The Management Building Contract is a specialized agreement used in construction projects where professional management expertise is required to coordinate and oversee complex building works in Malta. This document is particularly suitable for large-scale construction projects where the client needs a professional contractor to manage multiple trade contractors and coordinate various aspects of the construction process. It follows Maltese construction law and recent reforms in the building industry, including compliance with the Building and Construction Authority Act 2021. The contract establishes clear lines of responsibility, risk allocation, and management procedures, while ensuring compliance with local building regulations and industry standards. It's designed to protect both the Employer's interests in achieving project objectives and the Management Contractor's professional role in delivering the construction project.
Management Building Contract for Malta
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Management Building Contract
"I need a Management Building Contract under Maltese law for a large-scale hotel development project in Valletta, with specific provisions for heritage building preservation and phased completion scheduled for March 2025."
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1. Parties: Identification of the Employer and the Management Contractor, including their registered addresses and company details
2. Background: Context of the project, brief description of the works, and the basis for engaging the Management Contractor
3. Definitions and Interpretation: Detailed definitions of terms used throughout the contract and rules of interpretation
4. Management Contractor's Obligations: Core responsibilities including project management, coordination, scheduling, and supervision duties
5. Employer's Obligations: Key responsibilities of the Employer including access to site, information provision, and payment obligations
6. Project Management Services: Detailed scope of management services, including planning, coordination, and supervision requirements
7. Work Packages and Trade Contracts: Process for managing work packages, selecting and managing trade contractors
8. Time and Programme: Project timeline, milestones, completion dates, and programming requirements
9. Payment Provisions: Management fee structure, payment mechanisms, and financial management requirements
10. Changes and Variations: Procedures for handling changes to the works and variation management
11. Quality Management: Quality control procedures, inspection requirements, and compliance standards
12. Health and Safety: Safety management obligations and compliance with Maltese H&S regulations
13. Insurance and Liability: Required insurance coverage and allocation of liabilities between parties
14. Termination: Grounds and procedures for contract termination by either party
15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
1. Environmental Management: Include when project has specific environmental requirements or sensitivities
2. Building Information Modelling (BIM): Include when BIM is required for project delivery
3. Value Engineering: Include when specific cost optimization processes are required
4. Stakeholder Management: Include for projects with significant public or third-party interface
5. Security Requirements: Include for projects with specific security needs or sensitive locations
6. Heritage Conservation: Include when working with historic buildings or protected structures
7. Phasing and Sectional Completion: Include when project requires phased handover or sectional completion
1. Schedule 1 - Project Specifications: Detailed technical specifications and requirements for the works
2. Schedule 2 - Site Information: Site details, surveys, and existing condition information
3. Schedule 3 - Management Fee Breakdown: Detailed breakdown of management contractor's fee structure
4. Schedule 4 - Programme Requirements: Detailed programming requirements and key milestone dates
5. Schedule 5 - Key Personnel: Details of key staff and their roles/responsibilities
6. Schedule 6 - Form of Trade Contract: Standard form of contract to be used with trade contractors
7. Schedule 7 - Quality Management Plan: Detailed quality management procedures and requirements
8. Schedule 8 - Health and Safety Requirements: Detailed H&S requirements and procedures
9. Schedule 9 - Required Insurance: Detailed insurance requirements and minimum coverage levels
10. Appendix A - Drawing Register: List of contract drawings and specifications
11. Appendix B - Forms and Templates: Standard forms for project administration
12. Appendix C - Risk Register: Initial risk register and risk management procedures
Authors
Relevant legal definitions
Applicable Laws
Architect
Base Date
BCA
Building Regulations
CDM Regulations
Completion Date
Construction Documents
Construction Period
Contract Sum
Defects Liability Period
Design Documents
Direct Loss and/or Expense
Employer
Employer's Requirements
Extension of Time
Final Account
Final Certificate
Force Majeure
Good Industry Practice
Health and Safety File
Insurance Requirements
Interim Payment
Key Personnel
Management Contractor
Management Fee
Material
Method Statement
Milestone
Notice
Occupation Certificate
Practical Completion
Pre-Construction Services
Programme
Project
Project Manager
Quality Management Plan
Retention
Risk Register
Site
Site Conditions
Specifications
Sub-Contractor
Substantial Completion
Trade Contract
Trade Contractor
Variation
Works
Working Day
Works Package
Construction Phase Plan
Defects
Design Team
Environmental Requirements
Liquidated Damages
Payment Certificate
Performance Bond
Permits
Professional Indemnity Insurance
Project Bank Account
Quality Standards
Schedule of Works
Site Access
Statutory Requirements
Taking Over Certificate
Technical Submittal
Time for Completion
Warranties
Architect
Base Date
BCA
Building Regulations
CDM Regulations
Completion Date
Construction Documents
Construction Period
Contract Sum
Defects Liability Period
Design Documents
Direct Loss and/or Expense
Employer
Employer's Requirements
Extension of Time
Final Account
Final Certificate
Force Majeure
Good Industry Practice
Health and Safety File
Insurance Requirements
Interim Payment
Key Personnel
Management Contractor
Management Fee
Material
Method Statement
Milestone
Notice
Occupation Certificate
Practical Completion
Pre-Construction Services
Programme
Project
Project Manager
Quality Management Plan
Retention
Risk Register
Site
Site Conditions
Specifications
Sub-Contractor
Substantial Completion
Trade Contract
Trade Contractor
Variation
Works
Working Day
Works Package
Construction Phase Plan
Defects
Design Team
Environmental Requirements
Liquidated Damages
Payment Certificate
Performance Bond
Permits
Professional Indemnity Insurance
Project Bank Account
Quality Standards
Schedule of Works
Site Access
Statutory Requirements
Taking Over Certificate
Technical Submittal
Time for Completion
Warranties
Clauses
Definitions and Interpretation
Appointment
Duration
Management Contractor's Obligations
Employer's Obligations
Project Management Services
Works Packages
Trade Contractor Management
Programme and Progress
Extensions of Time
Payment
Variations
Quality Management
Health and Safety
Insurance
Indemnities
Force Majeure
Suspension
Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Subcontracting
Notices
Governing Law
Site Access and Conditions
Materials and Workmanship
Design Responsibilities
Testing and Inspection
Completion and Defects
Warranties and Guarantees
Performance Security
Environmental Protection
Records and Reporting
Risk Allocation
Regulatory Compliance
Personnel Requirements
Construction Planning
Cost Control
Documentation Management
Security
Third Party Rights
Entire Agreement
Severability
Waiver
Compliance with Laws
Anti-Corruption
Data Protection
Appointment
Duration
Management Contractor's Obligations
Employer's Obligations
Project Management Services
Works Packages
Trade Contractor Management
Programme and Progress
Extensions of Time
Payment
Variations
Quality Management
Health and Safety
Insurance
Indemnities
Force Majeure
Suspension
Termination
Dispute Resolution
Confidentiality
Intellectual Property
Assignment and Subcontracting
Notices
Governing Law
Site Access and Conditions
Materials and Workmanship
Design Responsibilities
Testing and Inspection
Completion and Defects
Warranties and Guarantees
Performance Security
Environmental Protection
Records and Reporting
Risk Allocation
Regulatory Compliance
Personnel Requirements
Construction Planning
Cost Control
Documentation Management
Security
Third Party Rights
Entire Agreement
Severability
Waiver
Compliance with Laws
Anti-Corruption
Data Protection
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Healthcare Construction
Education Construction
Hospitality Construction
Public Sector Construction
Relevant Teams
Legal
Construction
Commercial
Operations
Project Management
Risk and Compliance
Procurement
Finance
Technical Services
Business Development
Relevant Roles
Construction Manager
Project Director
Commercial Director
Contracts Manager
Project Manager
Quantity Surveyor
Construction Director
Legal Counsel
Risk Manager
Procurement Manager
Site Manager
Technical Director
Operations Manager
Chief Executive Officer
Financial Director
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