We developed a comprehensive template agreement for a construction consulting firm to provide owner’s representation services, designed to ensure that our client’s activities are covered by its professional liability insurance. This overarching goal guided all aspects of the agreement, from defining the scope of services to carefully allocating risk and responsibilities. The agreement recognizes the value of experienced eyes and ears on a project, especially for project owners who are occasional or unsophisticated consumers of design and construction services. It establishes a clear scope of services while explicitly excluding certain owner responsibilities, particularly those of a legal nature best addressed by the owner’s own legal counsel. These excluded services include, for example, compliance with laws such as the Illinois Mechanics Lien Act, Occupational Safety and Health Act (OSHA), Americans with Disabilities Act (ADA), and various other statutes and regulations, shielding our client from unintended liability and duties which no owner’s representative could fairly be expected to manage. This strategic approach is reflected in provisions addressing design phase review, bid and award phase assistance, construction phase monitoring, and project closeout, all governed by an insurable defined standard of care.
