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Project Management Performance Agreement

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PROJECT MANAGEMENT PERFORMANCE AGREEMENT

This Project Management Performance Agreement ("Agreement") is entered into on , by and between:

Parties and Project Identification

Client Name:

Service Provider Name:

Recitals and Definitions

WHEREAS, Client has engaged Service Provider to perform project management services in accordance with the scope and terms set forth herein; and WHEREAS, Service Provider has the experience, personnel, and capacity to perform such services; NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows.

1. Scope of Work

Service Provider shall perform the project management services described below. Deliverables, responsibilities, resource assignments, and task-level activities shall be carried out in a timely and workmanlike manner consistent with industry standards.

2. Deliverables and Acceptance

Service Provider shall deliver the items specified below. Each deliverable will include acceptance criteria and an acceptance period during which Client may review and either accept or provide written rejection with reasons.

3. Timeline and Milestones

Project Start Date: ,

Project End Date: ,

Due Date:

Due Date:

4. Budget, Fees and Payment Schedule

Total Project Fee: $

Invoices shall be issued in accordance with the payment schedule above. Client shall pay undisputed invoices within days of receipt. Late payments are subject to interest at a rate of .

5. Change Orders

Any changes to scope, schedule or fees shall be made only by written Change Order signed by authorized representatives of both parties. A Change Order shall describe the change, impact to cost and schedule, and revised acceptance criteria.

6. Performance Standards, Reporting and Meetings

Service Provider shall manage the project using standard project management methodologies and provide regular status reports. Performance metrics shall include schedule adherence, issue resolution timeliness, and quality of deliverables as defined in acceptance criteria.

7. Confidentiality

Each party shall safeguard Confidential Information of the other party and shall not disclose such information except as necessary to perform obligations under this Agreement. Confidential Information excludes information that is publicly known or rightfully obtained from a third party. Confidential information shall be returned or destroyed upon termination of this Agreement.

8. Intellectual Property

Unless otherwise agreed in writing, Client shall retain ownership of its pre-existing materials and final deliverables upon full payment. Service Provider retains ownership of its pre-existing tools, methodologies and templates. Service Provider grants Client a non-exclusive, perpetual license to use project deliverables for internal purposes.

9. Indemnification; Limitation of Liability

Each party shall indemnify the other for claims arising from its gross negligence or willful misconduct. Except for liability arising from willful misconduct or indemnification obligations, neither party's aggregate liability shall exceed the fees paid to Service Provider under this Agreement during the twelve (12) months preceding the claim.

10. Termination

Either party may terminate this Agreement for material breach if the breaching party fails to cure within thirty (30) days of written notice. Client may terminate for convenience upon thirty (30) days' written notice and payment for work performed and non-cancellable commitments.

11. Force Majeure

Neither party shall be liable for failure or delay due to causes beyond its reasonable control, including acts of God, labor disputes, governmental actions or interruptions of service, provided notice is given promptly and the party uses reasonable efforts to resume performance.

12. Notices

13. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the jurisdiction specified below without regard to conflict of law principles. The parties agree to attempt to resolve disputes through escalation to senior executives, and if unresolved, through binding arbitration or the venue selected below.

14. General Provisions

Entire Agreement: This Agreement, including any executed Change Orders and attachments, constitutes the entire agreement between the parties. Amendments must be in writing and signed by authorized representatives. Severability: If any provision is held unenforceable, the remainder shall remain in effect. Assignment: Neither party may assign without prior written consent, except to an affiliate or successor by merger.

Signatures

Client — Printed Name:

By (Signature):

Date:

Service Provider — Printed Name:

By (Signature):

Date:

Enter text✕

What a Project Management Performance Agreement Is

A Project Management Performance Agreement is a written contract that defines responsibilities, deliverables, performance metrics, payment terms, timelines, and dispute resolution between a project owner and a project manager or contractor. It establishes measurable success criteria, reporting frequency, acceptance procedures, and remedies for missed milestones. Use it to align expectations on scope changes, quality standards, resource allocations, and risk management. The agreement can be standalone or appended to a master services agreement, and should specify governing law, notice procedures, and signature blocks for all authorized parties.

Why this Agreement Matters for Project Outcomes

A Project Management Performance Agreement clarifies deliverables, timelines, and accountability, reduces disputes, and creates measurable acceptance criteria. It protects both parties by documenting payment triggers, change-control procedures, and remedies for missed milestones, improving project predictability and auditability.

Why this Agreement Matters for Project Outcomes

Organizations and Roles That Typically Use This Agreement

Project managers, owners, procurement teams, and external contractors use this agreement to set measurable expectations and payment terms.

  • Project management offices relying on standardized performance metrics to reduce disputes and improve oversight.
  • Procurement and contracting teams that need enforceable milestone payment schedules and defined change-control procedures.
  • External contractors or vendors required to accept objective KPIs and sign off on deliverable acceptance.

Use it when assigning responsibilities, accepting completed work, or when disputes require documented performance evidence.

Key Signer Roles and Their Responsibilities

Project Manager

As the designated project manager, this signer is responsible for overseeing schedule, quality control, resource allocation, and reporting. They approve milestone deliverables, authorize change orders within delegated limits, and must sign off on acceptance certificates to trigger payments and warranties.

Project Owner

The project owner provides scope direction, authorizes budget changes, and retains final acceptance authority. Their signature confirms funding availability and initiates warranty or maintenance obligations; they may require periodic performance reports and reserve rights to withhold acceptance for nonconforming work.

Core Clauses to Include in the Agreement

Essential clauses define scope, success criteria, schedule, payment mechanics, change control, and dispute resolution for enforceable project management performance agreements.

Scope of Work

Clearly describe tasks, deliverables, interfaces, and exclusions. Attach schedules, resource lists, and referenced standards. Precise scope prevents disputes about responsibilities and helps measure compliance against agreed milestones.

Performance Metrics

Specify measurable KPIs, target values, frequency of reporting, data sources, and acceptable tolerances. Define how metrics are calculated and who validates results to ensure objective performance assessment.

Payment Terms

State milestone-based payment schedule, invoicing requirements, retainage, and conditions for release. Include reimbursement for approved expenses and remedies for late or disputed payments to reduce cashflow uncertainty.

Change Control

Describe procedure for scope changes, approval authorities, cost and schedule impacts, documentation, and timeframes. Require written change orders signed by authorized representatives before work begins on changed tasks.

Acceptance Criteria

Define testing, inspection, and sign-off steps, including remedial periods and criteria for partial acceptance. Specify deliverable formats, documentation, and pass/fail thresholds for each milestone and sign-off authorities.

Dispute Resolution

Agree on escalation steps, mediation, arbitration, or court jurisdiction, and include interim relief options. State governing law and venue for any litigation or arbitration proceedings.

Step-by-Step: How to Complete and Execute This Agreement

Complete this Project Management Performance Agreement in clear sequence; follow fields, attach exhibits, obtain required signatures, and record retention instructions.

  • 01
    Prepare document: Gather scope, milestones, payment terms, and exhibits.
  • 02
    Assign roles: Identify project owner, manager, approvers, and reviewers.
  • 03
    Set metrics: Define KPIs, acceptance criteria, and measurement intervals.
  • 04
    Sign and distribute: Collect signatures; distribute executed copies to stakeholders.

How to Configure an Online Signing Workflow

Configure the online agreement template, signer order, authentication level, and automated notifications to match your project approval workflow.

Template field configuration and defaults Configuration
Signer order and notification cadence Project owner then project manager; auto-notify observers.
Authentication level and verification method Email link default; optional SMS code or KBA.
Conditional fields for milestone acceptance Show acceptance checklist when milestone marked complete.
Archive, retention, and access controls Store signed PDFs with audit trail; set retention period.

Technical Requirements for eSigning and eSubmission

Use an eSignature platform supporting PDF, DOCX, templates, and integrations with your CMS or ERP systems.

  • File types: PDF, DOCX, and native templates.
  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace.
  • Authentication options: Email link, SMS code, KBA, or SSO.

Typical Routing Steps for Finalizing the Agreement

Typical routing for the Project Management Performance Agreement: prepare, assign fields, send for signature, and distribute executed copies to stakeholders.

  • Upload: Upload the finalized PDF or DOCX to the signing platform.
  • Place fields: Add signature, date, initials, and conditional fields as needed.
  • Send: Send in defined signer order with authentication selected.
  • Archive: Store signed agreement and audit trail securely.

Comparing eSignature Pricing and Features for This Agreement

Compare baseline pricing and key eSignature features relevant to signing and managing Project Management Performance Agreements.

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 Trial available Trial available Trial available Trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-World Examples of Agreement Use

Two brief examples show how organizations use a Project Management Performance Agreement to reduce disputes and accelerate acceptance.

Optica Ventures — Brian Fitzgibbons

Optica Ventures used a formal Project Management Performance Agreement to standardize deliverables across multiple portfolios and vendors.

  • They reduced approval cycle time.
  • Brian Fitzgibbons, COO, reported clearer acceptance criteria reduced disputes and accelerated invoicing. With documented milestones, teams aligned on handoffs, which improved auditability and supported consistent contractor performance reviews across projects.

Martin Properties — Tim Martin

Martin Properties applied the agreement to rental property renovations, defining work phases, inspections, and payment triggers before contractor mobilization.

  • They achieved 100% compliance on inspections.
  • Tim Martin noted that predefined acceptance steps reduced rework and enabled remote approvals. The documented schedule and payment linkage protected cashflow and simplified contractor claims during busy renovation seasons nationwide.

Common Mistakes to Avoid When Preparing the Agreement

  • Vague scope definitions create disputes over responsibilities and deliverables, leading to schedule delays, disagreement on acceptance testing, and increased change-order claims.
  • Unmeasurable or undefined KPIs allow subjective acceptance, increasing disputes and withholding of payments; define thresholds, data sources, and measurement intervals to avoid gaps.
  • Contracts signed by unauthorized individuals may be voidable; confirm signatory authority, corporate resolutions, or delegated signing limits before execution to preserve enforceability.
  • Failing to attach referenced SOWs, schedules, or exhibits creates ambiguity and may invalidate milestone triggers; cross-reference exhibits and require initials on each page.

Short Risks and Penalties of an Incorrect or Incomplete Agreement

Breach claims: Costly litigation and damages
Payment disputes: Withheld payments and cashflow issues
Enforceability risk: Signatory challenge; possible voiding
Regulatory exposure: HIPAA or industry fines if PHI mishandled
Construction liens: Potential mechanic's liens for unpaid work
Increased legal fees: Attorney review and dispute resolution costs

Key Dates and Deadlines to Track

Key dates affect payments, acceptance, tax treatment, and retention; document execution and milestone acceptance dates are particularly consequential.

Agreement Execution and Effective Date:

Enter MM/DD/YYYY; governs when obligations begin.

Milestone Acceptance and Payment Triggers:

Payment due per accepted milestone within specified days.

Invoice Submission Window and Documentation:

Submit invoices within 30 days of acceptance.

Record retention start and calculation date:

Retention often measured from execution or final accounting.

Amendment Effective Date and Notice:

Amendments take effect when signed by all parties.

Frequently Asked Questions About the Agreement

Answers to frequent questions about completing, signing, and storing the Project Management Performance Agreement, including legal and eSignature considerations.


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