The Design Build Maintain Contract is specifically crafted for use in complex Australian infrastructure and building projects where a single contractor is responsible for design, construction, and long-term maintenance services. This integrated approach offers advantages in terms of whole-life cost optimization, risk management, and seamless transition between project phases. The document incorporates Australian legislative requirements and industry best practices, making it suitable for major public and private sector projects. It includes comprehensive provisions for performance standards, risk allocation, payment mechanisms, and dispute resolution, while maintaining flexibility through schedules to accommodate project-specific requirements. This contract type is particularly valuable when the principal seeks to transfer design risk and ensure long-term asset performance through a single point of responsibility.
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1. Parties: Identifies and details the contracting parties - typically the Principal/Owner and the Contractor
2. Background: Sets out the context and purpose of the agreement, including project overview
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the contract
4. Contract Formation and Documents: Lists contract documents and their order of precedence
5. General Obligations: Outlines fundamental obligations of each party
6. Design Obligations: Details the design requirements, standards, and approval processes
7. Construction Obligations: Specifies construction requirements, methods, and standards
8. Maintenance Services: Defines maintenance scope, performance standards, and service levels
9. Time and Progress: Covers program, completion dates, and delay management
10. Quality Management: Establishes quality standards, testing, and inspection requirements
11. Payment Provisions: Details payment terms, mechanisms, and procedures
12. Variations: Procedures for changes to scope, price, or time
13. Risk and Insurance: Allocates risks and specifies insurance requirements
14. Default and Termination: Defines events of default and termination procedures
15. Dispute Resolution: Establishes dispute resolution procedures
16. General Provisions: Includes standard boilerplate clauses
1. Interface Management: Required when project involves multiple contractors or stakeholders requiring coordination
2. Environmental Requirements: Detailed section needed for projects with significant environmental impacts
3. Indigenous Participation: Required for projects in areas with indigenous significance or participation requirements
4. Building Information Modeling: Include when BIM is required for the project
5. Community Engagement: Required for projects with significant community impact
6. Innovation and Intellectual Property: Include when project involves significant innovation or IP requirements
7. Security Regime: Required for high-security or critical infrastructure projects
1. Schedule 1 - Contract Particulars: Key project details, dates, and contact information
2. Schedule 2 - Scope of Works: Detailed description of all works and services
3. Schedule 3 - Design Requirements: Technical specifications and design criteria
4. Schedule 4 - Construction Requirements: Construction specifications and standards
5. Schedule 5 - Maintenance Services Requirements: Maintenance scope and performance criteria
6. Schedule 6 - Payment Schedule: Price breakdown, payment milestones, and rates
7. Schedule 7 - Key Personnel: Lists required personnel and their qualifications
8. Schedule 8 - Forms of Security: Required bonds, guarantees, and warranty forms
9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and minimum coverage
10. Schedule 10 - Quality Management Requirements: Quality assurance and control procedures
11. Schedule 11 - Program Requirements: Detailed timing requirements and milestone dates
12. Schedule 12 - Reporting Requirements: Required reports and their frequency
13. Appendix A - Site Information: Site details, conditions, and access requirements
14. Appendix B - Planning and Environmental Approvals: Relevant permits and approval documents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Infrastructure
Commercial Construction
Healthcare Facilities
Educational Facilities
Transport
Energy
Water and Wastewater
Industrial
Public Buildings
Telecommunications
Defense Facilities
Sports and Recreation
Relevant Teams
Legal
Commercial
Procurement
Project Management
Engineering
Design
Construction
Operations
Maintenance
Risk Management
Quality Assurance
Health Safety Environment
Finance
Technical Services
Relevant Roles
Project Director
Commercial Manager
Contract Manager
Project Manager
Design Manager
Construction Manager
Maintenance Manager
Legal Counsel
Risk Manager
Procurement Manager
Operations Director
Technical Director
Chief Engineer
Quality Manager
Environmental Manager
Safety Manager
Cost Manager
Financial Controller
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