This agreement is made between a construction manager, and a client, whereby the client retains the services of the construction manager to oversee a specific construction project for the client from the planning stages to completion. This agreement contains terms and conditions that are standard for this type of agreement, however, additional terms and conditions may be added making this document fully customizable to meet the needs of the contracting parties. Use this form when entering into a project management agreement with a person or entity.
This agreement is made between a construction manager, and a client, whereby the client retains the services of the construction manager to oversee a specific construction project for the client from the planning stages to completion. This agreement contains terms and conditions that are standard for this type of agreement, however, additional terms and conditions may be added making this document fully customizable to meet the needs of the contracting parties. Use this form when entering into a project management agreement with a person or entity. CONSTRUCTION PROJECT MANAGEMENT AGREEMENT THIS CONSTRUCTION PROJECT MANAGEMENT AGREEMENT (the “Agreement”) is made this ____ day of ________________, 2_____ (the "Effective Date") by and between __________________ (the “Client”) and __________________ (the “Construction Manager”). RECITALS A. The Client intends to construct _______________________ (the “Project”) at ___________________________ (the “Premises”); B. The Construction Manager provides services for the overseeing, execution and managing of construction projects for its clients; C. The Client desires to obtain the services of the Construction Manager to assist with the overseeing, execution and managing of the Project; and D. The Client and the Construction Manager wish to enter into this Agreement to provide for the terms and conditions of the services to be offered and obtained by the Client and the Constructions Manager. NOW THEREFORE in consideration of the mutual promises and agreement contained in this Agreement, and other good and valuable consideration, the parties hereto agree as follows: 1.00 SCOPE OF MANAGEMENT SERVICES 1.01 The Construction Manager shall perform the Management Services which are outlined on Schedule “A” annexed hereto (the “Management Services”), as amended from time to time, by the mutual written authorization of the Client and the Construction Manager. 1.02 The Construction Manager shall perform the Management Services in a timely and professional l manner and in accordance with industry standards. 1.03 All of the Management Services to be performed by the Construction Manager contemplated herein shall be performed by experienced personnel capable of managing the Project from beginning to end including, without limitation, planning, execution, implementation and completion. 2.00 TERM 2.01 The Term of this Agreement will be for an initial term of _______ (___) [months/years] (the “Term”) and such Term will commence on the ___ day of __________, 2____, or on such other date as the Client and the Construction Manager may agree in writing. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 2.02 At the end of the Term there shall be an option by either party to extend the Term of this Agreement for a further period of _______ (___) months/years. Upon the extension of the initial Term of this Agreement, all of the original terms and conditions of this Agreement shall remain in full force and effect and shall apply to any such extension of the Term. 3.00 FEES 3.1 The Client agrees to the pay to the Construction Manager the sum of ___________ ($______) Dollars (the “Management Fee”) for all stages of the Project, from the planning stage through to completion. The Management Fee shall be payable by way of cash, check, bank draft or money order and shall be payable as follows: (a) ______________________________ ____; [set out schedule in which fees are to be paid] (b) __________________________________. 3.02 Any out-of-pocket expenses or additional costs the Construction Manager may incur as a direct result of performing the Management Services shall be reimbursed by the Client to the Construction Manager within ______ (____) days of the Construction Manager providing an invoice to the Client for same. 4.00 EMPLOYEES OF CONSTRUCTION MANAGER 4.01 The Construction Manager represents and warrants to the Client that the Construction Manager will be solely liable for any and all wages due and owing to any employee of the Construction Manager. The Construction Manger shall be solely responsible for the remittances of any and all taxes which are due and owing to the appropriate governmental authority and shall indemnify the Client in respect to same. 5.00 BOOKS AND RECORDS 5.01 The Construction Manager shall at all times keep accurate and up-to-date books and records regarding the Project and shall have such books and records readily available for inspection by the Client upon the Client providing _____ (___) days advance written notice of its intention to review such books and records. 5.01 The Construction Manager shall keep all books and records for a period of ______ (__) years after the expiration date of this Agreement. 6.00 INSURANCE 6.01 Prior to the Construction Manager commencing any of the Management Services contemplated herein, the Construction Manager shall provide to the Client copies of any and all insurance policies in effect in respect to workers’ compensation, employer’s liability, professional liability and general commercial liability coverage. Such insurance © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 policies shall be kept in good standing throughout the duration of this Agreement and shall be maintained in such amounts in accordance with industry standards.7.00 INDEMNITY 7.01 The Construction Manger agrees to indemnify and hold the Client harmless from and against any and all costs, attorneys’ fees, and damages arising out of any bodily injury or death to persons or damages to property which may be caused by or resulted from the negligence of the Construction Manager, its agents or employees. This provision shall survive the termination of this Agreement. 7.02 The Client hereby agrees to indemnify and hold the Construction Manager, its agents and employees, harmless from and against any costs, attorney fees’ and damages arising out of any bodily injury or death to persons or damage to property which may be caused by or results from the negligence of the Client. This provision shall survive the termination of this Agreement. 8.00 TERMINATION 8.01 In the event the Construction Manager fails to complete the Project within the agreed upon time frame or in a timely manner, the Client’s obligations under this Agreement shall immediately cease and terminate. 8.02 In the event the Construction Manager or the Client violates any terms or conditions of this Agreement, either party may terminate this Agreement by providing ______ (___) days advance written notice to the other party. 9.00 CONFIDENTIALITY 9.01 Each party agrees to keep secret and to treat with confidentiality each other party’s information and, except as required by applicable law (upon advise of legal counsel) or with the disclosing party’s prior written consent, not to disclose any of any other party’s information for any purpose whatsoever other than in connection with its consideration, evaluation and performance. Each party agrees to limit dissemination of each other party’s information to such persons within the party receiving such Information who need to know such Information for purposes of evaluating or performing the Transaction, are informed of the confidential nature of the information, and agree to be bound by the terms and conditions of this Agreement. Each party shall be responsible for any and all breaches of this Agreement by such party’s officers, directors, agents, employees and representatives. Further, each party agrees, except as required by applicable law or with the other party’s prior written consent, not to disclose to any person or entity whatsoever; (a) any proposed terms, conditions or other information relating to the Project, or (b) the existence of this Agreement. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 10.00 NOTICES 10.01 Any notices to be delivered pursuant to this Agreement shall be delivered to: in the case of the Construction Manager to: Attention: Fax: (___) in the case of the Client to: Fax: (___) 11.00 GENERAL PROVISIONS 11.01 This Agreement constitutes the entire agreement between the Construction Manager and the Client and supersedes all prior agreements whether oral or written. 11.02 Neither party hereto may assign any or all of its rights and obligations provided for or referred to in this Agreement without the prior written approval of the other party. 11.03 1This Agreement shall be construed and governed by the laws of the State of __________. 11.04 Should any provision or provisions of this Agreement and/or its conditions be illegal or not enforceable, it or they shall be considered separate and severable from this Agreement and its remaining provisions and conditions shall remain in force and be binding upon the parties hereto as though the said provision or provisions or conditions had never been included. 11.05 Whenever throughout these presents there is any mention of or references to the Construction Manager or the Client, such mention or reference shall be deemed to extend to and include the heirs, executors, administrators, successors and assigns of the Construction Manager and of the Client. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 2IN WITNESS WHEREOF the Construction Manager and the Client have hereunto set their hands and seals as of the date first hereabove written. (CONSTRUCTION MANAGER) By: Name: Title: . (CLIENT) By: Name: Title: . © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 SCHEDULE “A” © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7
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