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  TERMS OF ENGAGEMENT

General and Specific Duties of the Monitoring Surveyor/Project Manager

The Monitoring Surveyor/Project Manager shall:

1. Throughout the construction period, monitor on an ongoing basis the progress of the Development (making available sufficient and suitable qualified personnel for such purposes) and in this connection shall:

  • make frequent site inspections, though not necessarily at regular intervals, attend (as appropriate) pre-contract, opening of tenders and project meetings with the Borrower and the Professional Team and review the minutes of such meetings.

  • assess any potential changes to the Agreed Plans, Building Contract and/or any other contracts in relation to the Development. The Monitoring Surveyor shall inform the client immediately they are advised/become aware of any such material changes and shall obtain the written consent of the client before approving the scheme;

  • review actual expenditure incurred against the Cash Flow Statement provide certificates in respect of all drawdowns under the Facility (accompanied by copies of the relevant architects' certificates, invoices, fee notes etc.) and confirm at the time of each drawdown under any Facility that the undrawn portion thereof will be sufficient to meet in full the remaining costs to be incurred in completing the Development. When certifying all drawdowns under Facility, the Monitoring Surveyor shall have regard to:

  • the value of the Building Contract and the terms and conditions of engagement of the members of the Professional Team,

  • the financial impact of any proposed changes to the Agreed Plans and/or Development, including delays and specification changes,

  • the amounts of any value added tax payments made out of the Facility and to be reclaimed.

  • provide concise reports to the client periodically on progress of the Development (commenting in particular on any adverse matter and its implication in relation to the completion of the Development).
    The client should be advised immediately (verbally in the first instance) by the Monitoring Surveyors on their discovering/becoming aware of such adverse matter;

  • report on the quality of work carried out compared with the Agreed Plans and/or Building Contract and report on the implications of any defects and, where necessary, advise the client and/or the building Contractor of any remedial work necessary;

  • act as the clients agent, if so requested by a client, and exercise any rights reserved to a client under its facility letter including serving notice of default on the client.


2. On completion of the Development, liaise with the clients representative for the issue of the Certificate of
Practical Completion and shall:

  • attend, if appropriate, at practical completion to represent the interests of the client,

  • review and schedule of defects prepared by the clients representative during the defects liability period and confirm that remedial work has been carried out and approve, following consultation with the client, the release of any retention monies to be paid to the Building Contractor and/or members of the Professional Team;

  • obtain the relevant technical information such as maintenance manuals and drawings;


3. carry out any other duties in connection with the Development and to take such other steps considered necessary to protect the clients interest.

should you agree to the above "Terms of Engagement" please indicate by signing below:


Name ......................................................... Date..................................

5. Costs to be mutually agreed and confirmed in writing.
 

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