The Design And Build Agreement is utilized in construction projects where a single contractor is responsible for both design and construction phases, streamlining project delivery and reducing coordination risks. This contract type is particularly relevant in the Indian construction sector, where integrated project delivery methods are increasingly favored. The agreement addresses specific Indian legal requirements, including compliance with the Indian Contract Act, RERA regulations, and state-specific building codes. It typically includes comprehensive provisions for design development, construction methodology, quality control, payment mechanisms, and dispute resolution tailored to the Indian legal system. The document is structured to protect both employer and contractor interests while ensuring clarity in risk allocation and project execution responsibilities.
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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: Definitions of key terms and interpretation rules
4. Scope of Work: Detailed description of design and construction obligations
5. Contract Documents: Hierarchy and list of contract documents
6. Designer's Obligations: Specific responsibilities related to design services
7. Contractor's Obligations: Construction and general obligations of the contractor
8. Employer's Obligations: Responsibilities of the employer including site access and permits
9. Contract Price and Payment: Price, payment terms, and mechanisms
10. Time for Completion: Project schedule, milestones, and completion dates
11. Design Development and Approval: Process for design submission, review, and approval
12. Quality Assurance and Control: Quality standards, testing, and inspection requirements
13. Variations: Procedures for changes to scope or specifications
14. Risk and Insurance: Risk allocation and required insurance coverage
15. Defects Liability: Defect correction period and obligations
16. Force Majeure: Force majeure events and consequences
17. Suspension and Termination: Rights and procedures for suspension and termination
18. Dispute Resolution: Dispute resolution procedures including arbitration
19. Governing Law and Jurisdiction: Applicable law and jurisdiction provisions
1. Performance Security: Requirements for performance bonds or guarantees, used for high-value projects
2. Intellectual Property Rights: IP ownership and licensing provisions, important for projects with significant design innovation
3. Environmental Compliance: Specific environmental obligations, necessary for environmentally sensitive projects
4. Site Security: Security requirements for high-risk or sensitive locations
5. Technology Transfer: Provisions for technology transfer, relevant for projects involving new technologies
6. Local Content Requirements: Local sourcing obligations, important for government projects
7. Step-in Rights: Employer's right to step in, relevant for critical infrastructure projects
8. Commissioning and Testing: Detailed commissioning procedures, important for complex facilities
1. Schedule 1 - Scope of Works: Detailed technical specifications and scope description
2. Schedule 2 - Project Schedule: Detailed timeline, milestones, and completion dates
3. Schedule 3 - Payment Schedule: Detailed payment terms, milestones, and amounts
4. Schedule 4 - Design Criteria: Technical design requirements and standards
5. Schedule 5 - Site Details: Site information, surveys, and existing conditions
6. Schedule 6 - Forms of Certificates: Templates for various certificates including completion certificates
7. Schedule 7 - Testing and Commissioning: Testing requirements and acceptance criteria
8. Schedule 8 - Insurance Requirements: Detailed insurance obligations and coverage requirements
9. Schedule 9 - Performance Standards: Performance specifications and acceptance criteria
10. Schedule 10 - Forms of Bonds and Guarantees: Templates for required bonds and guarantees
11. Appendix A - Drawing List: List of all drawings and specifications
12. Appendix B - Permits and Approvals: List of required permits and responsible parties
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