Owner's Representative Agreement

Owner's Representative Agreement Template for Denmark

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Document background

The Owner's Representative Agreement is essential for construction and development projects in Denmark where the property owner requires professional representation to oversee their interests. This document is particularly relevant when owners lack the time, expertise, or local presence to manage projects directly. The agreement, governed by Danish law, establishes the representative's authority to act on the owner's behalf, defining their scope of services, responsibilities, and limitations. It includes specific provisions aligned with Danish construction regulations, professional services requirements, and industry standards. The document typically covers project oversight, consultant coordination, quality control, reporting structures, and decision-making authority. It's commonly used in both private and public sector projects, particularly for complex developments requiring dedicated professional representation.

Suggested Sections

1. Parties: Identification of the Owner and the Owner's Representative, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including brief description of the project and purpose of appointment

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Project', 'Construction Documents', etc.

4. Appointment and Scope: Formal appointment and detailed scope of the Owner's Representative's authority and services

5. Representative's Obligations: Core duties, responsibilities, and standard of care required from the Representative

6. Owner's Obligations: Owner's responsibilities, including provision of information and timely decisions

7. Duration and Timeline: Term of the agreement and any key project milestones

8. Fees and Payment: Compensation structure, payment terms, and reimbursable expenses

9. Insurance and Liability: Required insurance coverage and limitation of liability provisions

10. Confidentiality: Obligations regarding confidential information and project data

11. Termination: Grounds for termination, notice requirements, and consequences

12. General Provisions: Standard clauses including governing law, notices, and entire agreement

Optional Sections

1. Financial Authority: Detailed provisions regarding the Representative's authority to make financial decisions or commitments on behalf of the Owner. Include when Representative has spending authority.

2. Consultant Management: Provisions regarding the Representative's role in managing other project consultants. Include when Representative will coordinate multiple consultants.

3. Phasing and Milestones: Detailed provisions for different project phases and associated deliverables. Include for complex, multi-phase projects.

4. Reporting Requirements: Specific reporting obligations and formats. Include when Owner requires formal reporting structure.

5. Site Access and Safety: Provisions regarding site presence and safety responsibilities. Include when Representative has on-site duties.

6. Sustainability Requirements: Specific obligations regarding sustainability certifications or requirements. Include for green building projects.

7. Quality Control: Specific quality control and inspection responsibilities. Include when Representative has quality oversight duties.

8. Dispute Resolution: Detailed dispute resolution procedures. Include for high-value or complex projects.

Suggested Schedules

1. Schedule 1: Scope of Services: Detailed description of all services to be provided by the Representative

2. Schedule 2: Fee Schedule: Detailed breakdown of fees, hourly rates, and payment milestones

3. Schedule 3: Project Details: Specific project information, including location, timeline, and key stakeholders

4. Schedule 4: Reporting Templates: Standard forms and templates for project reporting

5. Schedule 5: Key Personnel: Names and roles of key team members from both parties

6. Schedule 6: Authority Matrix: Detailed matrix showing decision-making and approval authorities

7. Schedule 7: Insurance Requirements: Specific insurance types and coverage amounts required

8. Appendix A: Power of Attorney: If applicable, formal power of attorney document defining Representative's legal authority

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