The Design And Build Agreement is a specialized construction contract used when an employer wishes to transfer both design and construction responsibility to a single contractor. This approach is particularly common in German construction projects where streamlined project delivery and clear risk allocation are priorities. The agreement, governed by German law including the BGB and VOB/B, provides a comprehensive framework for managing complex construction projects, defining responsibilities for design development, construction execution, quality standards, and project completion. It is especially suitable for projects where the employer wants to minimize coordination risk between design and construction phases, and where early contractor involvement can bring value to the design process. The document includes detailed provisions for pricing, variations, quality control, and dispute resolution, all aligned with German legal requirements and construction industry practices.
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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 of the parties' relationship
3. Definitions and Interpretation: Definitions of key terms and principles of interpretation of the agreement
4. Scope of Works: Detailed description of both design and construction obligations, including project objectives and requirements
5. Contract Documents: Hierarchy and precedence of contract documents, including employer's requirements and contractor's proposals
6. Design Obligations: Contractor's design responsibilities, design development process, and approval requirements
7. Construction Obligations: Construction methodology, standards, and specific requirements for the works
8. Time and Programme: Project timeline, milestones, completion dates, and delay provisions
9. Price and Payment: Contract price, payment schedule, variations, and payment procedures
10. Quality and Compliance: Quality standards, testing requirements, and compliance with regulations
11. Risk and Insurance: Risk allocation, required insurance coverage, and liability provisions
12. Variations: Procedures for handling changes to the works and their impact on time and cost
13. Testing and Completion: Completion criteria, testing procedures, and handover requirements
14. Defects Liability: Defects notification period, remediation obligations, and warranties
15. Termination: Grounds and procedures for contract termination by either party
16. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration provisions
17. Governing Law: Confirmation of German law as governing law and jurisdiction
1. Performance Security: Requirements for performance bonds or guarantees - include when project value exceeds certain thresholds
2. Environmental Requirements: Specific environmental obligations - include for projects with significant environmental impact
3. Site Conditions: Provisions regarding site access and ground conditions - include when site has specific challenges or restrictions
4. Intellectual Property: IP rights and licenses - include when design elements have significant IP implications
5. Force Majeure: Force majeure events and consequences - while common, can be optional for smaller projects
6. Parent Company Guarantee: Parent company support requirements - include when contractor's financial strength needs reinforcement
7. Subcontracting: Subcontracting requirements and restrictions - include for larger projects with significant subcontracted elements
8. Building Information Modeling: BIM requirements and protocols - include when BIM is required for the project
1. Schedule 1 - Employer's Requirements: Detailed technical and functional requirements for the project
2. Schedule 2 - Contractor's Proposals: Contractor's technical solutions and methodologies
3. Schedule 3 - Price and Payment Schedule: Detailed breakdown of contract price and payment milestones
4. Schedule 4 - Programme: Detailed project timeline and milestones
5. Schedule 5 - Site Information: Site details, surveys, and existing conditions
6. Schedule 6 - Design Documents: Initial design documents and development requirements
7. Schedule 7 - Forms of Certificates: Templates for various project certificates
8. Schedule 8 - Forms of Bonds and Guarantees: Required forms of security documents
9. Schedule 9 - Insurance Requirements: Detailed insurance specifications and requirements
10. Schedule 10 - Key Personnel: List of key personnel from both parties and their roles
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