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Project Management Pre-Con Agreement

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PROJECT MANAGEMENT PRE-CON AGREEMENT

Project Identification

Parties

Client Name:

Service Provider Name:

Recitals

This Project Management Pre-Con Agreement (the Agreement) is entered into between the Client named above and the Service Provider named above for the purpose of defining pre-construction project management services, deliverables, budget, schedule and responsibilities prior to commencement of construction. The parties agree to the terms set forth below.

Scope of Work

Deliverables & Acceptance

Timeline & Milestones

Project Start Date:     Project End Date:

Budget & Payment

Total Pre-Con Fee: $

Confidentiality

Each party acknowledges that during performance of pre-construction services it may receive Confidential Information. Confidential Information shall mean non-public technical, financial, commercial or other information disclosed by one party to the other. Recipient shall hold Confidential Information in confidence, shall not disclose it to third parties except as required for the performance of this Agreement, and shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care. This obligation shall survive termination of this Agreement for a period of five (5) years.

Liability, Insurance & Indemnity

Service Provider shall maintain commercial general liability and professional liability insurance in amounts sufficient for the services to be performed. The liability of the Service Provider to the Client for any claim arising out of this Agreement, whether in contract, tort, or otherwise, shall be limited to direct damages and shall not exceed the Total Pre-Con Fee paid by the Client, except for damages resulting from willful misconduct or gross negligence.

Intellectual Property

All documents, drawings, schedules, reports and other deliverables prepared by the Service Provider under this Agreement shall be the property of the Client upon full payment of fees due. The Service Provider retains the right to use general methodologies, know-how and tools provided no Confidential Information or client-specific data is disclosed.

Termination & Remedies

Either party may terminate this Agreement for material breach if the breaching party fails to cure within fifteen (15) days after receipt of written notice. Upon termination, the Service Provider shall be paid for all work performed to the date of termination and for reasonable close-out costs. Termination shall not relieve either party of liability for obligations accruing prior to termination.

Dispute Resolution & Governing Law

The parties shall attempt in good faith to resolve disputes arising from or related to this Agreement by negotiation between senior representatives. If unresolved within thirty (30) days, disputes shall be resolved by binding arbitration in accordance with the rules agreed by the parties. This Agreement shall be governed by the laws of the jurisdiction where the Project is located, without regard to conflict of laws principles.

Representations & Certifications

Each signatory represents and warrants that they are duly authorized to execute this Agreement on behalf of the respective party, that the information provided in this Agreement is true and accurate to the best of their knowledge, and that entering into this Agreement does not violate any other agreement or legal obligation.

Signatures

Client:

By:

Date:

Service Provider:

By:

Date:

By signing above, each party certifies that it has read, understands and agrees to be bound by the terms of this Project Management Pre-Con Agreement and that the person signing has the authority to bind the party on whose behalf the signature is made.

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What the Project Management Pre-Con Agreement Is

A Project Management Pre-Con Agreement is a written contract used before project commencement to record the scope, roles, risk allocation, schedule milestones, communication protocols, and document submissions required at pre-construction or pre-commencement meetings. It formalizes responsibilities among owner, contractor, subcontractors, and consultants; identifies required permits, insurance, bonds, and inspections; and sets procedures for change orders, disputes, and payment timing. Treating the pre-con agreement as a baseline reduces scope misunderstandings and establishes the administrative workflow that governs the project from mobilization through initial milestones.

Why a Pre-Con Agreement Matters for Project Outcomes

A clear pre-con agreement aligns parties on scope, schedule, and risks before work begins, reducing disputes and rework. It documents who must provide project deliverables, approvals, and compliance artifacts and creates traceable expectations for cost and time performance.

Why a Pre-Con Agreement Matters for Project Outcomes

Who Typically Prepares and Signs This Agreement

The Project Management Pre-Con Agreement is completed by project stakeholders who will manage, perform, or approve early-stage project activities.

  • Owners and client representatives defining project requirements and approval thresholds.
  • General contractors coordinating subcontractor responsibilities, safety, and site logistics.
  • Project managers and design consultants documenting handoffs, submittals, and QA/QC processes.

Use this agreement as a working reference during mobilization and the first progress review; keep a signed, retained copy with project records.

Core Sections to Include in a Professional Pre-Con Agreement

A robust pre-con agreement structures responsibilities, timing, and approvals so project execution follows predictable processes. Each core section should be precise and, where appropriate, reference contract exhibits or codes.

Scope Summary

Concise description of work covered at mobilization, accepted exclusions, and referenced drawings or specification sections; avoids open-ended language that can create scope creep.

Schedule & Milestones

Key dates for mobilization, critical submittals, inspections, and phased handovers; include float, milestone acceptance criteria, and notification requirements for delays.

Roles & Contacts

Named project contacts, delegated authorities, decision timelines, and escalation paths for approvals and technical clarifications to prevent approval bottlenecks.

Change Order Process

Method for initiating, pricing, approving, and documenting changes including required supporting documentation, response windows, and compensation mechanics.

Risk Allocation & Insurance

Required insurance limits, indemnity provisions, safety responsibilities, and who bears costs for unknown site conditions or permit delays.

Documentation & Submittals

List of required submittals (plans, schedules, shop drawings), acceptance criteria, formats, and retention instructions for recordkeeping and regulatory compliance.

Step-by-Step: How to Complete and Sign the Pre-Con Agreement

Follow these sequential steps to prepare, review, and finalize the pre-con agreement before project mobilization.

  • 01
    Draft the Agreement: Populate scope, schedule, roles, and required submittals.
  • 02
    Internal Review: Circulate to legal, procurement, and operations for review and redlines.
  • 03
    Finalize Signers: Confirm authorized signatories and required witnesses or notarization.
  • 04
    Execute and Distribute: Obtain signatures, date the document, and distribute signed copies to all parties.

Configuring an Online Signing Workflow

Set these workflow parameters when sending the agreement electronically to ensure authentication, tracking, and timely completion.

Field Configuration
Authentication Method Email link, SMS code, or KBA as required
Signature Order Sequential or parallel signing options
Automated Reminders Set frequency and expiration for reminder emails
Expiration Set a signing window to reduce stale approvals

Typical Electronic Execution Flow

Electronic signature workflows follow predictable stages; capture authentication and an audit trail at each step to support enforceability.

  • Upload Document: Prepare final PDF or DOCX version for signing.
  • Place Fields: Add signature, date, and required data fields.
  • Assign Signers: Enter emails and set signer order.
  • Send and Record: Platform emails signer and records timestamped audit trail.

Common Deadlines and Timeframes to Track

Identify and calendar these critical dates so compliance and approvals happen before mobilization.

Pre-Con Meeting Date:

Schedule at least 10–14 days before mobilization for submittal review.

Submittal Turnaround:

Reviewer response target of 7–14 days per submittal.

Insurance Proof:

Provide certificates at least 7 days before site access.

Bond Delivery:

Performance and payment bonds delivered before contract start.

Permit Acquisition:

Allow lead time per local authority schedules; varies by jurisdiction.

Key Milestones from Agreement to Mobilization

The sequence below shows the numbered milestones that commonly occur after executing a pre-con agreement.

01

Execute Agreement

All parties sign and date the pre-con agreement, establishing baseline obligations.

02

Issue Submittals

Contractor provides shop drawings and schedule per agreed list.

03

Verify Insurance and Bonds

Owner confirms required certificates and surety delivery.

04

Site Mobilization

Contractor begins staging once permits and approvals are confirmed.

Common Preparation Pitfalls to Avoid

  • Vague scope language that leaves critical tasks undefined and invites later disputes or change claims.
  • Missing authorized signers or reliance on unapproved initials, which can invalidate an executed agreement under internal policies.
  • Failure to attach referenced exhibits or submittal lists, causing disconnects between document intent and on-site work.
  • Not verifying insurance and bonding early enough, which delays mobilization and can expose parties to uninsured risk.

Essential Security and Compliance Details to Include

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamp, IP, and action log required
Authentication: Email, SMS, or multi-factor options
Retention: Secure storage with access controls
HIPAA: BAA required for protected health data
ESIGN/UETA: Compliant for electronic signatures

Risks and Consequences of an Inaccurate Agreement

Delay Costs: Mobilization delays and liquidated damages exposure
Payment Disputes: Unclear payment terms can lead to withheld funds
Contract Claims: Vague change order process increases dispute risk
Regulatory Fines: Missing permits or insurance can trigger citations
Lien Risk: Unresolved payment issues may result in mechanic's liens
I-9 / Payroll: Paperwork errors risk fines under 8 CFR

Comparing eSignature Pricing and Capabilities for Project Agreements

Price and feature differences can influence platform selection for high-volume project workflows. The table compares common plan criteria across vendors.

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 Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Real-World Examples of Pre-Con Agreement Use

These user stories illustrate common benefits and practical adaptations of a pre-con agreement in project settings.

Martin Properties — Tim Martin

A small real estate developer standardized a pre-con agreement across property rehabs to reduce start-up delays.

  • The agreement required clear insurance and staging rules.
  • As a result, on-site conflicts dropped and document-based approvals replaced many on-site meetings, improving turnaround and traceability.

Optica Ventures — Brian Fitzgibbons

A project management firm used a pre-con agreement template to align subcontractors before mobilization.

  • The template included vendor contact and submittal deadlines.
  • Centralizing the pre-con process reduced miscommunications, shortened review cycles, and created a single retained record for audits.

Technical and Integration Considerations for Electronic Execution

Confirm platform compatibility and file formats before using electronic workflows to avoid conversion errors or missing metadata.

  • File Formats: PDF, DOCX, and HTML supported
  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
  • Authentication: Email, SMS, KBA, SSO options

Ensure the selected platform provides secure storage, tamper-evident signed PDFs, and an audit trail compatible with your retention policy.

Frequently Asked Questions About Pre-Con Agreements

Answers to common legal, signature, and procedural questions to help avoid execution errors and ensure enforceability.


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