The Design And Construct Contract is specifically developed for use in construction projects within the United Arab Emirates where a single contractor takes responsibility for both design and construction elements. This procurement route is particularly suitable for projects where the employer seeks single-point responsibility and early contractor involvement. The contract incorporates key requirements of UAE Federal Laws, including UAE Civil Code provisions relating to Muqawala (Construction) contracts, local building regulations, and emirate-specific requirements. It provides comprehensive coverage of design obligations, construction requirements, payment mechanisms, and risk allocation, while ensuring compliance with local legal frameworks. The document is structured to support various project types and sizes, from commercial developments to infrastructure projects, and includes necessary provisions for both design and construction phase activities.
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1. Parties: Identification and details of the Employer and the Design-Build Contractor
2. Background: Context of the project and purpose of the agreement
3. Definitions and Interpretation: Defined terms, rules of interpretation, and contract hierarchy
4. Contractor's Obligations: Core design and construction obligations, including fitness for purpose and compliance with laws
5. Design Responsibilities: Specific design obligations, standards, and approval processes
6. Construction Obligations: Construction methodology, workmanship standards, and completion requirements
7. Employer's Obligations: Site access, permits, approvals, and other employer responsibilities
8. Time for Completion: Project timeline, milestones, extensions of time, and delay damages
9. Contract Price and Payment: Price structure, payment terms, variations, and final account
10. Quality and Testing: Quality assurance, testing requirements, and acceptance procedures
11. Variations: Procedures for changes to works, pricing, and time implications
12. Defects Liability: Defects notification period, remediation obligations, and warranties
13. Insurance and Indemnities: Required insurance coverage and mutual indemnification obligations
14. Force Majeure and Prevention: Force majeure events, consequences, and prevention principles
15. Termination: Termination rights, procedures, and consequences
16. Dispute Resolution: Dispute resolution procedures, governing law, and jurisdiction
1. Performance Security: Requirements for performance bonds or guarantees, used when additional security is required
2. Advance Payment: Terms for advance payment and recovery, included when advance payment is agreed
3. Interface Management: Procedures for managing interfaces with other contractors, used on complex projects
4. Building Information Modeling (BIM): BIM requirements and protocols, included for projects using BIM
5. Sustainability Requirements: Green building and sustainability obligations, used for projects with specific environmental targets
6. Archaeological Findings: Procedures for dealing with archaeological discoveries, relevant for projects in historically significant areas
7. Intellectual Property Rights: Specific IP provisions beyond standard terms, used when innovative designs or methods are involved
8. Parent Company Guarantee: Requirements for parent company support, used when contractor's financial strength needs enhancement
9. Nominated Subcontractors: Provisions for employer-nominated subcontractors, used when specific subcontractors are required
10. Liquidated Damages for Performance: Specific performance-related damages, used when particular performance metrics are crucial
1. Schedule 1 - Employer's Requirements: Detailed technical specifications, performance requirements, and project brief
2. Schedule 2 - Site Information: Site details, surveys, geotechnical data, and existing conditions
3. Schedule 3 - Time Schedule: Detailed program, key dates, and milestone schedule
4. Schedule 4 - Payment Schedule: Payment milestones, rates, and pricing breakdown
5. Schedule 5 - Forms of Security: Templates for bonds, guarantees, and warranties
6. Schedule 6 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
7. Schedule 7 - Key Personnel: List of key personnel and their responsibilities
8. Schedule 8 - Quality Assurance Requirements: Quality management system requirements and procedures
9. Schedule 9 - Health, Safety and Environment: HSE requirements and procedures
10. Schedule 10 - Forms of Certificates: Templates for various certificates including completion certificates
11. Schedule 11 - Permits and Approvals: List of required permits and responsible parties
12. Schedule 12 - Equipment and Materials: Specifications for key equipment and materials
13. Appendix A - Drawings: Initial design drawings and specifications
14. Appendix B - Technical Submittals: Requirements for technical submissions and approval procedures
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