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Design And Construct Contract
"I need a Design and Construct Contract for a 15-story commercial building project in Brisbane with a contract value of $50M, including specific provisions for staged completion and BIM requirements, with construction scheduled to commence in March 2025."
1. Parties: Identification of the Principal and Contractor, including ABN/ACN
2. Background: Project context, purpose, and basic parameters
3. Definitions and Interpretation: Key terms, interpretation rules, and order of precedence
4. Contract Formation and Documentation: Contract documents, order of precedence, and entire agreement provisions
5. Design Obligations: Contractor's design responsibilities, standards, and approval processes
6. Construction Obligations: Construction requirements, workmanship standards, and compliance obligations
7. Time and Progress: Commencement, completion dates, programs, and extensions of time
8. Variations: Process for changes to scope, pricing, and approval mechanisms
9. Payment: Contract sum, payment claims, certificates, and payment terms
10. Quality and Defects: Quality requirements, inspection rights, and defects rectification
11. Site Access and Conditions: Site possession, conditions, and responsibilities
12. WHS and Environmental Requirements: Safety obligations and environmental compliance
13. Insurance and Indemnities: Required insurances and indemnity provisions
14. Default and Termination: Default events, remedies, and termination rights
15. Dispute Resolution: Process for resolving disputes including mediation and arbitration
16. General Provisions: Standard boilerplate clauses including notices and governing law
1. Staging and Milestone Requirements: Used for projects with distinct stages or milestone completions
2. Liquidated Damages: Include when specific damages for delay or performance failures are quantifiable
3. Performance Security: Required for projects needing bank guarantees or other security forms
4. Interface Management: Necessary when coordinating with other contractors or stakeholders
5. Value Engineering: Include for projects where cost optimization opportunities are encouraged
6. Building Information Modeling (BIM): Required for projects using BIM technology
7. Intellectual Property Rights: Detailed IP provisions for projects with significant design elements
8. Community and Stakeholder Management: Important for projects with significant public interface
9. Provisional Sums: Include when certain works cannot be precisely scoped or priced
10. Early Works: Used when certain works need to commence before full contract execution
1. Schedule 1 - Contract Particulars: Key project details, dates, amounts, and contact information
2. Schedule 2 - Scope of Works: Detailed description of design and construction scope
3. Schedule 3 - Principal's Project Requirements: Technical specifications and performance requirements
4. Schedule 4 - Design Documents: Initial design documents and development requirements
5. Schedule 5 - Fee Schedule: Pricing breakdown, rates, and payment milestones
6. Schedule 6 - Program: Project timeline, milestones, and critical dates
7. Schedule 7 - Quality Management Requirements: Quality systems, testing, and validation requirements
8. Schedule 8 - Site Requirements: Site-specific conditions, access requirements, and restrictions
9. Schedule 9 - Forms of Security: Templates for bank guarantees and other security forms
10. Schedule 10 - Insurance Requirements: Detailed insurance specifications and certificates
11. Appendix A - Site Plans and Drawings: Site layouts, boundaries, and existing conditions
12. Appendix B - Authority Requirements: Permits, approvals, and compliance requirements
13. Appendix C - Environmental Requirements: Environmental management and compliance details
Authors
Approval
Authority
Bank Guarantee
Base Date
Business Day
Certificate of Practical Completion
Claim
Completion Date
Construction Plant
Contract
Contract Documents
Contract Sum
Contractor
Contractor's Design Documents
Contractor's Personnel
Date for Practical Completion
Date of Practical Completion
Defects
Defects Liability Period
Design Documents
Direction
EOT (Extension of Time)
Environmental Law
Environmental Requirements
Expert Determination
Final Certificate
Final Completion
Force Majeure Event
GST
Intellectual Property Rights
Latent Conditions
Laws
Liquidated Damages
Material
Milestone
Notice
Notice of Dispute
Payment Claim
Payment Schedule
Performance Security
Practical Completion
Principal
Principal's Project Requirements
Program
Project
Provisional Sum
Quality Assurance System
Reference Date
Security of Payment Act
Separable Portion
Site
Specification
Subcontractor
Superintendent
Temporary Works
Variation
WHS Laws
Work Under the Contract
Works
Construction Obligations
Time and Programming
Extensions of Time
Payment
Variations
Site Access and Conditions
Quality Assurance
Defects
Work Health and Safety
Environmental Compliance
Intellectual Property
Insurance
Security
Indemnities
Default and Termination
Force Majeure
Dispute Resolution
Confidentiality
Assignment and Subcontracting
Warranties
Compliance with Laws
Personnel and Labor
Materials and Workmanship
Testing and Commissioning
Practical Completion
Defects Liability
Security of Payment
Documentation Requirements
Risk Allocation
Interface Management
Reporting Requirements
Superintendent Powers
Latent Conditions
Project Management
Performance Guarantees
Liquidated Damages
General Provisions
Governing Law
Notices
Commercial Construction
Infrastructure Development
Residential Development
Industrial Construction
Healthcare Construction
Education Facilities
Transport Infrastructure
Energy and Resources
Government Infrastructure
Retail Development
Legal
Commercial
Operations
Construction
Design
Procurement
Risk and Compliance
Project Management
Business Development
Executive Leadership
Finance
Technical Services
Project Director
Construction Manager
Contract Administrator
Commercial Manager
Legal Counsel
Project Manager
Design Manager
Quantity Surveyor
Risk Manager
Procurement Manager
Technical Director
Operations Director
Chief Executive Officer
Development Manager
Construction Lawyer
Bid Manager
Estimating Manager
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