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Design And Build Agreement

Design And Build Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Design And Build Agreement

"I need a Design and Build Agreement for a luxury hotel development project in Dubai, UAE, with a contract value of AED 500 million and completion date of March 2025, including specific provisions for sustainable design and LEED certification requirements."

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Document background
The Design And Build Agreement is a sophisticated contractual instrument used in the United Arab Emirates for projects where a single contractor takes responsibility for both design and construction aspects. This approach differs from traditional construction contracts by consolidating what would typically be separate design and build obligations into one integrated agreement. The document is particularly relevant for complex construction projects in the UAE where streamlined project delivery and single-point responsibility are preferred. It includes comprehensive provisions for design development, construction methodology, quality standards, and risk allocation, all tailored to comply with UAE federal laws and local emirate regulations. The agreement is structured to address specific UAE market requirements, including municipality approvals, local building codes, and environmental regulations, while providing clarity on payment mechanisms, variations, and dispute resolution procedures commonly used in the region.
Suggested Sections

1. Parties: Identification of the Employer and the Design-Build Contractor, including their legal status and registered addresses

2. Background: Context of the agreement, project overview, and basis for entering into the contract

3. Definitions: Definitions and interpretation of key terms used throughout the agreement

4. Scope of Works: Detailed description of design and construction works to be performed by the Contractor

5. Contract Price and Payment: Contract sum, payment terms, milestones, and payment procedures

6. Time for Completion: Project timeline, completion dates, and provisions for extensions of time

7. Design Obligations: Contractor's design responsibilities, standards, and approval processes

8. Construction Obligations: Contractor's construction responsibilities, workmanship standards, and quality requirements

9. Employer's Obligations: Employer's responsibilities including site access, approvals, and information provision

10. Quality Assurance: Quality control procedures, testing requirements, and acceptance criteria

11. Variations: Procedures for handling changes to the works and price adjustment mechanisms

12. Testing and Completion: Testing procedures, completion certificates, and handover requirements

13. Defects Liability: Defects notification period, remediation obligations, and warranties

14. Insurance and Indemnity: Required insurance coverage and mutual indemnification provisions

15. Force Majeure: Events constituting force majeure and resulting obligations of parties

16. Suspension and Termination: Rights and procedures for suspension and termination of the contract

17. Dispute Resolution: Dispute resolution procedures, governing law, and jurisdiction

18. General Provisions: Miscellaneous legal provisions including notices, assignment, and severability

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees, used when additional financial security is required

2. Advance Payment: Terms for advance payment and recovery, included when advance payments are agreed

3. Interface Management: Procedures for managing interfaces with other contractors, used in complex projects with multiple contractors

4. Environmental Requirements: Specific environmental obligations, included for projects with significant environmental impact

5. Local Content Requirements: Obligations regarding local content and Emiratisation, used when required by authorities

6. Building Information Modeling: BIM requirements and protocols, included for projects using BIM

7. Value Engineering: Procedures for value engineering proposals, used when cost optimization is a priority

8. Utilities and Temporary Services: Responsibilities for utilities during construction, included when significant temporary services are required

Suggested Schedules

1. Schedule 1 - Employer's Requirements: Detailed technical specifications and requirements for the works

2. Schedule 2 - Contractor's Proposal: Contractor's technical and commercial proposal including design concepts

3. Schedule 3 - Price Schedule: Detailed breakdown of contract price, rates, and quantities

4. Schedule 4 - Project Timeline: Detailed program of works including key milestones and completion dates

5. Schedule 5 - Design Deliverables: List of required design submissions and approval procedures

6. Schedule 6 - Key Personnel: Details of key personnel and their roles/responsibilities

7. Schedule 7 - Forms of Certificates: Templates for various certificates including completion certificates

8. Schedule 8 - Forms of Securities: Templates for performance security and other guarantees

9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels

10. Schedule 10 - Site Information: Site data, surveys, and existing conditions information

11. Schedule 11 - Quality Assurance Plan: Detailed quality control procedures and requirements

12. Schedule 12 - Health and Safety Requirements: Health, safety, and environmental requirements and procedures

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approved Drawings
Authority
Background IP
Building Regulations
Certificate of Completion
Change Order
Commencement Date
Completion Date
Confidential Information
Construction Documents
Construction Works
Contract Price
Contractor
Contractor Equipment
Contractor Personnel
Day
Defects Liability Period
Defects Notice
Design Documents
Design Services
Dispute
Employer
Employer Requirements
Extension of Time
Final Completion Certificate
Force Majeure Event
Good Industry Practice
Governing Law
Intellectual Property Rights
Key Personnel
Material Breach
Materials
Municipality
Notice
Payment Certificate
Performance Security
Permits
Programme
Project
Project Manager
Quality Assurance Plan
Site
Specifications
Subcontractor
Taking Over Certificate
Technical Standards
Testing Plan
Time for Completion
UAE
Variation
Works
Clauses
Definitions and Interpretation
Scope of Works
Design Obligations
Construction Obligations
Contract Price
Payment Terms
Time for Completion
Extensions of Time
Variations
Quality Assurance
Testing and Inspection
Completion and Handover
Defects Liability
Warranties
Insurance
Indemnification
Force Majeure
Intellectual Property
Confidentiality
Health and Safety
Environmental Protection
Performance Security
Suspension
Termination
Dispute Resolution
Governing Law
Assignment and Subcontracting
Notices
Liability Limitations
Risk Allocation
Site Access and Conditions
Materials and Workmanship
Progress Reporting
Documentation Requirements
Permits and Approvals
Personnel Requirements
Equipment and Facilities
Interface Management
Claims Procedure
Bonds and Guarantees
Relevant Industries

Real Estate Development

Commercial Construction

Infrastructure Development

Industrial Construction

Healthcare Facilities

Education Facilities

Hospitality

Retail Development

Mixed-use Development

Transportation

Energy and Utilities

Manufacturing

Technology Parks

Sports and Entertainment Facilities

Relevant Teams

Legal

Construction

Design

Commercial

Procurement

Project Management

Risk Management

Quality Assurance

Operations

Technical

Development

Planning

Contract Administration

Finance

Relevant Roles

Project Director

Construction Manager

Design Manager

Contract Manager

Legal Counsel

Project Manager

Commercial Director

Technical Director

Chief Executive Officer

Development Director

Construction Director

Procurement Manager

Risk Manager

Quality Assurance Manager

Operations Director

Cost Controller

Design Coordinator

Planning Manager

Industries
UAE Civil Code (Federal Law No. 5 of 1985): Primary legislation governing contractual relationships, including construction contracts, obligations of contracting parties, and liability provisions
UAE Commercial Transactions Law (Federal Law No. 18 of 1993): Governs commercial transactions and business relationships between parties in construction contracts
UAE Building Codes and Regulations: Local emirate-specific building codes and regulations that set standards for design and construction works
Dubai Municipality Building Regulations (if in Dubai): Specific requirements for building design, construction permits, and technical specifications for construction in Dubai
UAE Federal Law No. 24 of 1999 (Environmental Protection): Environmental protection requirements affecting construction projects and design considerations
UAE Labor Law (Federal Law No. 8 of 1980): Regulations regarding employment of workers in construction projects and health and safety requirements
UAE Federal Law No. 4 of 2016 on Medical Liability: Professional liability provisions that may affect design professionals and consultants
Municipality Regulations on Consultant and Contractor Classification: Local regulations governing the classification and licensing of contractors and consultants
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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