Can the agreement be e-signed?

Yes. Electronic signatures are enforceable under the ESIGN Act and UETA when intent, consent, attribution and retention are present (15 U.S.C. §7001 and UETA). Verify exceptions for specific document types before proceeding.

Do I need a notary or witness?

Most pre-construction contracts do not require notarization, but local rules or recording requirements may. Use a notary when exhibits will be recorded or when state practice recommends acknowledgment.

How should parties prove signatory authority?

Attach corporate resolutions, formation documents or officer certificates where an entity signs. That documentation supports enforceability and prevents later challenges to authority.

What if a signer uses an incorrect name?

Mismatched names can create enforcement gaps. Correct the signature page or add an amendment identifying the signer with their legal entity and title to confirm attribution.

How long must records be kept?

Retain executed agreements for the active term plus at least three years; follow industry rules such as IRS records retention (IRC §6501(a)) and HIPAA six-year retention where applicable.

Are remote notarizations acceptable?

Remote Online Notarization is permitted in most states with specific identity proofing and recording requirements; confirm state notary rules before relying on RON for recorded exhibits.

Electronic Signature
Templates
Project Management
Pre-Construction Project Agreement

Pre-Construction Project Agreement

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Pre-Construction Project Agreement

Project Identification

Project ID Project Name Project Address

Effective Date:

Client Name Service Provider Name Primary Project Manager (Service Provider)

Recitals

This Pre-Construction Project Agreement (the Agreement) is entered into by and between Client Name: and Service Provider Name: for the purpose of defining pre-construction services, responsibilities, deliverables, schedule and compensation related to the Project identified above.

Scope of Work

The Service Provider shall perform pre-construction services including, but not limited to: feasibility review, site assessment, design coordination, cost estimating, constructability review, permit coordination, scheduling, and preparation of pre-construction deliverables as set forth below. These services shall be performed in a professional manner and in accordance with applicable codes and industry standards.

Detailed Scope of Work Out-of-Scope Items

Deliverables and Acceptance Criteria

The Service Provider shall deliver the items below. Each deliverable will be reviewed by the Client for conformance with the acceptance criteria; acceptance will be documented in writing or by email from Client's authorized representative.

Deliverable 1 — Title Deliverable 2 — Title

Timeline and Milestones

Project Start Date:

Target Substantial Completion Date:

Milestones (description and target date)

Budget and Payment

Total Pre-Construction Fee: $

Payment Schedule and Terms

Deposit Required: Retainage:

Change Order and Additional Work

Confidentiality

Each party acknowledges that Confidential Information disclosed in connection with this Agreement shall be held in strict confidence and shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law. Confidential Information shall not include information that is or becomes publicly available through no fault of the receiving party, or that is independently developed without use of the disclosing party's information.

Insurance, Indemnity and Liability

The Service Provider shall maintain insurance customary for pre-construction services, including general liability and professional liability where applicable. The Service Provider agrees to indemnify and hold harmless the Client from claims arising out of the Service Provider's negligent acts or omissions, except to the extent caused by the Client's negligence or willful misconduct. Neither party shall be liable for consequential or punitive damages except in cases of willful misconduct or gross negligence.

Termination

Either party may terminate this Agreement for material breach after providing written notice and a thirty (30) day opportunity to cure. If terminated, the Service Provider shall be compensated for work performed and documented costs incurred through the effective date of termination, subject to Client's right to set off amounts for nonconforming work.

Notice Period for Cure (days)

Dispute Resolution and Governing Law

The parties shall attempt in good faith to resolve disputes promptly by negotiation. If unresolved, disputes shall be subject to mediation, and if mediation fails, then binding arbitration or litigation as selected below. The Agreement shall be governed by the laws of:

Dispute resolution election: Mediation Arbitration Litigation

Notices

Client Notice Address Service Provider Notice Address

Miscellaneous Provisions

Entire Agreement: This Agreement contains the entire agreement between the parties regarding pre-construction services and supersedes prior negotiations and agreements. Amendments must be in writing and signed by authorized representatives of both parties. Severability: If any provision is held invalid, the remainder shall remain in effect. Assignment: Neither party may assign this Agreement without the prior written consent of the other, except to an affiliate or successor in interest.

Additional Provisions or Special Terms

Acknowledgment

The undersigned represent and warrant that they are duly authorized to enter into this Agreement on behalf of the respective parties and that the information provided herein is true and complete to the best of their knowledge.

Client Printed Name:

By:

Date:

Service Provider Printed Name:

By:

Date:

What a Pre-Construction Project Agreement Is

A Pre-Construction Project Agreement is a contract executed before work begins that defines scope, responsibilities, schedule, payment terms, insurance, permits and change management for a construction project. It sets expectations among owner, contractor and key subcontractors, and it often precedes or supplements the final construction contract. The agreement clarifies deliverables, milestone dates, procurement obligations, risk allocation and documentation requirements so parties can avoid disputes during early project stages and speed permitting and bidding activities.

Why this Agreement Matters for Project Readiness

The Pre-Construction Project Agreement reduces ambiguity about scope, budgets, and responsibilities prior to procurement and ground-breaking, helping manage risk and align stakeholders before construction costs and schedules are committed.

Who Typically Prepares and Signs This Agreement

Typical participants are listed below; each plays a distinct role in pre-construction planning and approvals.

Owners and developers — define project objectives, funding, and approvals for design and permits.
General contractors — commit to preliminary schedules, bidder coordination, and procurement responsibilities.
Architects and engineers — provide early design deliverables, I/O documents, and milestone approvals.

Identifying the correct parties early ensures enforceability and prevents signature or authority disputes later.

Signatory Roles and Typical Authorities

Owner / Developer

Chief executive, project director or authorized signatory who controls funding and final approvals. Must have authority to bind the entity to payment obligations and change orders under the agreement.

General Contractor

Company officer or project manager authorized to accept scope, schedule, and procurement duties. Their signature triggers contractor obligations and access rights to the site and project documentation.

Step-by-Step: Completing the Agreement

Follow these steps in order to prepare a clear, enforceable Pre-Construction Project Agreement and reduce approval cycle time.

01

Collect parties: List full legal names and entity types for each party.
02

Define scope: Write concise scope of pre-construction services and deliverables.
03

Set schedule: Specify milestone dates, permit deadlines, and Notice to Proceed rules.
04

Sign and retain: Obtain required signatures, notarizations if needed, and store executed copies.

Online Workflow Suggestions for eCompletion

Configure a standard digital workflow so each party receives, signs, and retains a verifiable copy; adjust authentication and routing to match project risk.

Field	Configuration
Authentication	Email link or SMS code for primary signers
Order	Sequential signing: owner → contractor → design team
Notifications	Auto reminders at 3, 7 and 14 days
Retention	Automatic archive after final signature

How Electronic Signing and Submission Works

A concise online signing workflow reduces turnaround and preserves an audit trail for compliance and claims.

Upload Document: Sender uploads final agreement PDF or DOCX to the signing platform.
Place Fields: Add signature, date and initial fields where required.
Invite Signers: Send signer emails or create secure signing links with authentication.
Complete & Archive: Signed copies and audit trail are stored and distributed to parties.

Core Clauses Every Pre-Construction Agreement Should Include

These sections form the backbone of a usable pre-construction agreement. Each clause should be specific to the project to reduce ambiguity and transactional friction.

Scope of Work

Detailed description of pre-construction activities, deliverable formats, and acceptance criteria so bidders and officials clearly understand responsibilities and expected outputs.

Payment and Retainage

Set payment amounts, schedule, invoicing rules, retainage percentage, and conditions for release to avoid disputes during procurement and early construction.

Schedule and Milestones

List permit submission dates, review windows, milestone completion targets, and liquidated damages or extensions tied to specific causes.

Change Orders

Define how changes are initiated, authorized, priced and scheduled to control scope creep and manage owner-contractor expectations during design and bidding.

Insurance and Bonds

Specify required insurance limits, additional insureds, performance bonds and when certificates must be delivered to protect parties during pre-construction.

Termination

Describe termination for convenience and default, notice periods, cure windows and payment obligations on termination to minimize litigation risk.

Data and Signature Security Considerations

Encryption in transit: TLS 1.2/1.3

Encryption at rest: AES-256

Audit trails: Detailed signer logs

Regulatory compliance: ESIGN and UETA

Healthcare support: HIPAA (BAA available)

Certified controls: SOC 2 Type II

Key Legal Risks from Errors or Omissions

Invalid signature: May void consent or delay enforcement

Missing parties: Triggers contract unenforceability claims

Scope gaps: Leads to costly change order disputes

Permit delays: Can cause schedule and cost overruns

Incorrect payment terms: Disrupts cash flow and triggers liens

Improper retention: Breaches recordkeeping obligations

Common Preparation Mistakes to Avoid

Using informal or draft versions for signature without updating scope and schedules, which often leads to contradictory obligations during execution.
Failing to confirm signatory authority for corporate parties; unsigned or improperly authorized signatures can invalidate commitments.
Neglecting to attach required exhibits such as project drawings, insurance certificates, or preliminary schedules, creating later ambiguity.
Omitting clear procedures for change orders and approvals, which causes cost disputes and delays once bidders are engaged.

Typical Dates and Deadlines to Include

Specify fixed dates and relative deadlines so parties can coordinate permitting, procurement and mobilization without ambiguity.

Effective Date of Agreement:

Date when contract obligations and notice periods commence.

Notice to Proceed Deadline:

Date by which owner issues NTP to begin pre-construction scope.

Permit Submission Target:

Planned date for filing permits with local authority.

Bid Package Release:

Date for issuing bid documents to subcontractors and suppliers.

Final Acceptance Review:

Target date for closeout review and deliverable acceptance.

eSignature Vendor Snapshot for Executing Pre-Construction Agreements

Comparison of representative vendor starting prices and core capabilities relevant to signing, routing and compliance for construction documents.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no card	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions and Troubleshooting

Answers to common execution and compliance questions about Pre-Construction Project Agreements, signatures and recordkeeping.

Need help? Contact support

Can the agreement be e-signed?
Yes. Electronic signatures are enforceable under the ESIGN Act and UETA when intent, consent, attribution and retention are present (15 U.S.C. §7001 and UETA). Verify exceptions for specific document types before proceeding.
Do I need a notary or witness?
Most pre-construction contracts do not require notarization, but local rules or recording requirements may. Use a notary when exhibits will be recorded or when state practice recommends acknowledgment.
How should parties prove signatory authority?
Attach corporate resolutions, formation documents or officer certificates where an entity signs. That documentation supports enforceability and prevents later challenges to authority.
What if a signer uses an incorrect name?
Mismatched names can create enforcement gaps. Correct the signature page or add an amendment identifying the signer with their legal entity and title to confirm attribution.
How long must records be kept?
Retain executed agreements for the active term plus at least three years; follow industry rules such as IRS records retention (IRC §6501(a)) and HIPAA six-year retention where applicable.
Are remote notarizations acceptable?
Remote Online Notarization is permitted in most states with specific identity proofing and recording requirements; confirm state notary rules before relying on RON for recorded exhibits.

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