manager's Obligations
Owner's Obligations
Payment Terms
Programme and Time
Health and Safety
Insurance and Indemnity
Variations
Suspension and Termination
Intellectual Property
Confidentiality
Dispute Resolution
Force Majeure
Assignment and Subcontracting
Warranties and Representations
Record Keeping
Quality Control
Defects Liability
Notices
Governing Law
Relevant Industries
Relevant Teams
Relevant Roles
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