The Construction Management Agreement is essential for construction projects in India where professional project management expertise is required. This document is typically used when property owners or developers need specialized oversight of construction projects but don't want to manage the construction process directly. The agreement, governed by Indian law, establishes the construction manager's authority to act on behalf of the owner, defining their role in coordinating contractors, managing schedules, controlling costs, and ensuring compliance with local regulations. It's particularly relevant for large-scale developments, commercial projects, or complex construction endeavors where professional management is crucial for successful project delivery. The document must comply with various Indian legislation including the Real Estate (Regulation and Development) Act 2016, labor laws, and state-specific construction regulations.
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1. Parties: Identification and details of the Owner/Employer and the Construction Manager
2. Background: Context of the project and the purpose of engaging the Construction Manager
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of construction management services to be provided
5. Construction Manager's Obligations: Key responsibilities and duties of the Construction Manager
6. Owner's Obligations: Responsibilities and obligations of the Owner/Employer
7. Project Timeline: Project schedule, milestones, and completion dates
8. Compensation and Payment Terms: Fee structure, payment schedule, and billing procedures
9. Performance Standards: Quality standards and performance metrics
10. Compliance Requirements: Regulatory compliance, permits, and statutory requirements
11. Insurance and Indemnity: Insurance requirements and indemnification provisions
12. Termination: Grounds and procedures for contract termination
13. Dispute Resolution: Process for resolving disputes between parties
14. Governing Law: Applicable law and jurisdiction
15. General Provisions: Standard boilerplate clauses including notices, amendments, etc.
1. Force Majeure: Provisions for unforeseen circumstances - include for longer-term projects
2. Intellectual Property Rights: IP ownership and licenses - include if design services are involved
3. Confidentiality: Non-disclosure obligations - include for sensitive projects
4. Environmental Compliance: Specific environmental obligations - include for environmentally sensitive projects
5. Safety Management: Detailed safety protocols - include for high-risk construction projects
6. Technology and Software: Digital tools and platforms - include if specific software/tech requirements exist
7. Subcontracting: Rules for engaging subcontractors - include if subcontracting is permitted
8. Quality Assurance Program: Detailed QA procedures - include for complex projects
1. Schedule A - Project Description: Detailed description of the construction project
2. Schedule B - Scope of Services: Detailed breakdown of construction management services
3. Schedule C - Fee Schedule: Detailed fee structure and payment terms
4. Schedule D - Project Timeline: Detailed project schedule and milestones
5. Schedule E - Key Personnel: List of key team members and their roles
6. Schedule F - Required Insurance: Detailed insurance requirements and coverage limits
7. Schedule G - Project Standards: Technical specifications and quality standards
8. Schedule H - Forms and Procedures: Standard forms for project management and reporting
9. Appendix 1 - Site Details: Site plans and relevant property documents
10. Appendix 2 - Permits and Approvals: List of required permits and regulatory approvals
Relevant legal definitions
Agreement
Applicable Laws
Approved Budget
As-Built Documents
Building Permits
Certificate of Completion
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Manager
Construction Manager's Fee
Construction Phase
Construction Schedule
Contract Documents
Contractor
Cost of the Work
Defects Liability Period
Deliverables
Design Documents
Effective Date
Force Majeure Event
Governmental Authorities
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
Notice to Proceed
Owner
Owner's Representative
Performance Standards
Project
Project Budget
Project Schedule
Project Site
Quality Assurance Plan
RERA
Safety Standards
Scope of Services
Specifications
Subcontractor
Substantial Completion
Technical Standards
Term
Time Extension
Variation
Work
Applicable Laws
Approved Budget
As-Built Documents
Building Permits
Certificate of Completion
Change Order
Commencement Date
Completion Date
Construction Documents
Construction Manager
Construction Manager's Fee
Construction Phase
Construction Schedule
Contract Documents
Contractor
Cost of the Work
Defects Liability Period
Deliverables
Design Documents
Effective Date
Force Majeure Event
Governmental Authorities
Intellectual Property Rights
Key Personnel
Material Breach
Milestone
Notice to Proceed
Owner
Owner's Representative
Performance Standards
Project
Project Budget
Project Schedule
Project Site
Quality Assurance Plan
RERA
Safety Standards
Scope of Services
Specifications
Subcontractor
Substantial Completion
Technical Standards
Term
Time Extension
Variation
Work
Clauses
Appointment
Scope of Services
Authority and Obligations
Standard of Care
Project Schedule
Fee and Payment
Cost Control
Project Management
Quality Control
Health and Safety
Environmental Compliance
Regulatory Compliance
Insurance
Indemnification
Intellectual Property
Confidentiality
Record Keeping
Reporting Requirements
Personnel Requirements
Subcontracting
Change Management
Force Majeure
Termination
Dispute Resolution
Governing Law
Assignment
Notices
Amendments
Entire Agreement
Severability
Representations and Warranties
Performance Security
Site Access
Materials and Equipment
Testing and Inspection
Defects Liability
Delay and Extension of Time
Suspension
Variations
Risk Allocation
Coordination
Documentation
Handover
Warranties
Labor Compliance
Anti-Corruption
Data Protection
Scope of Services
Authority and Obligations
Standard of Care
Project Schedule
Fee and Payment
Cost Control
Project Management
Quality Control
Health and Safety
Environmental Compliance
Regulatory Compliance
Insurance
Indemnification
Intellectual Property
Confidentiality
Record Keeping
Reporting Requirements
Personnel Requirements
Subcontracting
Change Management
Force Majeure
Termination
Dispute Resolution
Governing Law
Assignment
Notices
Amendments
Entire Agreement
Severability
Representations and Warranties
Performance Security
Site Access
Materials and Equipment
Testing and Inspection
Defects Liability
Delay and Extension of Time
Suspension
Variations
Risk Allocation
Coordination
Documentation
Handover
Warranties
Labor Compliance
Anti-Corruption
Data Protection
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Healthcare Construction
Educational Facilities
Hospitality
Retail Development
Government Infrastructure
Mixed-Use Development
Relevant Teams
Legal
Operations
Construction
Project Management
Development
Procurement
Risk Management
Compliance
Property Management
Contract Administration
Technical Services
Relevant Roles
Construction Manager
Project Director
Development Manager
Property Developer
Real Estate Manager
Contract Manager
Legal Counsel
Project Manager
Construction Director
Facilities Manager
Development Director
Chief Operating Officer
Operations Manager
Procurement Manager
Risk Manager
Compliance Officer
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