The Construction Management Contract is a specialized agreement used in construction projects where professional construction management services are required. This document, governed by Swiss law, establishes the framework for engaging a Construction Manager to oversee and coordinate construction projects on behalf of the Principal/Owner. It is particularly relevant for medium to large-scale construction projects where specialized project management expertise is needed. The contract incorporates provisions from the Swiss Code of Obligations, particularly elements of both service contracts (Auftragsrecht) and work contracts (Werkvertragsrecht), while also adhering to SIA norms and federal/cantonal construction regulations. It details the Construction Manager's scope of services, project governance structure, risk allocation, quality management requirements, and payment terms, providing a comprehensive framework for professional construction management services.
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1. Parties: Identification and details of the Principal/Owner and the Construction Manager
2. Background: Context of the project and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the contract
4. Appointment and Scope of Services: Formal appointment of the Construction Manager and detailed scope of services to be provided
5. Construction Manager's Obligations: Core duties and responsibilities of the Construction Manager including project management, coordination, and reporting requirements
6. Principal's Obligations: Responsibilities and obligations of the Principal/Owner including provision of information and timely decision-making
7. Project Timeline: Key project milestones, phases, and completion dates
8. Fee Structure and Payment Terms: Details of fees, payment schedule, and invoicing procedures
9. Changes and Variations: Procedures for handling changes to scope, timeline, or budget
10. Quality Management: Quality standards, control procedures, and compliance requirements
11. Risk Management: Risk allocation, insurance requirements, and liability provisions
12. Termination: Grounds and procedures for contract termination
13. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
14. General Provisions: Standard legal provisions including governing law, notices, and entire agreement clause
1. Design Management: Include when Construction Manager has responsibilities for managing design consultants
2. Value Engineering: Include when Construction Manager is required to provide cost optimization services
3. Sustainability Requirements: Include when project has specific environmental or sustainability targets
4. Building Information Modeling (BIM): Include when BIM is to be used in the project
5. Multiple Phase Implementation: Include when project is divided into distinct phases with different scope/requirements
6. Procurement Strategy: Include when Construction Manager has significant procurement responsibilities
7. Staff Requirements: Include when specific key personnel or qualifications are required
8. Performance Incentives: Include when bonus/penalty schemes are part of the agreement
1. Schedule 1 - Scope of Services: Detailed breakdown of Construction Manager's services and deliverables
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
3. Schedule 3 - Project Program: Detailed project timeline and milestone dates
4. Schedule 4 - Key Personnel: Details of key team members and their roles
5. Schedule 5 - Project Specific Requirements: Technical specifications and project-specific requirements
6. Schedule 6 - Required Insurance: Details of required insurance coverage
7. Schedule 7 - Quality Management Plan: Detailed quality management procedures and requirements
8. Schedule 8 - Reporting Requirements: Templates and requirements for project reporting
9. Appendix A - Project Documents: List of relevant project documents and drawings
10. Appendix B - Form of Bonds/Guarantees: Templates for any required performance bonds or guarantees
11. Appendix C - Site Information: Details about the construction site and existing conditions
12. Appendix D - Applicable SIA Norms: List of applicable SIA norms and standards
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