Preconstruction Project Form

Preconstruction Project Form

This Preconstruction Project Form (the Agreement) is entered into by the parties identified below on the Effective Date. The parties intend by this instrument to set forth the scope, compensation, and terms applicable to preconstruction services to be provided in advance of any construction contract.

Parties

Client Name:

Contractor Name:

WHEREAS Recitals

WHEREAS, Client desires to obtain preconstruction services to evaluate feasibility, estimate cost, establish preliminary schedule, and prepare preconstruction deliverables for the project identified as Project Name: located at Project Address: ; and

WHEREAS, Contractor represents it has the experience, staff, and resources necessary to perform preconstruction services, and Client desires to engage Contractor to perform such services under the terms set forth below; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

Scope of Work

Contractor shall perform the preconstruction services described below. The services shall include, at a minimum, budgeting, preliminary scheduling, value analysis, constructability review, identification of long-lead items, permit and regulatory review, coordination with design professionals, and preparation of cost estimates and preconstruction reports.

Payment Terms

Client shall pay Contractor for preconstruction services as follows.

Late payments shall accrue interest at a rate of on any overdue balance, and Client shall be responsible for reasonable collection costs, including attorney fees.

Term and Termination

This Agreement commences on Effective Date: and shall continue until Completion Date: unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon days' written notice. Either party may terminate for cause if the other party materially breaches a material obligation and fails to cure within days after receipt of written notice specifying the breach.

Upon termination, Contractor shall be entitled to payment for services performed and approved reimbursable expenses incurred through the effective date of termination, subject to proper documentation.

Permits, Site Conditions, Insurance & Indemnity

Permits: Contractor to obtain permits    Client to obtain permits. Responsibilities selected above shall be documented in the preconstruction deliverables.

Indemnity: Each party shall indemnify, defend and hold harmless the other party from claims, liabilities, losses and expenses to the extent arising from that party's negligence or willful misconduct in connection with performance under this Agreement.

Change Orders and Deliverable Acceptance

All changes to the Scope of Work shall be documented in a written change order signed by authorized representatives of both parties. Deliverables shall be deemed accepted if Client does not provide written objections within days of receipt.

Confidentiality

Each party agrees to hold in confidence and not disclose to third parties any Confidential Information received from the other party, except as required by law. "Confidential Information" means non-public technical, commercial, pricing, or financial information disclosed in connection with this Agreement. Confidential Information does not include information that is or becomes publicly known through no wrongful act of the receiving party, is independently developed by the receiving party, or is rightfully received from a third party without restriction.

The receiving party may disclose Confidential Information to employees, contractors, consultants or agents who have a need to know and who are bound by confidentiality obligations at least as protective as those in this Agreement.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. The parties shall first attempt to resolve disputes through good-faith negotiation; if unresolved, disputes shall be resolved through binding arbitration in the county where the Project is located, unless otherwise agreed in writing.

Entire Agreement; Amendments

This Agreement, including any exhibits or written change orders signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. No amendment shall be effective unless made in writing and signed by authorized representatives of both parties.

Certifications

By signing below, each signatory certifies they have the authority to bind the party on whose behalf they sign, and that the information provided in this Preconstruction Project Form is true and correct to the best of their knowledge.

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