This Design Build Contract template is specifically structured for use in German construction projects where a single contractor takes responsibility for both design and construction elements. It incorporates essential requirements from German construction law, including the BGB (German Civil Code) and VOB/B (German Construction Contract Procedures), making it suitable for various scales of construction projects. The document is particularly valuable for projects requiring streamlined project delivery and single-point responsibility, from commercial developments to infrastructure projects. It includes comprehensive provisions for design development, construction execution, quality control, and risk allocation, while ensuring compliance with German building regulations and construction standards. This template is especially useful when employers seek to transfer design responsibility and construction risk to a single contractor while maintaining control over key project parameters.
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1. Parties: Identification of the Employer and the Design-Build Contractor, including their legal details and representatives
2. Background: Context of the project, including site details and project objectives
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including German legal terms
4. Scope of Work: Detailed description of design and construction obligations, including design development stages and construction requirements
5. Contract Documents: Hierarchy and interpretation of contract documents, including drawings, specifications, and VOB/B incorporation
6. Design Obligations: Contractor's design responsibilities, approval processes, and compliance with German building regulations
7. Construction Obligations: Construction methodology, quality requirements, and compliance with German construction standards
8. Time and Programme: Project timeline, completion dates, and delay consequences
9. Price and Payment: Contract price, payment schedule, and invoicing requirements under German law
10. Variations: Procedures for changes to design or construction work
11. Testing and Completion: Inspection procedures, acceptance testing, and completion requirements
12. Defects Liability: Warranty periods and defect remediation procedures
13. Risk and Insurance: Risk allocation and required insurance coverage
14. Force Majeure: Definition and consequences of force majeure events
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Dispute resolution procedures under German law
17. Governing Law: Confirmation of German law application and jurisdiction
1. Building Information Modeling (BIM): Specific provisions for BIM implementation when the project uses BIM
2. Environmental Requirements: Additional environmental obligations beyond statutory requirements
3. Financing Arrangements: Specific provisions when project financing is relevant
4. Intellectual Property Rights: Detailed IP provisions when design elements have significant IP implications
5. Performance Guarantees: Specific performance metrics and guarantees for complex technical installations
6. Value Engineering: Procedures for cost optimization when specifically required
7. Public Law Requirements: Additional provisions for projects subject to public procurement
8. Subcontracting: Detailed subcontracting provisions for large projects
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 - Design Documents: Initial design documents and development requirements
4. Schedule 4 - Price Breakdown: Detailed price breakdown and payment schedule
5. Schedule 5 - Programme: Detailed project timeline and milestones
6. Schedule 6 - Key Personnel: List of key personnel from both parties
7. Schedule 7 - Forms of Bonds and Guarantees: Templates for required bonds and guarantees
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage limits
9. Schedule 9 - Quality Assurance Plan: Quality management procedures and requirements
10. Schedule 10 - Permits and Approvals: List of required permits and responsible parties
11. Appendix A - VOB/B: Full text of incorporated VOB/B provisions
12. Appendix B - Testing and Commissioning Procedures: Detailed testing and commissioning requirements
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