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Construction Agency Agreement Template for Germany

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Key Requirements PROMPT example:

Construction Agency Agreement

I need a Construction Agency Agreement for a large commercial development project in Berlin, where we'll appoint a construction agent to manage a €50M office complex development with specific green building requirements and BIM integration, starting March 2025.

Document background
The Construction Agency Agreement (Baubetreuungsvertrag) is essential for projects where a property owner or developer requires professional representation and project management services in Germany. This document is specifically designed to comply with German Civil Code (BGB) requirements and construction law regulations, making it suitable for both commercial and residential construction projects. It is typically used when a principal needs specialized expertise to oversee construction projects, manage contractors, and ensure compliance with German building regulations. The agreement covers crucial aspects such as scope of authority, service specifications, fee structures, and liability provisions, while incorporating specific German legal requirements for both agency relationships and construction contracts. This document is particularly important for large-scale developments where professional project management is essential for successful project execution.
Suggested Sections

1. Parties: Identification of the Principal (Auftraggeber) and the Construction Agent (Baubetreuer), including full legal names and addresses

2. Background: Context of the agreement, including project overview and purpose of engaging the construction agent

3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terms and contract-specific terminology

4. Appointment and Scope of Authority: Formal appointment of the agent and detailed description of delegated powers and authority limits

5. Agent's Services and Obligations: Comprehensive list of services to be provided, including project management, coordination, and supervision responsibilities

6. Principal's Obligations: Principal's responsibilities, including provision of information, approvals, and cooperation requirements

7. Project Parameters: Key project details including location, scope, budget, and timeline

8. Compensation and Payment Terms: Fee structure, payment schedule, and reimbursable expenses

9. Duration and Time Schedule: Contract duration, key milestones, and project timeline

10. Standard of Care: Required professional standard and quality requirements

11. Liability and Insurance: Liability provisions, insurance requirements, and limitation of liability clauses

12. Termination: Termination rights and procedures for both parties

13. Confidentiality: Obligations regarding confidential information and project data

14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

Optional Sections

1. Subcontracting: Rules for engaging subcontractors - include when agent is permitted to subcontract services

2. Intellectual Property Rights: IP ownership and usage rights - include when design or creative services are involved

3. Force Majeure: Provisions for unforeseen circumstances - recommended for long-term or complex projects

4. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer arbitration or mediation

5. Bank Guarantee: Requirements for performance guarantees - include for high-value projects

6. Special Authorities: Additional powers granted to agent - include when agent needs specific additional authority

7. Sustainability Requirements: Green building and environmental standards - include for projects with specific environmental goals

8. Building Information Modeling (BIM): BIM requirements and protocols - include when project uses BIM technology

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of all services to be provided by the construction agent

2. Schedule 2 - Fee Schedule: Detailed fee calculation, payment milestones, and hourly rates if applicable

3. Schedule 3 - Project Timeline: Detailed project schedule with milestones and deadlines

4. Schedule 4 - Project Specifications: Technical specifications and requirements for the construction project

5. Schedule 5 - Key Personnel: List of key team members and their roles from both parties

6. Schedule 6 - Required Insurance: Detailed insurance requirements and coverage levels

7. Schedule 7 - Power of Attorney: Formal power of attorney document if required for specific actions

8. Appendix A - Project Plans: Architectural and engineering plans reference document

9. Appendix B - Form of Reports: Templates for required project reports and documentation

10. Appendix C - Authorization Matrix: Decision-making and approval authority levels

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
















































Clauses








































Relevant Industries

Commercial Real Estate

Residential Property Development

Industrial Construction

Infrastructure Development

Public Sector Construction

Healthcare Facility Construction

Retail Development

Hospitality Construction

Educational Facilities

Mixed-use Development

Relevant Teams

Legal

Construction

Project Management

Real Estate

Procurement

Risk Management

Contract Administration

Development

Technical Services

Property Management

Facilities Management

Investment

Relevant Roles

Construction Project Manager

Development Director

Property Developer

Construction Manager

Real Estate Manager

Facility Manager

Contract Administrator

Project Control Manager

Technical Director

Construction Agent (Baubetreuer)

Real Estate Investment Manager

Construction Coordinator

Legal Counsel

Risk Manager

Procurement Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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