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Design Build Contract
"I need a Design Build Contract for a 50-story mixed-use development in Dubai, with specific provisions for sustainable design and LEED certification requirements, scheduled to commence construction in March 2025."
1. Parties: Identification of the Employer and the Design-Build Contractor, including their legal status and registered addresses
2. Background: Context of the project and the basis for entering into the agreement
3. Definitions and Interpretation: Detailed definitions of terms used throughout the contract and rules of interpretation
4. Contractor's Obligations: Comprehensive scope of design and construction services, including warranties and fitness for purpose obligations
5. Employer's Obligations: Responsibilities of the Employer including site access, permits, and information provision
6. Design Responsibilities: Details of design development, approval process, and design liability
7. Construction Obligations: Construction methodology, standards, materials, and workmanship requirements
8. Time for Completion: Project schedule, milestones, and completion requirements for both design and construction phases
9. Testing and Commissioning: Requirements for testing, commissioning, and acceptance procedures
10. Variations: Procedures for changes to the works, including pricing and time implications
11. Contract Price and Payment: Payment terms, milestones, and procedures including retention and final account
12. Defects Liability: Defects notification period and rectification procedures
13. Insurance and Liability: Required insurance coverage and liability limitations
14. Force Majeure: Definition and consequences of force majeure events
15. Termination: Grounds and procedures for contract termination by either party
16. Dispute Resolution: Dispute resolution procedures including arbitration provisions compliant with UAE law
17. Governing Law and Jurisdiction: Specification of UAE law as governing law and jurisdiction arrangements
1. Performance Security: Requirements for performance bonds or guarantees, optional if not required by the Employer
2. Advance Payment: Terms for advance payment and associated security, optional based on payment structure
3. Interface Management: Procedures for managing interfaces with other contractors, needed for complex projects
4. Value Engineering: Provisions for value engineering proposals, optional for projects where innovation is encouraged
5. Intellectual Property Rights: Specific provisions for design rights and licenses, important for unique or innovative designs
6. Environmental Compliance: Detailed environmental requirements, necessary for environmentally sensitive projects
7. Local Content Requirements: Provisions for local content and Emiratisation, required for government projects
8. BIM Requirements: Building Information Modeling obligations, needed for projects requiring BIM
9. Liquidated Damages for Delay: Pre-agreed damages for delay, optional based on Employer's requirements
1. Schedule 1 - Employer's Requirements: Detailed technical and performance specifications
2. Schedule 2 - Site Information: Site data, surveys, and existing conditions information
3. Schedule 3 - Contract Price Breakdown: Detailed breakdown of the contract price and payment schedule
4. Schedule 4 - Program: Detailed project program including design and construction milestones
5. Schedule 5 - Design Deliverables: List and timeline of required design submissions
6. Schedule 6 - Forms of Bonds and Guarantees: Templates for required security documents
7. Schedule 7 - Key Personnel: List of key personnel and their roles
8. Schedule 8 - Quality Assurance Requirements: Quality control and assurance procedures
9. Schedule 9 - Testing and Commissioning: Detailed testing and commissioning requirements
10. Schedule 10 - Forms of Certificates: Templates for various certificates including completion certificates
11. Appendix A - Drawing List: List of contract drawings and specifications
12. Appendix B - Permits and Approvals: List of required permits and responsible parties
Authors
Commercial Real Estate
Residential Development
Infrastructure
Healthcare
Education
Hospitality
Industrial
Mixed-Use Development
Retail
Transportation
Energy
Government/Public Works
Legal
Commercial
Construction
Design
Procurement
Finance
Operations
Risk Management
Quality Assurance
Project Management
Business Development
Technical Services
Health Safety Environment
Project Director
Construction Manager
Design Manager
Contract Manager
Commercial Director
Chief Executive Officer
Project Engineer
Procurement Manager
Quality Assurance Manager
Risk Manager
Legal Counsel
Financial Controller
Technical Director
Operations Manager
Business Development Manager
Cost Controller
Planning Manager
HSE Manager
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