The Construction Consulting Contract is essential for formalizing professional consulting arrangements in the Philippine construction industry. It is typically used when engaging consultants for construction projects, whether for individual buildings, infrastructure developments, or large-scale construction initiatives. The document ensures compliance with Philippine laws including the Civil Code, National Building Code, and professional regulatory requirements. It defines the consultant's scope of work, responsibilities, deliverables, and compensation while protecting both parties' interests through clear liability and indemnification provisions. This contract type is particularly important given the Philippines' robust construction sector and the need for professional expertise in ensuring compliance with local building standards and regulations. The document includes provisions for professional liability, insurance requirements, and dispute resolution mechanisms specific to the Philippine legal context.
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1. Parties: Identification of the Client and Consultant, including full legal names, addresses, and registration details
2. Background: Context of the consulting arrangement and brief description of the construction project
3. Definitions: Key terms used throughout the agreement, including technical construction terminology
4. Scope of Services: Detailed description of consulting services to be provided, including specific deliverables and exclusions
5. Consultant's Obligations: Specific duties, responsibilities, and standard of care required from the consultant
6. Client's Obligations: Client's responsibilities, including provision of information, access, and cooperation
7. Project Timeline: Project schedule, milestones, and delivery dates
8. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures
9. Changes and Variations: Process for handling changes to scope, fees, or timeline
10. Intellectual Property: Ownership and usage rights of designs, documents, and other deliverables
11. Confidentiality: Protection and handling of confidential information
12. Liability and Indemnification: Limitation of liability, professional indemnity, and insurance requirements
13. Termination: Grounds and procedures for contract termination
14. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
15. General Provisions: Standard contract clauses including notices, assignment, and governing law
1. Force Majeure: Provisions for unforeseen circumstances preventing performance, used when project is in areas prone to natural disasters or political instability
2. Performance Security: Requirements for performance bonds or guarantees, used for high-value or high-risk projects
3. Environmental Compliance: Special provisions for environmental requirements, used when project has significant environmental impact
4. Safety Requirements: Specific safety protocols and responsibilities, used for high-risk construction projects
5. Local Content Requirements: Provisions for using local resources or expertise, used when required by local regulations or project specifications
6. Anti-Corruption Compliance: Specific anti-corruption provisions, used especially for government-related projects
7. Subcontracting: Terms for engaging and managing subconsultants, used when subcontracting is anticipated
8. Quality Assurance: Specific quality control requirements, used for complex technical projects
1. Schedule A - Scope of Services: Detailed breakdown of consulting services, deliverables, and methodology
2. Schedule B - Fee Schedule: Detailed breakdown of fees, rates, and payment milestones
3. Schedule C - Project Timeline: Detailed project schedule with milestones and deadlines
4. Schedule D - Key Personnel: List of key consultant team members and their roles
5. Schedule E - Client's Requirements: Detailed technical requirements and specifications from the client
6. Schedule F - Required Insurance: Details of required insurance coverage and limits
7. Appendix 1 - Standard Forms: Templates for progress reports, payment certificates, and variation orders
8. Appendix 2 - Technical Standards: Applicable technical standards and codes for the project
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Industrial Development
Commercial Property
Residential Development
Public Works
Mining
Manufacturing
Healthcare
Education
Hospitality
Retail
Transportation
Relevant Teams
Legal
Operations
Engineering
Project Management
Procurement
Risk Management
Quality Assurance
Technical Services
Business Development
Finance
Compliance
Construction Management
Relevant Roles
Construction Manager
Project Manager
Civil Engineer
Structural Engineer
Architecture Consultant
MEP Consultant
Quality Assurance Manager
Construction Site Supervisor
Legal Counsel
Procurement Manager
Contract Administrator
Risk Manager
Technical Director
Chief Engineer
Development Manager
Construction Coordinator
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