Preconstruction Project Statement

Preconstruction Project Statement

Parties and Project Identification

This Preconstruction Project Statement ("Statement") is entered into by Client Name: and Preconstruction Consultant: .

Project Name:   Project Address:

WHEREAS

WHEREAS, Client requires preconstruction planning, cost estimating, scheduling and advisory services in connection with the Project described above; and

WHEREAS, Consultant represents that it has the experience, personnel and resources necessary to perform preconstruction services and agrees to provide such services under the terms and conditions set forth in this Statement; and

NOW, THEREFORE, the parties agree as follows.

Scope of Work

Payment Terms

Total Preconstruction Fee:   Currency:

Deposit Required:   Due on execution:

Late Payment Charge:   (applies to overdue undisputed amounts)

Reimbursable Expenses Included:   If checked, Expense Cap:

Term and Termination

Effective Date:   Anticipated Completion Date:

Either party may terminate this Statement for convenience upon written notice to the other party at least days in advance.

On termination, Consultant shall be entitled to payment for all work performed and expenses reasonably incurred to the date of termination, plus any costs reasonably associated with the orderly close-out of the preconstruction services.

Confidentiality

Each party acknowledges that in the course of performing under this Statement it may receive confidential and proprietary information of the other party ("Confidential Information"). Confidential Information shall not include information that: (a) is or becomes publicly available through no breach by the receiving party; (b) is rightfully received from a third party without restriction; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law, provided the disclosing party is given prompt notice and reasonable assistance in seeking confidential treatment or a protective order.

The receiving party shall hold Confidential Information in confidence and shall not disclose such information to any third party except to its employees, agents or subcontractors who have a need to know and who are bound by confidentiality obligations no less protective than those set forth herein. On termination or expiration, the receiving party shall return or destroy the disclosing party's Confidential Information upon request.

Governing Law; Dispute Resolution

This Statement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles.

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Statement by negotiation between senior representatives. If the dispute is not resolved by negotiation within thirty (30) days, the parties may pursue any remedy available at law or in equity.

Representations; Entire Agreement

Each party represents and warrants that it has the full right, power and authority to enter into this Statement and to perform its obligations hereunder. Consultant represents that services will be performed in a workmanlike manner consistent with industry standards.

This Statement, together with any attachments, exhibits or written amendments executed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

Miscellaneous Provisions

Assignment: Neither party may assign its rights or delegate its duties under this Statement without the prior written consent of the other party, except that Consultant may assign to a successor entity in connection with a merger or sale of substantially all of its assets.

Insurance: Consultant shall maintain insurance coverages customary for preconstruction services and upon request provide certificates evidencing such coverage.

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