This Design And Construct Contract is intended for use in the Netherlands when a client (Employer) wishes to engage a single contractor to take responsibility for both design and construction aspects of a project. The document is structured according to Dutch legal requirements and construction practices, incorporating relevant provisions from the Burgerlijk Wetboek and associated construction regulations. It is particularly suitable for complex projects where integrated design and construction responsibility is desired, offering streamlined project delivery and single-point responsibility. The contract includes comprehensive provisions for risk allocation, quality control, payment mechanisms, and dispute resolution, while ensuring compliance with Dutch building regulations and environmental requirements. It can be adapted for various project scales and sectors, from commercial buildings to infrastructure developments.
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1. Parties: Identification and details of the Employer and the Contractor
2. Background: Context of the project and purpose of the agreement
3. Definitions: Definitions and interpretation of key terms used in the contract
4. Contractor's Obligations: Primary obligations including design, construction, testing, and completion responsibilities
5. Employer's Obligations: Key responsibilities of the Employer including site access, permits, and information provision
6. Design Responsibilities: Detailed provisions regarding design development, approval process, and liability
7. Time for Completion: Project timeline, milestones, and completion requirements
8. Contract Price and Payment: Price structure, payment terms, variations, and financial arrangements
9. Variations: Procedures for handling changes to scope, design, or works
10. Quality and Testing: Quality standards, inspection procedures, and testing requirements
11. Risk and Insurance: Risk allocation, required insurance coverage, and liability provisions
12. Force Majeure: Definition and consequences of force majeure events
13. Termination: Grounds and procedures for contract termination
14. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration
15. Governing Law: Confirmation of Dutch law application and jurisdiction
1. Performance Security: Requirements for bank guarantees or performance bonds, used for larger projects
2. Environmental Requirements: Specific environmental obligations, included when project has significant environmental impact
3. Intellectual Property Rights: IP provisions when design elements involve significant intellectual property
4. Commissioning: Detailed commissioning procedures for projects with complex operational requirements
5. Interface Management: Procedures for managing interfaces with other contractors, used in complex projects
6. Value Engineering: Provisions for cost optimization and improvement proposals
7. Defects Liability Period: Extended warranty provisions beyond standard requirements
8. Step-in Rights: Employer's right to take over work in specific circumstances, used in critical projects
9. Building Information Modeling: BIM requirements and protocols when BIM is used in the project
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 - Time Schedule: Detailed program of works including key dates and milestones
4. Schedule 4 - Payment Schedule: Breakdown of contract price and payment milestones
5. Schedule 5 - Design Submittal Schedule: List of design deliverables and submission timeline
6. Schedule 6 - Testing and Commissioning: Detailed testing and commissioning requirements
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 - Health, Safety and Environment: HSE requirements and procedures
10. Schedule 10 - Quality Assurance Plan: Quality management requirements and procedures
11. Appendix A - Drawings: Initial design drawings and specifications
12. Appendix B - Permits and Licenses: List of required permits and responsibilities
13. Appendix C - Key Personnel: List of key personnel from both parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Infrastructure
Real Estate Development
Industrial Construction
Commercial Buildings
Healthcare Facilities
Educational Facilities
Transportation
Energy
Water Management
Public Works
Residential Development
Relevant Teams
Legal
Commercial
Construction
Design
Procurement
Risk Management
Quality Assurance
Project Management
Contract Administration
Technical Services
Development
Planning
Health Safety and Environment
Relevant Roles
Project Manager
Construction Manager
Contract Manager
Legal Counsel
Commercial Manager
Design Manager
Site Manager
Procurement Manager
Risk Manager
Quality Assurance Manager
Technical Director
Development Director
Chief Engineer
Architect
Quantity Surveyor
Cost Controller
Planning Engineer
HSE Manager
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