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Construction Management At Risk Agreement Template for Netherlands

A Construction Management At Risk Agreement under Dutch law is a specialized construction contract that establishes a relationship between an owner and a construction manager who assumes both advisory and construction responsibilities. The agreement, governed by Dutch civil law and construction regulations, details the construction manager's commitment to deliver the project within a Guaranteed Maximum Price while managing construction risks. It includes comprehensive provisions for pre-construction services, construction phase management, risk allocation, quality control, and project delivery requirements, all aligned with Dutch legal requirements and industry standards.

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What is a Construction Management At Risk Agreement?

The Construction Management At Risk Agreement is utilized in complex construction projects where owners seek to engage a construction manager early in the project lifecycle while maintaining cost certainty. This agreement type, adapted for use under Dutch law and construction regulations, combines traditional construction management services with the risk-bearing responsibility of a general contractor. The construction manager provides pre-construction advisory services and then assumes the risk of delivering the project within a Guaranteed Maximum Price. The document addresses key aspects including risk allocation, payment mechanisms, quality control, and project management procedures, while ensuring compliance with Dutch construction laws, environmental regulations, and safety requirements. It's particularly suitable for large-scale projects where early contractor involvement and sophisticated project management approaches are beneficial.

What sections should be included in a Construction Management At Risk Agreement?

1. Parties: Identification of the Owner and Construction Manager, including their legal details and representatives

2. Background: Project context, purpose of the agreement, and brief description of the CMAR delivery method

3. Definitions: Definitions of key terms including GMP, Cost of Work, Construction Manager's Fee, and project-specific terminology

4. Scope of Services: Detailed description of Construction Manager's services in both pre-construction and construction phases

5. Construction Manager's Responsibilities: Core obligations including project management, cost control, scheduling, and quality assurance

6. Owner's Responsibilities: Owner's obligations including providing information, approvals, and site access

7. Project Timeline: Key milestone dates, phase transitions, and completion requirements

8. Guaranteed Maximum Price (GMP): GMP establishment process, components, and conditions for adjustment

9. Payment Terms: Payment schedule, application process, and certification requirements

10. Changes and Variations: Procedures for handling change orders and variations to the scope

11. Risk Allocation: Distribution of risks between parties and risk management procedures

12. Insurance and Securities: Required insurance coverage, bonds, and other security requirements

13. Quality Control: Quality management procedures and standards

14. Health, Safety and Environment: HSE requirements and compliance with Dutch regulations

15. Subcontracting: Procedures for subcontractor selection, management, and owner's rights

16. Termination: Grounds and procedures for contract termination by either party

17. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration

18. General Provisions: Standard legal provisions including governing law, notices, and assignment

What sections are optional to include in a Construction Management At Risk Agreement?

1. Building Information Modeling (BIM): Include when BIM is required for project delivery, specifying protocols and responsibilities

2. Sustainability Requirements: Include for projects with specific environmental or sustainability certifications

3. Value Engineering: Include when formal value engineering process is required

4. Commissioning: Include for projects requiring detailed commissioning procedures

5. Multiple Phase Implementation: Include when project is divided into distinct implementation phases

6. Foreign Currency Provisions: Include for projects involving international procurement or payments

7. Community Engagement: Include when project requires specific community relations management

8. Archaeological Findings: Include for projects in historically sensitive areas

9. Intellectual Property Rights: Include when design or innovative construction methods are involved

What schedules should be included in a Construction Management At Risk Agreement?

1. Schedule A - Project Description: Detailed description of the project scope and technical requirements

2. Schedule B - GMP Breakdown: Detailed breakdown of the Guaranteed Maximum Price components

3. Schedule C - Project Schedule: Detailed project timeline with milestones and critical path

4. Schedule D - Key Personnel: List of key personnel from both parties with roles and responsibilities

5. Schedule E - Required Insurance: Detailed insurance requirements and coverage limits

6. Schedule F - Forms and Procedures: Standard forms for applications, certificates, and changes

7. Schedule G - Technical Specifications: Detailed technical requirements and standards

8. Schedule H - Site Information: Site conditions, surveys, and existing infrastructure information

9. Schedule I - Quality Management Plan: Detailed quality control and assurance procedures

10. Schedule J - HSE Requirements: Detailed health, safety, and environmental requirements

11. Schedule K - Subcontractor Requirements: Qualification criteria and management procedures for subcontractors

12. Schedule L - Payment Procedures: Detailed procedures for payment applications and processing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Project Agreement

Cost

Free to use

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