The Construction Management Agreement serves as the primary contract document governing the professional relationship between property owners and construction management firms in the United States. This agreement is essential when an owner requires professional expertise to oversee complex construction projects, coordinate multiple contractors, and manage project timelines and budgets. The document typically includes detailed provisions for scope of services, compensation structures, insurance requirements, and risk allocation, while ensuring compliance with federal and state construction regulations. Construction Management Agreements are particularly crucial for large-scale projects where specialized oversight and coordination are required to ensure successful project delivery.
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1. Parties: Identification and details of the Owner and Construction Manager
2. Background: Context of the project and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of construction management services and responsibilities
5. Construction Manager's Responsibilities: Specific duties, obligations, and standard of care required from the Construction Manager
6. Owner's Responsibilities: Obligations and responsibilities of the project owner
7. Compensation and Payment: Fee structure, payment terms, and reimbursable expenses
8. Project Schedule: Timeline, milestones, and completion dates
9. Insurance and Indemnification: Required insurance coverage, limits, and indemnification provisions
10. Termination and Suspension: Conditions and procedures for contract termination or suspension
11. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration provisions
12. General Provisions: Miscellaneous legal provisions including governing law, notices, and assignment
1. Pre-Construction Services: Detailed scope of services to be provided during the pre-construction phase
2. Value Engineering: Provisions for cost optimization and alternative solutions analysis
3. Multiple Prime Contractors: Coordination requirements when multiple contractors are involved in the project
4. Sustainability Requirements: Special provisions for green building and sustainability objectives
5. Building Information Modeling: Requirements and protocols for BIM implementation
1. Schedule A - Scope of Services: Detailed breakdown of construction management services and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule C - Project Schedule: Detailed project timeline, phases, and milestones
4. Schedule D - Key Personnel: List of key team members, their roles, and responsibilities
5. Schedule E - Insurance Requirements: Detailed insurance specifications and coverage requirements
6. Appendix 1 - Project Drawings: Relevant architectural and engineering drawings
7. Appendix 2 - Technical Specifications: Detailed technical requirements and specifications
8. Appendix 3 - Project Safety Plan: Safety protocols and procedures specific to the project
Relevant legal definitions
Agreement
Applicable Laws
Architect
As-Built Documents
Basic Services
Change Order
Construction Budget
Construction Cost
Construction Documents
Construction Manager
Construction Manager's Fee
Construction Phase
Construction Schedule
Contract Documents
Contractor
Cost of the Work
Design Team
Drawings
Effective Date
Final Completion
Force Majeure
General Conditions
Guaranteed Maximum Price (GMP)
Additional Services
Owner
Owner's Representative
Project
Project Schedule
Project Site
Reimbursable Expenses
Services
Specifications
Substantial Completion
Subcontractor
Work
Work Product
Project Team
Progress Payments
Punch List
Records
Schedule of Values
Shop Drawings
Submittals
Trade Contractors
Applicable Laws
Architect
As-Built Documents
Basic Services
Change Order
Construction Budget
Construction Cost
Construction Documents
Construction Manager
Construction Manager's Fee
Construction Phase
Construction Schedule
Contract Documents
Contractor
Cost of the Work
Design Team
Drawings
Effective Date
Final Completion
Force Majeure
General Conditions
Guaranteed Maximum Price (GMP)
Additional Services
Owner
Owner's Representative
Project
Project Schedule
Project Site
Reimbursable Expenses
Services
Specifications
Substantial Completion
Subcontractor
Work
Work Product
Project Team
Progress Payments
Punch List
Records
Schedule of Values
Shop Drawings
Submittals
Trade Contractors
Clauses
Scope of Services
Construction Manager's Responsibilities
Owner's Responsibilities
Project Schedule
Compensation and Payment
Insurance and Bonds
Indemnification
Change Orders
Termination
Dispute Resolution
Health and Safety
Quality Control
Project Documentation
Coordination and Meetings
Site Access and Security
Warranties
Force Majeure
Confidentiality
Intellectual Property
Assignment and Subcontracting
Compliance with Laws
Environmental Requirements
Labor Relations
Materials and Equipment
Testing and Inspections
Substantial Completion
Final Completion
Record Keeping
Notices
Governing Law
Entire Agreement
Severability
Waiver
Time of Essence
Survival
Construction Manager's Responsibilities
Owner's Responsibilities
Project Schedule
Compensation and Payment
Insurance and Bonds
Indemnification
Change Orders
Termination
Dispute Resolution
Health and Safety
Quality Control
Project Documentation
Coordination and Meetings
Site Access and Security
Warranties
Force Majeure
Confidentiality
Intellectual Property
Assignment and Subcontracting
Compliance with Laws
Environmental Requirements
Labor Relations
Materials and Equipment
Testing and Inspections
Substantial Completion
Final Completion
Record Keeping
Notices
Governing Law
Entire Agreement
Severability
Waiver
Time of Essence
Survival
Relevant Industries
Relevant Teams
Relevant Roles
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