Pre Construction Agreement for Malta
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Pre Construction Agreement
"I need a Pre Construction Agreement under Maltese law for a large commercial office development in Valletta, with particular emphasis on sustainable construction methods and LEED certification requirements, planned to commence in March 2025."
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1. Parties: Identification of the principal/employer and the contractor/consultant, including full legal names and registered addresses
2. Background: Brief description of the project, the parties' intentions, and the context of the pre-construction services
3. Definitions: Key terms used throughout the agreement, including technical construction terminology and contract-specific definitions
4. Scope of Pre-Construction Services: Detailed outline of pre-construction services to be provided, including design review, cost planning, and program development
5. Duration and Program: Timeline for pre-construction services, including key milestones and deliverables
6. Fees and Payment Terms: Pre-construction service fees, payment schedule, and terms
7. Obligations of the Contractor: Detailed responsibilities and duties of the contractor during the pre-construction phase
8. Obligations of the Employer: Responsibilities of the employer, including provision of information and timely decisions
9. Design Development: Process for design review, value engineering, and design development responsibilities
10. Permits and Approvals: Responsibilities for obtaining necessary planning permissions and building permits
11. Termination: Circumstances and procedures for terminating the pre-construction agreement
12. Liability and Insurance: Insurance requirements and liability limitations for the pre-construction phase
13. Confidentiality: Protection of confidential information and intellectual property
14. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction for disputes
1. Transition to Main Construction Contract: Used when there is an intention to proceed with the main construction contract - defines the process and conditions for transitioning
2. Value Engineering Process: Include when specific value engineering services are required as part of pre-construction services
3. Building Information Modeling (BIM): Required when BIM is to be used in the project, defining BIM protocols and responsibilities
4. Environmental Requirements: Include for projects with specific environmental considerations or certifications
5. Stakeholder Management: Required for projects involving multiple stakeholders or public consultation
6. Risk Management: Include when specific risk assessment and management processes are required
7. Supply Chain Engagement: Used when early contractor involvement in supply chain selection is required
1. Schedule 1 - Scope of Pre-Construction Services: Detailed breakdown of all pre-construction services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including any stage payments and payment milestones
3. Schedule 3 - Program: Detailed pre-construction phase program with key dates and deliverables
4. Schedule 4 - Key Personnel: List of key personnel from both parties involved in the pre-construction phase
5. Schedule 5 - Required Insurance: Detailed insurance requirements and minimum coverage levels
6. Appendix A - Form of Collateral Warranty: Standard form of collateral warranty if required by third parties
7. Appendix B - Design Responsibility Matrix: Matrix defining design responsibilities between parties
8. Appendix C - Required Approvals: List of all required permits, consents, and approvals
Authors
Applicable Laws
Approval
Authority
Building Regulations
Client
Collateral Warranty
Commencement Date
Confidential Information
Construction Documents
Construction Program
Contractor
Contract Sum
Deliverables
Design Development
Design Documents
Development Permits
Employer
Fee
Good Industry Practice
Intellectual Property Rights
Key Personnel
Malta Planning Authority
Material
Milestone
Notice
Parties
PERIT
Planning Permission
Pre-Construction Phase
Pre-Construction Services
Professional Team
Project
Project Manager
Quality Standards
Quantity Surveyor
Risk Register
Schedule of Services
Site
Specification
Statutory Requirements
Sub-Contractor
Technical Information
Value Engineering
Works
Appointment
Duration
Pre-Construction Services
Contractor's Obligations
Employer's Obligations
Fee and Payment
Design Development
Value Engineering
Program and Progress
Variations
Quality Management
Health and Safety
Environmental Protection
Planning and Permits
Insurance
Liability and Indemnity
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Termination
Assignment and Subcontracting
Notices
Dispute Resolution
Governing Law and Jurisdiction
Entire Agreement
Severability
Third Party Rights
Anti-Corruption and Compliance
Warranties and Representations
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Development
Healthcare Construction
Education Construction
Hospitality Construction
Public Sector Construction
Legal
Operations
Commercial
Project Management
Construction
Development
Procurement
Risk & Compliance
Technical Services
Design
Construction Manager
Project Director
Commercial Director
Contracts Manager
Chief Operations Officer
Development Director
Project Manager
Quantity Surveyor
Cost Manager
Legal Counsel
Risk Manager
Technical Director
Procurement Manager
Design Manager
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