The Project Management Agreement is essential for establishing a clear legal framework between project management professionals and their clients in Malta. This document is typically used when a client requires professional project management services for initiatives ranging from construction and real estate development to IT implementation and business transformation projects. The agreement, governed by Maltese law, includes comprehensive details about service scope, deliverables, timelines, payment terms, and risk allocation. It ensures compliance with Maltese civil and commercial law requirements while protecting both parties' interests through clear definition of roles, responsibilities, and performance expectations. The document is particularly important for complex projects requiring professional oversight and coordination, incorporating specific provisions for professional service delivery as required under Maltese regulations.
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1. Parties: Identifies and provides details of the contracting parties - the Project Manager and the Client
2. Background: Sets out the context of the agreement, including the Client's need for project management services and the Project Manager's qualifications
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Appointment and Scope of Services: Details the formal appointment and comprehensive outline of project management services to be provided
5. Project Manager's Obligations: Specifies the core duties, responsibilities, and standard of care required from the Project Manager
6. Client's Obligations: Outlines the Client's responsibilities, including provision of information and cooperation
7. Fees and Payment Terms: Details the compensation structure, payment schedule, and invoicing procedures
8. Duration and Timelines: Specifies the term of the agreement and key project milestones
9. Reporting and Communication: Establishes reporting requirements and communication protocols
10. Intellectual Property Rights: Addresses ownership and usage rights of project-related materials and deliverables
11. Confidentiality: Sets out obligations regarding confidential information handling
12. Liability and Insurance: Defines liability limitations and required insurance coverage
13. Termination: Specifies circumstances and procedures for agreement termination
14. Dispute Resolution: Outlines the process for resolving disputes between parties
15. General Provisions: Contains standard legal clauses including governing law, notices, and entire agreement
1. Health and Safety: Required for projects involving physical works or site presence, detailing safety protocols and responsibilities
2. Data Protection: Needed when project involves processing personal data, ensuring GDPR compliance
3. Sub-contracting: Include when the Project Manager may need to engage sub-contractors
4. Force Majeure: Important for long-term projects or those susceptible to external disruptions
5. Change Management: Required for complex projects where scope changes are likely
6. Performance Guarantees: Include when specific performance metrics or guarantees are required
7. Environmental Compliance: Necessary for projects with environmental impact considerations
8. Quality Assurance: Include for projects requiring specific quality standards or certifications
9. Staff and Resources: Important when specific personnel or resources are crucial to project delivery
1. Schedule 1 - Scope of Services: Detailed breakdown of project management services and deliverables
2. Schedule 2 - Fee Schedule: Detailed fee structure, rates, and payment milestones
3. Schedule 3 - Project Timeline: Detailed project program including key milestones and deadlines
4. Schedule 4 - Key Personnel: Details of key project team members and their roles
5. Schedule 5 - Client's Requirements: Detailed specifications of the Client's project requirements
6. Schedule 6 - Reporting Requirements: Templates and specifications for project reports and documentation
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
8. Appendix A - Communication Protocol: Detailed procedures for project communications and escalations
9. Appendix B - Change Request Form: Standard form for requesting and documenting project changes
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