The Preconstruction Agreement is a crucial document used in the Philippine construction industry to establish the framework for services provided before actual construction begins. This agreement is typically implemented when a project owner requires professional expertise for project planning, design review, cost estimation, and feasibility studies prior to breaking ground. The document ensures compliance with Philippine construction laws, including the National Building Code, Contractors' License Law, and relevant local government regulations. It outlines the scope of preconstruction services, professional responsibilities, deliverables, and payment terms while addressing specific requirements for construction projects in the Philippines. The agreement is particularly important for complex projects requiring detailed planning and multiple stakeholder coordination, serving as a foundation for the subsequent construction phase.
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Key Requirements PROMPT example:
Preconstruction Agreement
"I need a Preconstruction Agreement for a mixed-use development project in Manila, where our development company will engage an international construction management firm to provide preconstruction services including design review and cost estimation, with work commencing in March 2025."
1. Parties: Identification of the project owner and preconstruction service provider, including their legal details and representatives
2. Background: Context of the project, brief description of the proposed construction, and purpose of the preconstruction services
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terminology and project-specific terms
4. Scope of Preconstruction Services: Detailed description of all preconstruction services to be provided, including design review, cost estimation, scheduling, and feasibility studies
5. Duration and Timeline: Period of the preconstruction phase and key milestone dates
6. Compensation and Payment Terms: Fee structure, payment schedule, and terms for preconstruction services
7. Responsibilities of the Service Provider: Specific duties, deliverables, and standards of performance expected from the preconstruction service provider
8. Owner's Obligations: Responsibilities of the project owner, including provision of information, access, and timely decisions
9. Professional Standards and Compliance: Requirements for compliance with Philippine laws, building codes, and professional standards
10. Intellectual Property Rights: Ownership and usage rights of documents, designs, and other materials produced during preconstruction
11. Termination: Conditions and procedures for early termination of the agreement
12. Governing Law and Dispute Resolution: Specification of Philippine law as governing law and procedures for resolving disputes
1. Transition to Construction Phase: Include when there's potential for the service provider to be involved in the actual construction phase
2. Value Engineering: Include when specific cost optimization services are required
3. Environmental Assessment: Include when the project requires environmental impact studies or compliance with environmental regulations
4. Stakeholder Engagement: Include when community consultation or stakeholder management is part of preconstruction services
5. BIM Implementation: Include when Building Information Modeling is to be used in the project
6. Local Authority Liaison: Include when assistance with local government permits and approvals is required
7. Risk Assessment and Management: Include when detailed risk analysis is part of the scope
8. Sustainable Design Considerations: Include when green building or sustainability certification is targeted
1. Schedule A - Scope of Services Matrix: Detailed breakdown of all preconstruction services and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of fees, payment milestones, and reimbursable expenses
3. Schedule C - Project Timeline: Detailed preconstruction phase schedule with milestones and deadlines
4. Schedule D - Key Personnel: List of key team members and their roles from both parties
5. Schedule E - Required Reports and Documentation: List and format of required preconstruction phase deliverables
6. Appendix 1 - Initial Project Brief: Preliminary project requirements and objectives
7. Appendix 2 - Site Information: Available site data, surveys, and existing condition information
8. Appendix 3 - Professional License Certificates: Copies of relevant professional licenses and certifications
Authors
Relevant legal definitions
Agreement
Applicable Laws
Approved Documents
Authorities
Building Permit
Client Materials
Commencement Date
Completion Date
Construction Documents
Construction Phase
Contract Sum
Contractor
Deliverables
Design Development
Design Documents
Design Team
Environmental Requirements
Feasibility Study
Force Majeure
Good Industry Practice
Intellectual Property Rights
Key Personnel
Local Authority
Material Change
Milestone Date
Owner's Representative
Payment Schedule
Preconstruction Phase
Preconstruction Services
Professional Team
Project
Project Brief
Project Manager
Project Schedule
Project Site
Quality Standards
Regulatory Requirements
Related Services
Schedule of Services
Scope of Work
Service Provider
Site Information
Specifications
Subcontractor
Technical Requirements
Time for Completion
Value Engineering
Variation
Works
Applicable Laws
Approved Documents
Authorities
Building Permit
Client Materials
Commencement Date
Completion Date
Construction Documents
Construction Phase
Contract Sum
Contractor
Deliverables
Design Development
Design Documents
Design Team
Environmental Requirements
Feasibility Study
Force Majeure
Good Industry Practice
Intellectual Property Rights
Key Personnel
Local Authority
Material Change
Milestone Date
Owner's Representative
Payment Schedule
Preconstruction Phase
Preconstruction Services
Professional Team
Project
Project Brief
Project Manager
Project Schedule
Project Site
Quality Standards
Regulatory Requirements
Related Services
Schedule of Services
Scope of Work
Service Provider
Site Information
Specifications
Subcontractor
Technical Requirements
Time for Completion
Value Engineering
Variation
Works
Clauses
Scope of Services
Duration and Timeline
Payment and Compensation
Professional Standards
Deliverables
Confidentiality
Intellectual Property
Insurance and Liability
Force Majeure
Termination
Dispute Resolution
Governing Law
Variation
Warranties and Representations
Site Access
Health and Safety
Environmental Compliance
Quality Assurance
Document Control
Subcontracting
Assignment
Notice Requirements
Record Keeping
Reporting Requirements
Personnel Requirements
Regulatory Compliance
Indemnification
Limitation of Liability
Performance Standards
Risk Allocation
Coordination Requirements
Design Review
Cost Management
Schedule Management
Permits and Approvals
Conflict of Interest
Entire Agreement
Severability
Amendment
Waiver
Survival
Duration and Timeline
Payment and Compensation
Professional Standards
Deliverables
Confidentiality
Intellectual Property
Insurance and Liability
Force Majeure
Termination
Dispute Resolution
Governing Law
Variation
Warranties and Representations
Site Access
Health and Safety
Environmental Compliance
Quality Assurance
Document Control
Subcontracting
Assignment
Notice Requirements
Record Keeping
Reporting Requirements
Personnel Requirements
Regulatory Compliance
Indemnification
Limitation of Liability
Performance Standards
Risk Allocation
Coordination Requirements
Design Review
Cost Management
Schedule Management
Permits and Approvals
Conflict of Interest
Entire Agreement
Severability
Amendment
Waiver
Survival
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Development
Public Works
Healthcare Facilities
Educational Facilities
Hospitality
Retail Development
Relevant Teams
Legal
Operations
Project Management
Commercial
Development
Technical
Construction
Procurement
Risk Management
Finance
Relevant Roles
Project Manager
Construction Manager
Development Director
Chief Executive Officer
Contract Administrator
Legal Counsel
Architect
Structural Engineer
Cost Estimator
Planning Manager
Risk Manager
Technical Director
Operations Director
Procurement Manager
Commercial Manager
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