The Construction Management Agreement is a crucial document used in construction projects in Malta where professional construction management services are required. This agreement is particularly important for complex construction projects where specialized oversight and coordination are necessary. It establishes the legal framework for the construction manager's appointment, defining their authority to act on behalf of the project owner in managing contractors, coordinating construction activities, and ensuring project delivery. The document must comply with Maltese construction laws, including the Building Regulation Act and EU regulations applicable in Malta. It typically includes detailed provisions for project management services, fee structures, risk allocation, and quality control procedures, while addressing specific local requirements for construction permits, health and safety regulations, and environmental compliance.
Construction Management Agreement for Malta
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Construction Management Agreement
"I need a Construction Management Agreement for a large-scale commercial development project in Malta, with construction starting March 2025, including specific provisions for sustainability requirements and BIM implementation."
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1. Parties: Identification and details of the contracting parties - typically the Owner/Employer and the Construction Manager
2. Background: Context of the agreement, including project overview and purpose of engaging the Construction Manager
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Appointment and Scope of Services: Formal appointment of the Construction Manager and detailed scope of services to be provided
5. Construction Manager's Obligations: Comprehensive list of duties and responsibilities of the Construction Manager
6. Client's Obligations: Responsibilities and obligations of the Client/Owner
7. Project Timeline: Key dates, milestones, and project phases
8. Fee Structure and Payment Terms: Detailed breakdown of fees, payment schedule, and payment conditions
9. Changes and Variations: Procedures for handling changes to scope, timeline, or costs
10. Risk Allocation and Insurance: Distribution of risks and required insurance coverage
11. Performance Standards: Quality standards and performance metrics
12. Reporting and Communication: Requirements for project reporting and communication protocols
13. Termination: Conditions and procedures for contract termination
14. Liability and Indemnification: Extent of liability and indemnification obligations
15. Dispute Resolution: Procedures for handling disputes
16. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Design Management: Include when Construction Manager has design review or management responsibilities
2. Value Engineering: Include when Construction Manager is expected to provide value engineering services
3. Sustainability Requirements: Include when project has specific environmental or sustainability goals
4. BIM Requirements: Include when Building Information Modeling is part of the project scope
5. Multiple Phase Services: Include when project is divided into distinct phases with different service requirements
6. Preconstruction Services: Include when Construction Manager is involved in preconstruction phase
7. Cost Control Procedures: Include when Construction Manager has specific cost management responsibilities
8. Subcontractor Management: Include when Construction Manager has authority over subcontractor selection and management
9. Quality Assurance Program: Include when specific quality management procedures are required
10. Site Safety Management: Include when Construction Manager has specific safety management responsibilities
1. Schedule A - Scope of Services: Detailed breakdown of all services to be provided by the Construction Manager
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Project Program: Detailed project timeline, milestones, and completion dates
4. Schedule D - Key Personnel: List of key team members and their roles
5. Schedule E - Project Specific Requirements: Special requirements or conditions specific to the project
6. Schedule F - Required Insurance: Detailed insurance requirements and coverage limits
7. Schedule G - Site Information: Details about the construction site and existing conditions
8. Schedule H - Form of Reports: Templates and requirements for project reports
9. Schedule I - Quality Management Plan: Detailed quality management procedures and requirements
10. Schedule J - Health and Safety Requirements: Specific health and safety procedures and requirements
11. Appendix 1 - Project Drawings: Reference drawings and specifications
12. Appendix 2 - Forms and Templates: Standard forms for various project procedures
Authors
Relevant legal definitions
Agreement
Applicable Laws
Architect
Building Regulations
Certificate of Completion
Change Order
Client Representative
Commencement Date
Completion Date
Construction Documents
Construction Manager
Construction Manager's Fee
Construction Phase
Construction Schedule
Contract Documents
Contractor
Defects Liability Period
Deliverables
Design Documents
Direct Costs
Dispute
Employer
Equipment
Extension of Time
Final Account
Force Majeure
Good Industry Practice
Governing Law
Health and Safety Plan
Intellectual Property Rights
Key Personnel
Lien
Maltese Law
Material Breach
Materials
Milestone
Notice
Owner
Parties
Performance Standards
Permits
Personnel
Planning Authority
Practical Completion
Pre-Construction Phase
Professional Team
Project
Project Budget
Project Manager
Project Program
Project Site
Quality Management Plan
Reimbursable Expenses
Risk Register
Schedule of Services
Site
Specifications
Subcontractor
Substantial Completion
Suspension
Technical Requirements
Termination Date
Time for Completion
Variations
Works
Applicable Laws
Architect
Building Regulations
Certificate of Completion
Change Order
Client Representative
Commencement Date
Completion Date
Construction Documents
Construction Manager
Construction Manager's Fee
Construction Phase
Construction Schedule
Contract Documents
Contractor
Defects Liability Period
Deliverables
Design Documents
Direct Costs
Dispute
Employer
Equipment
Extension of Time
Final Account
Force Majeure
Good Industry Practice
Governing Law
Health and Safety Plan
Intellectual Property Rights
Key Personnel
Lien
Maltese Law
Material Breach
Materials
Milestone
Notice
Owner
Parties
Performance Standards
Permits
Personnel
Planning Authority
Practical Completion
Pre-Construction Phase
Professional Team
Project
Project Budget
Project Manager
Project Program
Project Site
Quality Management Plan
Reimbursable Expenses
Risk Register
Schedule of Services
Site
Specifications
Subcontractor
Substantial Completion
Suspension
Technical Requirements
Termination Date
Time for Completion
Variations
Works
Clauses
Appointment
Scope of Services
Construction Manager's Obligations
Client's Obligations
Authority and Limitations
Project Timeline
Fee Structure
Payment Terms
Performance Standards
Quality Control
Health and Safety
Environmental Compliance
Insurance Requirements
Indemnification
Liability
Risk Allocation
Change Management
Variations
Delay and Extension of Time
Force Majeure
Reporting Requirements
Communication Protocols
Document Management
Confidentiality
Intellectual Property
Personnel Requirements
Subcontracting
Assignment and Novation
Suspension
Termination
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendments
Waiver
Third Party Rights
Anti-Corruption
Data Protection
Regulatory Compliance
Scope of Services
Construction Manager's Obligations
Client's Obligations
Authority and Limitations
Project Timeline
Fee Structure
Payment Terms
Performance Standards
Quality Control
Health and Safety
Environmental Compliance
Insurance Requirements
Indemnification
Liability
Risk Allocation
Change Management
Variations
Delay and Extension of Time
Force Majeure
Reporting Requirements
Communication Protocols
Document Management
Confidentiality
Intellectual Property
Personnel Requirements
Subcontracting
Assignment and Novation
Suspension
Termination
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendments
Waiver
Third Party Rights
Anti-Corruption
Data Protection
Regulatory Compliance
Relevant Industries
Commercial Real Estate
Residential Development
Industrial Construction
Infrastructure Development
Healthcare Construction
Hospitality Construction
Retail Development
Educational Facilities
Mixed-Use Development
Public Sector Construction
Relevant Teams
Legal
Construction
Project Management
Commercial
Operations
Risk & Compliance
Finance
Technical Services
Development
Procurement
Quality Assurance
Health & Safety
Relevant Roles
Construction Manager
Project Director
Development Manager
Chief Executive Officer
Commercial Director
Contract Manager
Project Manager
Construction Director
Legal Counsel
Risk Manager
Quantity Surveyor
Technical Director
Operations Manager
Site Manager
Compliance Officer
Finance Director
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