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Design And Construct Contract for Germany

Design And Construct Contract Template for Germany

This is a comprehensive contract template governed by German law that combines design and construction responsibilities into a single agreement. It follows the principles of the German Civil Code (BGB) and incorporates relevant provisions from the VOB/B (German Construction Contract Procedures) and HOAI (Fee Structure for Architects and Engineers). The document allocates design and construction risks to the contractor, who takes responsibility for both the design development and physical execution of the works. It includes detailed provisions for quality control, timeline management, and payment structures while ensuring compliance with German building regulations and construction standards.

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Design And Construct Contract

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What is a Design And Construct Contract?

The Design And Construct Contract (Design-Build-Vertrag) is utilized when an employer wishes to engage a single contractor to take responsibility for both design and construction aspects of a project under German law. This approach differs from traditional construction contracts by combining what would typically be separate design and construction agreements into one integrated document. The contract is particularly suitable for complex projects where coordination between design and construction is crucial for project success. It incorporates requirements from the German Civil Code (BGB), VOB/B, and HOAI, while addressing specific German regulatory requirements for construction projects. The document includes comprehensive provisions for risk allocation, quality assurance, payment mechanisms, and dispute resolution, structured to comply with German legal requirements while maintaining practical functionality for project delivery.

What sections should be included in a Design And Construct Contract?

1. Parties: Identification and details of the employer and contractor, including legal form and registration details as required under German law

2. Background: Project context, purpose, and preliminary work or agreements leading to this contract

3. Definitions: Defined terms used throughout the contract, including German legal terminology where relevant

4. Scope of Work: Detailed description of design and construction services, including reference to specifications and drawings

5. Design Obligations: Contractor's design responsibilities, approval processes, and compliance with German building regulations

6. Construction Obligations: Construction methodology, standards, and requirements in accordance with VOB/B

7. Contract Price and Payment: Price structure, payment schedule, and invoicing requirements following German commercial law

8. Time for Completion: Project timeline, milestones, and completion requirements

9. Variations: Procedures for changes to design or construction work

10. Quality and Testing: Quality assurance requirements and testing procedures

11. Defects and Warranties: Defect liability period and warranty obligations under German law

12. Insurance and Security: Required insurance coverage and performance security

13. Force Majeure and Risk: Risk allocation and force majeure provisions

14. Termination: Grounds and procedures for contract termination

15. Dispute Resolution: Dispute resolution procedures under German law

16. Governing Law: Confirmation of German law application and jurisdiction

What sections are optional to include in a Design And Construct Contract?

1. Intellectual Property Rights: Specific provisions for design rights and licenses when significant IP is involved

2. Environmental Protection: Additional environmental requirements beyond standard regulations when project has specific environmental impacts

3. Archaeological Findings: Procedures for dealing with archaeological discoveries when building in historically sensitive areas

4. Concurrent Works: Coordination requirements when other contractors are working on site

5. Building Information Modeling: BIM requirements and protocols for projects using digital modeling

6. Sustainability Requirements: Specific sustainability or green building requirements beyond standard regulations

7. Site Security: Additional security requirements for sensitive or high-risk locations

8. Public Interface: Requirements for managing public relations and stakeholder communication in prominent or public-impact projects

What schedules should be included in a Design And Construct Contract?

1. Schedule 1 - Employer's Requirements: Detailed technical and functional requirements for the project

2. Schedule 2 - Site Information: Site details, surveys, and existing conditions

3. Schedule 3 - Design Documents: Initial design documents and specifications

4. Schedule 4 - Price Breakdown: Detailed breakdown of contract price and payment schedule

5. Schedule 5 - Program: Detailed project timeline and milestones

6. Schedule 6 - Key Personnel: List of key personnel from both parties and their responsibilities

7. Schedule 7 - Forms of Bonds and Guarantees: Templates for required security documents

8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage levels

9. Schedule 9 - Quality Management Plan: Quality assurance and control procedures

10. Schedule 10 - Health and Safety Requirements: Specific health and safety requirements and procedures

11. Appendix A - Drawings: Project drawings and plans

12. Appendix B - Technical Specifications: Detailed technical specifications

13. Appendix C - Permits and Approvals: Required permits and regulatory approvals

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions















































Clauses



















































Relevant Industries

Construction

Infrastructure

Real Estate

Industrial

Commercial Property

Healthcare

Education

Energy

Transportation

Manufacturing

Technology

Retail

Relevant Teams

Legal

Commercial

Procurement

Engineering

Design

Construction

Project Management

Risk and Compliance

Quality Assurance

Health and Safety

Environmental

Finance

Technical Services

Relevant Roles

Project Director

Construction Manager

Design Manager

Contract Manager

Commercial Director

Legal Counsel

Chief Engineer

Procurement Manager

Risk Manager

Technical Director

Cost Controller

Project Architect

Quality Assurance Manager

Health and Safety Manager

Environmental Compliance Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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