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Construction Consulting Contract
"I need a Construction Consulting Contract for a large-scale commercial development project in Auckland, New Zealand, where we'll be engaging a consulting firm to provide both design review and construction monitoring services starting March 2025, with specific emphasis on sustainable building practices and BIM requirements."
1. Parties: Identifies and provides full legal details of the consultant and the client
2. Background: Outlines the context of the agreement, including the project overview and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out interpretation rules
4. Appointment and Scope of Services: Details the consultant's appointment and describes the agreed services to be provided
5. Consultant's Obligations: Sets out the consultant's duties, responsibilities, and standard of care
6. Client's Obligations: Specifies the client's responsibilities and obligations to enable the consultant to perform the services
7. Time for Performance: Establishes project timelines, milestones, and delivery schedules
8. Fees and Payment: Details the fee structure, payment terms, and invoicing procedures
9. Variations: Procedures for varying the scope of services and associated fee adjustments
10. Insurance and Liability: Specifies required insurance coverage and limitations of liability
11. Intellectual Property: Addresses ownership and usage rights of project documents and intellectual property
12. Confidentiality: Obligations regarding confidential information and its protection
13. Termination: Grounds and procedures for termination of the agreement
14. Dispute Resolution: Procedures for resolving disputes between parties
15. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement
1. Health and Safety: Detailed health and safety obligations when the consultant has site presence or safety responsibilities
2. Building Information Modeling (BIM): Specific provisions for BIM requirements when the project involves BIM delivery
3. Environmental Compliance: Environmental obligations when the project has significant environmental considerations
4. Subconsultants: Provisions regarding the appointment and management of subconsultants when their use is anticipated
5. Quality Assurance: Specific quality management requirements for complex projects
6. Security of Payment: Additional payment security provisions for high-value contracts
7. Force Majeure: Specific provisions for handling unforeseen events, particularly relevant post-COVID
8. Professional Development: Requirements for maintaining professional qualifications when specific certifications are crucial
1. Schedule 1: Scope of Services: Detailed description of all services to be provided, including deliverables
2. Schedule 2: Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule 3: Program: Detailed project program including milestones and delivery dates
4. Schedule 4: Key Personnel: Details of key team members and their roles/responsibilities
5. Schedule 5: Client's Requirements: Specific client standards, requirements, and specifications
6. Schedule 6: Insurance Requirements: Detailed insurance requirements and minimum coverage levels
7. Appendix A: Project Brief: Detailed project background and requirements
8. Appendix B: Special Conditions: Any special terms or conditions specific to the project
Authors
Additional Services
Applicable Laws
Authority Approvals
Building Code
Business Day
Change Order
Client
Client's Representative
Confidential Information
Consultant
Consultant's Representative
Construction Documents
Construction Works
Contract Documents
Deliverables
Design Documents
Dispute
Effective Date
Fee
Force Majeure Event
Good Industry Practice
Health and Safety Plan
Intellectual Property Rights
Key Personnel
Material Breach
Milestones
Payment Claim
Payment Schedule
Project
Project Brief
Project Program
Professional Services
Quality Management Plan
Reimbursable Expenses
Scope of Services
Services
Site
Subconsultant
Term
Variation
Works
Scope of Services
Consultant Obligations
Client Obligations
Key Personnel
Standard of Care
Time for Performance
Variations
Fees and Payment
Payment Terms
Invoicing
Health and Safety
Insurance
Liability and Indemnity
Intellectual Property
Confidentiality
Data Protection
Document Management
Quality Assurance
Subconsultants
Client Materials
Site Access
Reporting Requirements
Project Management
Delay and Extension of Time
Force Majeure
Suspension
Termination
Dispute Resolution
Assignment and Subcontracting
Compliance with Laws
Warranties
Risk Allocation
Notice Requirements
Governing Law
Entire Agreement
Severability
Waiver
Relationship of Parties
Authority
Survival
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Public Works
Industrial Construction
Healthcare Construction
Education Construction
Retail Development
Hospitality Development
Transport Infrastructure
Environmental Construction
Mining Construction
Legal
Operations
Commercial
Procurement
Risk Management
Project Management
Business Development
Contract Administration
Quality Assurance
Technical Services
Executive Leadership
Construction Consultant
Project Manager
Contract Manager
Legal Counsel
Construction Director
Commercial Manager
Procurement Manager
Risk Manager
Development Manager
Construction Manager
Technical Director
Chief Operating Officer
Managing Director
Business Development Manager
Bid Manager
Quality Assurance Manager
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