Montana Agreement between Owner and Construction Manager for Services in Overseeing a Construction Project is a vital legal document that outlines the terms and conditions between the owner and the construction manager in a construction project. This agreement ensures that both parties are clear about their rights, responsibilities, and obligations throughout the project. Key components of a Montana Agreement between Owner and Construction Manager include: 1. Parties Involved: Clearly identify the owner and construction manager by providing their legal names and contact information. 2. Project Description: Provide a detailed description of the construction project, including its location, size, purpose, and any specific requirements outlined by the owner. 3. Scope of Work: Define the services to be provided by the construction manager, such as pre-construction planning, supervising subcontractors, reviewing plans and specifications, quality control, budgeting, scheduling, and overall project management. 4. Contract Duration: Specify the start and end dates of the agreement, allowing for any extensions or early termination conditions, if applicable. 5. Compensation: Outline how the construction manager will be compensated for their services, including the basis of payment (fixed fee, cost-plus, etc.), payment milestones, and any additional reimbursable expenses. 6. Insurance and Liability: Clearly state the insurance requirements for both parties, including general liability, workers' compensation, and professional liability insurance. Define the responsibilities and liabilities of each party in case of any damages, accidents, or disputes. 7. Change Orders: Establish a procedure for handling change orders, including their approval process, impact on the project schedule, and any additional compensation or cost adjustments required. 8. Dispute Resolution: Specify the process for resolving disputes, whether through mediation, arbitration, or litigation, and identify the jurisdiction and applicable laws for such proceedings. 9. Termination Clause: Enumerate the conditions under which either party can terminate the agreement, including defaults, non-performance, or breach of contract. Some variations of Montana Agreement between Owner and Construction Manager may include: — Montana Agreement between Owner and Construction Manager for Design-Build Services: This agreement outlines the integration of design and construction processes under the responsibility of the construction manager, often hired as a design-build contractor. — Montana Agreement between Owner and Construction Manager for Construction Management At-Risk Services: In this agreement, the construction manager assumes a more substantial role in project management, often responsible for managing the construction budget, subcontractor bidding/negotiation, and assuming financial risk for cost overruns. — Montana Agreement between Owner and Construction Manager for Construction Management Agency Services: A construction manager is engaged as an agent of the owner, providing consulting and advisory services throughout the construction process while the owner retains direct control over contracts and subcontractors. It is crucial for all parties involved to carefully review and negotiate the terms of the Montana Agreement between Owner and Construction Manager to ensure mutual understanding and a successful construction project. It is recommended to seek legal counsel to draft or review the agreement to safeguard the interests of both the owner and the construction manager.
Montana Agreement between Owner and Construction Manager for Services in Overseeing a Construction Project is a vital legal document that outlines the terms and conditions between the owner and the construction manager in a construction project. This agreement ensures that both parties are clear about their rights, responsibilities, and obligations throughout the project. Key components of a Montana Agreement between Owner and Construction Manager include: 1. Parties Involved: Clearly identify the owner and construction manager by providing their legal names and contact information. 2. Project Description: Provide a detailed description of the construction project, including its location, size, purpose, and any specific requirements outlined by the owner. 3. Scope of Work: Define the services to be provided by the construction manager, such as pre-construction planning, supervising subcontractors, reviewing plans and specifications, quality control, budgeting, scheduling, and overall project management. 4. Contract Duration: Specify the start and end dates of the agreement, allowing for any extensions or early termination conditions, if applicable. 5. Compensation: Outline how the construction manager will be compensated for their services, including the basis of payment (fixed fee, cost-plus, etc.), payment milestones, and any additional reimbursable expenses. 6. Insurance and Liability: Clearly state the insurance requirements for both parties, including general liability, workers' compensation, and professional liability insurance. Define the responsibilities and liabilities of each party in case of any damages, accidents, or disputes. 7. Change Orders: Establish a procedure for handling change orders, including their approval process, impact on the project schedule, and any additional compensation or cost adjustments required. 8. Dispute Resolution: Specify the process for resolving disputes, whether through mediation, arbitration, or litigation, and identify the jurisdiction and applicable laws for such proceedings. 9. Termination Clause: Enumerate the conditions under which either party can terminate the agreement, including defaults, non-performance, or breach of contract. Some variations of Montana Agreement between Owner and Construction Manager may include: — Montana Agreement between Owner and Construction Manager for Design-Build Services: This agreement outlines the integration of design and construction processes under the responsibility of the construction manager, often hired as a design-build contractor. — Montana Agreement between Owner and Construction Manager for Construction Management At-Risk Services: In this agreement, the construction manager assumes a more substantial role in project management, often responsible for managing the construction budget, subcontractor bidding/negotiation, and assuming financial risk for cost overruns. — Montana Agreement between Owner and Construction Manager for Construction Management Agency Services: A construction manager is engaged as an agent of the owner, providing consulting and advisory services throughout the construction process while the owner retains direct control over contracts and subcontractors. It is crucial for all parties involved to carefully review and negotiate the terms of the Montana Agreement between Owner and Construction Manager to ensure mutual understanding and a successful construction project. It is recommended to seek legal counsel to draft or review the agreement to safeguard the interests of both the owner and the construction manager.
