New York Construction Management Agreement

• Category: Construction - Management
• State: Multi-State
• Control #: US-02299BG
• Format: Word; PDF; Rich Text

Description

Construction Management Agreement The New York Construction Management Agreement is a legally binding contract that outlines the terms and conditions for the management of construction projects in the state of New York. This agreement governs the relationship between the owner of the construction project and the construction manager. It includes various provisions related to the scope of work, project schedule, budget, and responsibilities of each party involved. The New York Construction Management Agreement typically includes key clauses such as: 1. Scope of Work: This section outlines the specific tasks and services the construction manager will perform, including pre-construction services, project management, scheduling, budget management, and subcontractor coordination. 2. Project Schedule: The agreement stipulates the detailed timeline for the project, including start and completion dates, milestone dates, and any liquidated damages or incentives tied to meeting project deadlines. 3. Budget and Payment Terms: This section covers the financial aspects of the agreement, including the agreed-upon budget, payment schedule, and any provisions for cost changes or unforeseen circumstances. 4. Roles and Responsibilities: It delineates the duties and obligations of both the owner and the construction manager. This includes communication protocols, decision-making authority, safety requirements, and compliance with applicable laws and regulations. 5. Change Orders: This clause addresses any modifications or alterations to the original scope of work, budget, or project schedule. It outlines the procedures for requesting and approving change orders, including documentation and cost implications. 6. Dispute Resolution: This provision establishes the methods for resolving disputes, whether through mediation, arbitration, or litigation. It may also outline the governing law and jurisdiction for any legal actions arising from the agreement. 7. Termination: This section defines the conditions and procedures for terminating the agreement, whether due to default, non-performance, or completion of the project. It may include notice periods, termination fees, and transition arrangements. Different types of New York Construction Management Agreements may exist depending on the project characteristics or parties involved, such as: 1. Agency Construction Management Agreement: This type of agreement appoints a construction manager to act as an agent on behalf of the owner, overseeing the various contractors and coordinating the project's progress. 2. At-Risk Construction Management Agreement: In this agreement, the construction manager assumes more financial risk by taking responsibility for the construction project's performance and cost overruns. The manager may provide a guaranteed maximum price for the project, ensuring that cost increases are absorbed by them. 3. Cost-Plus-Fee Construction Management Agreement: This type of agreement allows the construction manager to charge the owner for the actual costs incurred during the project, including labor, materials, and overhead, while adding a predetermined fee or percentage for their services. By familiarizing oneself with the New York Construction Management Agreement and its various types, construction project stakeholders can ensure clarity, fairness, and legal compliance throughout the management of their projects in the state of New York.

The New York Construction Management Agreement is a legally binding contract that outlines the terms and conditions for the management of construction projects in the state of New York. This agreement governs the relationship between the owner of the construction project and the construction manager. It includes various provisions related to the scope of work, project schedule, budget, and responsibilities of each party involved. The New York Construction Management Agreement typically includes key clauses such as: 1. Scope of Work: This section outlines the specific tasks and services the construction manager will perform, including pre-construction services, project management, scheduling, budget management, and subcontractor coordination. 2. Project Schedule: The agreement stipulates the detailed timeline for the project, including start and completion dates, milestone dates, and any liquidated damages or incentives tied to meeting project deadlines. 3. Budget and Payment Terms: This section covers the financial aspects of the agreement, including the agreed-upon budget, payment schedule, and any provisions for cost changes or unforeseen circumstances. 4. Roles and Responsibilities: It delineates the duties and obligations of both the owner and the construction manager. This includes communication protocols, decision-making authority, safety requirements, and compliance with applicable laws and regulations. 5. Change Orders: This clause addresses any modifications or alterations to the original scope of work, budget, or project schedule. It outlines the procedures for requesting and approving change orders, including documentation and cost implications. 6. Dispute Resolution: This provision establishes the methods for resolving disputes, whether through mediation, arbitration, or litigation. It may also outline the governing law and jurisdiction for any legal actions arising from the agreement. 7. Termination: This section defines the conditions and procedures for terminating the agreement, whether due to default, non-performance, or completion of the project. It may include notice periods, termination fees, and transition arrangements. Different types of New York Construction Management Agreements may exist depending on the project characteristics or parties involved, such as: 1. Agency Construction Management Agreement: This type of agreement appoints a construction manager to act as an agent on behalf of the owner, overseeing the various contractors and coordinating the project's progress. 2. At-Risk Construction Management Agreement: In this agreement, the construction manager assumes more financial risk by taking responsibility for the construction project's performance and cost overruns. The manager may provide a guaranteed maximum price for the project, ensuring that cost increases are absorbed by them. 3. Cost-Plus-Fee Construction Management Agreement: This type of agreement allows the construction manager to charge the owner for the actual costs incurred during the project, including labor, materials, and overhead, while adding a predetermined fee or percentage for their services. By familiarizing oneself with the New York Construction Management Agreement and its various types, construction project stakeholders can ensure clarity, fairness, and legal compliance throughout the management of their projects in the state of New York.