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Project Management Builders Agreement

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PROJECT MANAGEMENT BUILDERS AGREEMENT

This Project Management Builders Agreement (the Agreement) is entered into as of by and between:

Parties and Project Identification

Scope of Work

The Service Provider shall perform project management, coordination, and construction supervision services for the project identified above. The scope shall include the tasks described in the Scope Detail below and shall be performed in accordance with applicable codes, professional standards, and the schedule set forth in this Agreement.

Deliverables and Acceptance

The Service Provider shall deliver the following items. Each deliverable requires written acceptance by the Client in accordance with the Acceptance Criteria below.

Timeline and Milestones

Key milestones. Dates are estimated and subject to change through approved change orders.

Budget, Fees and Payment

The Client shall pay the Service Provider compensation as set forth below. All amounts are exclusive of applicable taxes unless otherwise stated.

The parties agree that no changes to the Scope, Schedule or Price are effective unless documented in a written change order signed by authorized representatives of both parties. The Service Provider will provide a change order proposal detailing adjustments to price and schedule before commencing change order work.

Confidentiality

Each party shall maintain the confidentiality of the other party's proprietary information disclosed in connection with this Agreement. Confidential information shall not be used except to perform obligations under this Agreement, and shall not be disclosed to third parties except as required by law or with prior written consent. Confidentiality obligations survive termination for a period of three (3) years.

Indemnification; Liability; Warranties

The Service Provider shall indemnify and defend the Client from third-party claims arising from the Service Provider's negligent performance or willful misconduct. Except as expressly provided in writing, the Service Provider disclaims all other warranties. Neither party shall be liable to the other for incidental or consequential damages except for liability arising from gross negligence or willful misconduct.

Termination and Suspension

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches and fails to cure within thirty (30) days. Client may terminate for convenience upon payment of fees earned to date plus reasonable demobilization costs. Upon termination, the Service Provider shall deliver work in progress and an accounting of fees, costs and outstanding obligations.

Force Majeure; Notices

Neither party shall be liable for failure or delay due to causes beyond its reasonable control. Notices required under this Agreement shall be in writing and delivered to the addresses set forth in this Agreement or to such other address as either party designates in writing.

Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of without giving effect to its conflict of law principles. The parties shall seek to resolve disputes through good faith negotiation and, if unresolved, through mediation prior to pursuing litigation.

Insurance

The Service Provider shall maintain insurance appropriate to the work performed, including commercial general liability and professional liability where applicable. Certificates of insurance shall be provided to the Client upon request.

Entire Agreement

This Agreement, including any attached exhibits or executed change orders, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior proposals, negotiations and agreements, whether written or oral.

Client

Party Label:

By:

Date:

Service Provider (Builder)

Party Label:

By:

Date:

Enter text✕

What the Project Management Builders Agreement Is and When It’s Used

A Project Management Builders Agreement is a written contract that defines responsibilities, deliverables, schedule, payment terms, change-order procedures, and insurance and warranty obligations between an owner (or developer) and a builder or project manager. It allocates risk, sets quality and inspection standards, and describes dispute-resolution mechanisms for construction or renovation projects. These agreements can be used for full project delivery, phased construction, or construction management services and often reference plans, specifications, and permit requirements. When properly executed, the document becomes the primary legal instrument governing performance, payments, liens, and remedies between the parties.

Why a Clear Agreement Matters for Construction Projects

A well-drafted Project Management Builders Agreement reduces ambiguity about scope, timing, cost responsibilities, and liability, which lowers the chance of disputes and payment interruptions.

Why a Clear Agreement Matters for Construction Projects

Who Typically Prepares and Signs This Agreement

The agreement is commonly prepared by legal counsel, project managers, or contract administrators and signed by authorized representatives of the owner and the builder.

  • General contractors and construction managers who take responsibility for coordinating trades, schedules, and inspections.
  • Developers and property owners who need to secure performance, payment schedules, and warranty obligations.
  • Architects, design-build teams, and specialty subcontractors when role clarity or phased deliveries are involved.

Signatories should be individuals with authority to bind their organization; ensure correct titles and corporate capacity are recorded.

Step-by-Step: Completing the Agreement

Follow a simple sequence to reduce rework and ensure enforceability.

  • 01
    Prepare Documents: Assemble plans, permits, and insurance certificates.
  • 02
    Fill Core Terms: Enter parties, scope, price, and schedule.
  • 03
    Review Legal Clauses: Confirm indemnity, warranty, and dispute language.
  • 04
    Execute and Distribute: Obtain signatures and circulate final copies.

How to Set Up an Online Signing Workflow

Configure the digital workflow to match the contract’s approval order and authentication needs.

Field Configuration
Signer Order Sequential or parallel signer routing; set primary approver first.
Authentication Choose email link, SMS code, or higher assurance KBA as required.
Reminders Enable automated reminders and escalation notifications for unsigned documents.
Storage Archive signed PDF and audit trail to your document repository.

Typical Electronic Signing Sequence

A reliable eSigning process makes execution traceable and reduces turnaround time.

  • Upload Document: Sender uploads contract PDF and attachments.
  • Place Fields: Add signature, initial, date, and checkbox fields.
  • Invite Signers: Send via email or share a secure signing link.
  • Capture Audit Trail: Platform records timestamps, IPs, and actions.

Technical and Integration Considerations

Choose a platform that supports PDFs, templates, integrations, and the authentication level your project requires.

  • File Formats: PDF, DOCX accepted
  • Integrations: Connects to NetSuite, Salesforce, Procore
  • Accessibility: Supports WCAG-compliant signing

Core Elements to Include in a Professional Agreement

A complete builders agreement aligns expectations across schedule, payment, quality, and legal protections.

Defined Scope

Detailed scope or attached exhibits reduce disputes by establishing precise deliverables, exclusions, and acceptance criteria.

Payment Structure

Include contract sum, progress invoices, retainage percentage, holdbacks, and final acceptance conditions to avoid payment ambiguity.

Schedule and Milestones

Specify baseline schedule, milestone dates, delays notice, and any liquidated damages or incentive payments for clarity.

Change Orders

Set procedures for submitting, approving, pricing, and scheduling changes to control scope creep and claims.

Insurance and Bonds

Require certificates of insurance, performance bonds, and minimum coverage levels to protect project stakeholders.

Warranties and Indemnities

Define warranty periods, remedies, and indemnity scope for defects, third-party claims, and environmental risks.

Security and Compliance Items to Track

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encrypted storage
Audit Trail: Comprehensive timestamp and IP log
HIPAA BAA: Available if required
Access Controls: Role-based permissions
Certifications: SOC 2 Type II, ISO 27001

Common Legal Risks and Contractual Penalties

Late Completion: Liquidated damages may apply
Payment Default: Triggers stop-work or lien rights
Scope Disputes: Leads to change order claims
Certificate Errors: Insurance gaps increase exposure
Incorrect Signatory: May affect enforceability
Noncompliance: Regulatory fines or permit delays

Frequent Preparation Mistakes to Avoid

  • Leaving the scope vague or relying on verbal instructions, which creates ambiguity around deliverables and acceptance criteria.
  • Failing to include a clear change-order process, causing delays and disputes when unforeseen work arises.
  • Not verifying signer authority or corporate capacity, which can render the agreement unenforceable in a dispute.
  • Using inconsistent project names or versions across documents, resulting in misfiled records and payment confusion.

Key Dates and Timing to Include

Clearly list the dates that trigger obligations, payments, and notice periods to prevent missed deadlines.

Effective Date:

Date when contract terms begin; use MM/DD/YYYY.

Start Date:

When on-site work may commence.

Substantial Completion:

Milestone for final payment triggers or retainage release.

Payment Due Dates:

Net terms for progress and final invoices.

Notice Periods:

Days required for breach, delay, or termination notices.

eSignature Vendor Comparison for Executing Builders Agreements

Platform selection affects cost, authentication, bulk sending, and HIPAA support; signNow is listed first for direct comparison with common competitors.

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 No Yes, limited Yes, limited
Bulk Send Yes (Business Premium) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples of Agreement Use

These examples show how organizations use digital execution and robust contract terms to manage projects and compliance.

Martin Properties — Onsite Closures

Tim Martin found online execution streamlined his property projects

  • He processed and executed documents online with full compliance
  • As a result, site signings moved faster and recordkeeping was consistent across mobile and desktop workflows, improving turnaround during occupancy handovers.

Optica Ventures — Developer Operations

Optica Ventures emphasized ease of use for internal teams and external partners

  • The interface simplified signature collection across stakeholders
  • That simplicity reduced follow-ups and helped keep multi‑party projects on schedule while maintaining a clear audit trail.

Frequently Asked Questions About the Agreement

Answers to common execution, validity, and recordkeeping questions when preparing a Project Management Builders Agreement.


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