Pre Construction Agreement for Malta

Pre Construction Agreement Template 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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What is a Pre Construction Agreement?

The Pre Construction Agreement is a crucial document used in the early stages of construction projects in Malta to establish the framework for pre-construction services. It is typically employed when a project requires significant planning, design development, or value engineering before the main construction phase begins. The agreement details the scope of pre-construction services, including cost estimation, program development, design review, and procurement strategy. It must comply with Malta's Building Regulation Act (Chapter 513) and related construction legislation, while also adhering to local planning and development requirements. This document is particularly important for complex projects where early contractor involvement can add value through expertise in buildability, cost planning, and risk management. The agreement typically precedes the main construction contract and may include provisions for transitioning between the two phases.

What sections should be included in a Pre Construction Agreement?

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

What sections are optional to include in a Pre Construction Agreement?

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

What schedules should be included in a Pre Construction Agreement?

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Development

Healthcare Construction

Education Construction

Hospitality Construction

Public Sector Construction

Relevant Teams

Legal

Operations

Commercial

Project Management

Construction

Development

Procurement

Risk & Compliance

Technical Services

Design

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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