A Construction Management Agreement is a contract drafted and signed by a construction foreman and the property owner. It allows each to establish roles and responsibilities, deadlines, wages and the project specifics.
The Nebraska Agreement between Owner and Construction Manager for Services in Overseeing a Construction Project is a legal document that outlines the relationship, responsibilities, and rights of the Owner and the Construction Manager throughout the construction process. This agreement is specifically designed to govern the collaboration between these two parties in Nebraska, ensuring compliance with state laws and regulations. Key Points in the Nebraska Agreement: 1. General Scope of Work: This section defines the overall scope of the construction project, including the project's location, size, and type of construction. 2. Roles and Responsibilities: The agreement clearly delineates the roles and responsibilities of both the Owner and the Construction Manager. It identifies the Owner's obligation to provide necessary information and approvals, while the Construction Manager is responsible for overseeing the construction process, ensuring compliance with codes and regulations. 3. Project Schedule and Timeline: This section establishes the project schedule, including start and completion dates, milestones, and key deliverables. It ensures both parties are aware of the expected timeline and the sequence of construction activities. 4. Compensation and Payment Terms: The agreement details the compensation structure for the Construction Manager, such as fixed fees or a percentage of the project cost. It outlines the payment terms, including the schedule, retention amounts, and any potential bonuses or penalties related to project milestones. 5. Change Orders: This section addresses the process for handling changes in the scope of work. It outlines how change orders will be initiated, reviewed, approved, and documented, including the associated costs and time impacts. 6. Dispute Resolution: The agreement provides a mechanism for resolving disputes, outlining the parties' preference for mediation, arbitration, or litigation, if necessary. 7. Insurance and Indemnification: This section covers the required insurance coverage, including general liability, workers' compensation, and professional liability insurance, held by both parties. It also addresses indemnification, holding each party harmless against potential claims arising from the other party's actions or omissions. Different Types of Nebraska Agreements between Owner and Construction Manager: 1. Lump Sum Agreement: This agreement establishes a fixed fee or lump sum amount to be paid by the Owner for the Construction Manager's services. 2. Cost Plus Fee Agreement: In this type of agreement, the Owner agrees to reimburse the Construction Manager for the actual costs incurred during the project, including direct costs and an agreed-upon fee. 3. Guaranteed Maximum Price (GMP) Agreement: This agreement sets a maximum project cost, providing a financial incentive for the Construction Manager to complete the project within the estimated budget. If the project costs exceed the agreed-upon maximum price, the Construction Manager is responsible for the excess costs unless caused by the Owner's requested changes. In conclusion, the Nebraska Agreement between Owner and Construction Manager for Services in Overseeing a Construction Project is a comprehensive legal document that establishes the terms, duties, and obligations between the Owner and the Construction Manager. It ensures a smooth collaboration, creating a framework for successful completion of construction projects in Nebraska.
The Nebraska Agreement between Owner and Construction Manager for Services in Overseeing a Construction Project is a legal document that outlines the relationship, responsibilities, and rights of the Owner and the Construction Manager throughout the construction process. This agreement is specifically designed to govern the collaboration between these two parties in Nebraska, ensuring compliance with state laws and regulations. Key Points in the Nebraska Agreement: 1. General Scope of Work: This section defines the overall scope of the construction project, including the project's location, size, and type of construction. 2. Roles and Responsibilities: The agreement clearly delineates the roles and responsibilities of both the Owner and the Construction Manager. It identifies the Owner's obligation to provide necessary information and approvals, while the Construction Manager is responsible for overseeing the construction process, ensuring compliance with codes and regulations. 3. Project Schedule and Timeline: This section establishes the project schedule, including start and completion dates, milestones, and key deliverables. It ensures both parties are aware of the expected timeline and the sequence of construction activities. 4. Compensation and Payment Terms: The agreement details the compensation structure for the Construction Manager, such as fixed fees or a percentage of the project cost. It outlines the payment terms, including the schedule, retention amounts, and any potential bonuses or penalties related to project milestones. 5. Change Orders: This section addresses the process for handling changes in the scope of work. It outlines how change orders will be initiated, reviewed, approved, and documented, including the associated costs and time impacts. 6. Dispute Resolution: The agreement provides a mechanism for resolving disputes, outlining the parties' preference for mediation, arbitration, or litigation, if necessary. 7. Insurance and Indemnification: This section covers the required insurance coverage, including general liability, workers' compensation, and professional liability insurance, held by both parties. It also addresses indemnification, holding each party harmless against potential claims arising from the other party's actions or omissions. Different Types of Nebraska Agreements between Owner and Construction Manager: 1. Lump Sum Agreement: This agreement establishes a fixed fee or lump sum amount to be paid by the Owner for the Construction Manager's services. 2. Cost Plus Fee Agreement: In this type of agreement, the Owner agrees to reimburse the Construction Manager for the actual costs incurred during the project, including direct costs and an agreed-upon fee. 3. Guaranteed Maximum Price (GMP) Agreement: This agreement sets a maximum project cost, providing a financial incentive for the Construction Manager to complete the project within the estimated budget. If the project costs exceed the agreed-upon maximum price, the Construction Manager is responsible for the excess costs unless caused by the Owner's requested changes. In conclusion, the Nebraska Agreement between Owner and Construction Manager for Services in Overseeing a Construction Project is a comprehensive legal document that establishes the terms, duties, and obligations between the Owner and the Construction Manager. It ensures a smooth collaboration, creating a framework for successful completion of construction projects in Nebraska.