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Design Build Contract
"I need a Design Build Contract for a 20-story commercial office development in Brisbane, with specific provisions for Green Star certification requirements and BIM implementation, targeting construction commencement in March 2025."
1. Parties: Identifies and provides details of the principal/owner and the design-builder
2. Background: Sets out the context of the agreement and high-level project objectives
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the contract
4. Contract Documents: Establishes hierarchy and relationship between various contract documents
5. Design-Builder's Obligations: Core obligations including design development, construction works, and fitness for purpose
6. Principal's Obligations: Access, payments, and other owner obligations
7. Time: Commencement, completion dates, programming requirements, and extension of time provisions
8. Variations: Process for changes to scope, timing, or cost
9. Payment: Payment terms, claims process, and security of payment provisions
10. Quality: Quality assurance, inspections, and defects liability
11. Work Health and Safety: Safety obligations and requirements
12. Insurance and Indemnity: Required insurances and indemnification obligations
13. Security: Bank guarantees, retention monies, and other security requirements
14. Intellectual Property: Ownership and licensing of design and project documentation
15. Default and Termination: Events of default, termination rights, and consequences
16. Dispute Resolution: Process for resolving disputes including mediation and arbitration
17. General Provisions: Standard boilerplate clauses including notices, governing law, and assignment
1. Environmental Requirements: Used when project has specific environmental obligations or risks
2. Indigenous Heritage Protection: Required for projects affecting indigenous cultural heritage sites
3. Community Engagement: Used for projects requiring significant community consultation
4. Building Information Modeling: Include when BIM is required for the project
5. Contamination: Include for brownfield sites or where contamination is a known risk
6. Interface Management: Used when coordination with other contractors or stakeholders is required
7. Performance Testing: For projects requiring specific performance or operational outcomes
8. Warranties and Guarantees: Extended warranty requirements beyond standard defects liability
9. Early Works: When certain works need to commence before full design completion
10. Staging and Separable Portions: For projects delivered in distinct stages or portions
1. Schedule 1 - Contract Particulars: Key project details, dates, and commercial terms
2. Schedule 2 - Scope of Works: Detailed description of design and construction scope
3. Schedule 3 - Principal's Project Requirements: Detailed technical and functional requirements
4. Schedule 4 - Design Documents: Initial design documents and development requirements
5. Schedule 5 - Fee Schedule: Pricing, rates, and payment milestones
6. Schedule 6 - Program: Project timeline, milestones, and key dates
7. Schedule 7 - Site Information: Site conditions, access, and related information
8. Schedule 8 - Forms of Security: Templates for bank guarantees and other security
9. Schedule 9 - Insurance Requirements: Detailed insurance obligations and minimum coverage
10. Schedule 10 - Quality Requirements: Quality standards, testing, and verification requirements
11. Appendix A - Drawing List: List of all applicable drawings and specifications
12. Appendix B - Reports and Studies: Technical reports, surveys, and investigations
Authors
Authority
Authority Approvals
Bank Guarantee
BIM Requirements
Certificate of Completion
Claim
Completion
Completion Date
Construction Plant
Contract Sum
Date for Completion
Date of Completion
Defects
Defects Liability Period
Design Documentation
Design Requirements
Design-Builder
Extension of Time
Final Certificate
Force Majeure Event
GST
Independent Certifier
Intellectual Property Rights
Latent Conditions
Legislative Requirements
Milestone
Notice
Payment Claim
Payment Schedule
Principal
Principal's Project Requirements
Program
Project
Project Site
Quality Assurance System
Reference Date
Schedule of Rates
Security
Security of Payment Act
Separable Portion
Site Conditions
Subcontractor
Substantial Breach
Superintendent
Temporary Works
Variation
WHS Laws
Work Health and Safety Management Plan
Works
Contract Formation
Design Obligations
Construction Obligations
Principal's Obligations
Site Access
Time and Programming
Extensions of Time
Delays and Disruption
Quality Management
Variations
Payment
Security of Payment
Bank Guarantees
Retention
Work Health and Safety
Environmental Protection
Intellectual Property
Professional Indemnity Insurance
Public Liability Insurance
Contract Works Insurance
Indemnities
Warranties
Defects Liability
Completion
Liquidated Damages
Force Majeure
Default
Termination
Dispute Resolution
Security
Subcontracting
Assignment and Novation
Confidentiality
Compliance with Laws
Notices
Risk Allocation
Site Conditions
Design Documentation
Quality Assurance
Testing and Commissioning
Practical Completion
Final Completion
Governing Law
Representatives
Reports and Records
Authority Approvals
Interface Management
Commercial Construction
Industrial Construction
Infrastructure
Healthcare Facilities
Educational Facilities
Residential Development
Mining
Energy and Resources
Transport
Retail
Data Centers
Sports and Recreation
Manufacturing
Legal
Commercial
Operations
Project Management
Design
Procurement
Risk and Compliance
Construction
Contract Administration
Engineering
Development
Executive Leadership
Finance
Project Director
Construction Manager
Commercial Manager
Contract Administrator
Legal Counsel
Project Manager
Design Manager
Procurement Manager
Risk Manager
General Counsel
Chief Operating Officer
Development Manager
Engineering Manager
Quantity Surveyor
Claims Manager
Technical Director
Operations Manager
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