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Design And Construct Contract
"I need a Design and Construct Contract for a new commercial office complex in Rotterdam, with construction starting March 2025 and completion required within 18 months; the contract must include specific provisions for phased delivery and BIM implementation."
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
Applicable Laws
Approved Design
Architect
As-Built Documents
Background IP
Best Industry Practice
BIM Protocol
Building Permit
Change Order
Commencement Date
Completion Date
Confidential Information
Construction Documents
Construction Period
Contract
Contract Documents
Contract Price
Contractor
Contractor's Documents
Contractor's Equipment
Contractor's Personnel
Contractor's Representative
Defect
Defects Liability Period
Delay Damages
Design Documents
Design Review Period
Dispute
Drawings
Employer
Employer's Requirements
Employer's Representative
Environmental Requirements
Extension of Time
Final Completion
Force Majeure
Good Industry Practice
Governing Law
Handover
Intellectual Property Rights
Key Personnel
Milestone
Notice
Notice to Proceed
Payment Certificate
Performance Security
Permits
Programme
Project
Project Manager
Quality Assurance Plan
Quality Standards
Risk Register
Schedule of Payments
Site
Specifications
Subcontractor
Substantial Completion
Taking-Over Certificate
Technical Requirements
Testing Plan
Time for Completion
Variation
Works
Working Day
Contract Documents
Design Obligations
Construction Obligations
Time and Programme
Testing and Commissioning
Variations
Payment
Quality Assurance
Health and Safety
Environmental Protection
Risk Allocation
Insurance
Force Majeure
Suspension
Termination
Defects Liability
Intellectual Property
Confidentiality
Dispute Resolution
Assignment and Subcontracting
Warranties
Bonds and Guarantees
Indemnification
Limitation of Liability
Site Access and Conditions
Materials and Workmanship
Compliance with Laws
Permits and Licenses
Progress Reporting
Documentation Requirements
Personnel Requirements
Interface Management
Handover and Completion
Records and Audit
Construction
Infrastructure
Real Estate Development
Industrial Construction
Commercial Buildings
Healthcare Facilities
Educational Facilities
Transportation
Energy
Water Management
Public Works
Residential Development
Legal
Commercial
Construction
Design
Procurement
Risk Management
Quality Assurance
Project Management
Contract Administration
Technical Services
Development
Planning
Health Safety and Environment
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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