Construction Consulting Contract Template for Philippines

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Key Requirements PROMPT example:

Construction Consulting Contract

"I need a Construction Consulting Contract for a major retail development project in Manila, where our firm will be providing structural engineering and safety consulting services to a property developer, with the project expected to commence in March 2025."

Document background
The Construction Consulting Contract is essential for formalizing professional consulting arrangements in the Philippine construction industry. It is typically used when engaging consultants for construction projects, whether for individual buildings, infrastructure developments, or large-scale construction initiatives. The document ensures compliance with Philippine laws including the Civil Code, National Building Code, and professional regulatory requirements. It defines the consultant's scope of work, responsibilities, deliverables, and compensation while protecting both parties' interests through clear liability and indemnification provisions. This contract type is particularly important given the Philippines' robust construction sector and the need for professional expertise in ensuring compliance with local building standards and regulations. The document includes provisions for professional liability, insurance requirements, and dispute resolution mechanisms specific to the Philippine legal context.
Suggested Sections

1. Parties: Identification of the Client and Consultant, including full legal names, addresses, and registration details

2. Background: Context of the consulting arrangement and brief description of the construction project

3. Definitions: Key terms used throughout the agreement, including technical construction terminology

4. Scope of Services: Detailed description of consulting services to be provided, including specific deliverables and exclusions

5. Consultant's Obligations: Specific duties, responsibilities, and standard of care required from the consultant

6. Client's Obligations: Client's responsibilities, including provision of information, access, and cooperation

7. Project Timeline: Project schedule, milestones, and delivery dates

8. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

9. Changes and Variations: Process for handling changes to scope, fees, or timeline

10. Intellectual Property: Ownership and usage rights of designs, documents, and other deliverables

11. Confidentiality: Protection and handling of confidential information

12. Liability and Indemnification: Limitation of liability, professional indemnity, and insurance requirements

13. Termination: Grounds and procedures for contract termination

14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures

15. General Provisions: Standard contract clauses including notices, assignment, and governing law

Optional Sections

1. Force Majeure: Provisions for unforeseen circumstances preventing performance, used when project is in areas prone to natural disasters or political instability

2. Performance Security: Requirements for performance bonds or guarantees, used for high-value or high-risk projects

3. Environmental Compliance: Special provisions for environmental requirements, used when project has significant environmental impact

4. Safety Requirements: Specific safety protocols and responsibilities, used for high-risk construction projects

5. Local Content Requirements: Provisions for using local resources or expertise, used when required by local regulations or project specifications

6. Anti-Corruption Compliance: Specific anti-corruption provisions, used especially for government-related projects

7. Subcontracting: Terms for engaging and managing subconsultants, used when subcontracting is anticipated

8. Quality Assurance: Specific quality control requirements, used for complex technical projects

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of consulting services, deliverables, and methodology

2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones

3. Schedule C - Project Timeline: Detailed project schedule with milestones and deadlines

4. Schedule D - Key Personnel: List of key consultant team members and their roles

5. Schedule E - Client's Requirements: Detailed technical requirements and specifications from the client

6. Schedule F - Required Insurance: Details of required insurance coverage and limits

7. Appendix 1 - Standard Forms: Templates for progress reports, payment certificates, and variation orders

8. Appendix 2 - Technical Standards: Applicable technical standards and codes for the project

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

Industrial Development

Commercial Property

Residential Development

Public Works

Mining

Manufacturing

Healthcare

Education

Hospitality

Retail

Transportation

Relevant Teams

Legal

Operations

Engineering

Project Management

Procurement

Risk Management

Quality Assurance

Technical Services

Business Development

Finance

Compliance

Construction Management

Relevant Roles

Construction Manager

Project Manager

Civil Engineer

Structural Engineer

Architecture Consultant

MEP Consultant

Quality Assurance Manager

Construction Site Supervisor

Legal Counsel

Procurement Manager

Contract Administrator

Risk Manager

Technical Director

Chief Engineer

Development Manager

Construction Coordinator

Industries
Civil Code of the Philippines (Republic Act No. 386): Provides the basic framework for contracts, including formation, validity, obligations, and remedies for breach
National Building Code of the Philippines (PD 1096): Sets standards for building design, construction, use, occupancy and maintenance that consultants must ensure compliance with
RA 9184 (Government Procurement Reform Act): If the project involves government entities, this law governs the procurement of consulting services
RA 544 (Civil Engineering Law): Regulates the practice of civil engineering and sets professional standards for engineering consultants
Construction Industry Authority of the Philippines (CIAP) Laws: Provides guidelines and regulations for construction industry practices and standards
National Internal Revenue Code: Governs taxation of professional services and consultancy fees, including VAT and withholding tax requirements
Labor Code of the Philippines: Relevant for determining employment relationships and independent contractor status in consulting arrangements
Environmental Laws (PD 1586): Environmental Impact Assessment System law that may affect construction projects and related consulting services
Professional Regulation Commission (PRC) Regulations: Governs professional practice and licensing requirements for consultants in the construction industry
Anti-Graft and Corrupt Practices Act (RA 3019): Ensures ethical practices in construction consulting, especially for government-related projects
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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