Construction Project Management Agreement

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Construction Project Management Agreement Powered By Docstoc
					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.



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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
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         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.




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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.




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        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:
                                                                 .




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                                                 SCHEDULE “A”




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DOCUMENT INFO
Description: 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.
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