The Design And Construct Contract is utilized for projects in India where a single contractor is responsible for both design and construction phases, offering a streamlined approach to project delivery. This contract type is particularly suitable for complex projects requiring integrated design and construction solutions, such as infrastructure developments, commercial buildings, or industrial facilities. The document incorporates essential elements of Indian contract law, construction regulations, and industry standards, while addressing specific requirements for design development, construction methodology, quality control, and project completion. It includes comprehensive provisions for risk allocation, payment structures, and dispute resolution mechanisms tailored to the Indian legal framework, making it ideal for projects where the employer seeks single-point responsibility for project delivery.
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1. Parties: Identification 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. Contractor's General Obligations: Overall scope of design and construction services
5. Design Obligations: Specific responsibilities for design development, approvals, and warranties
6. Construction Obligations: Specific responsibilities for construction works and methodology
7. Employer's Obligations: Responsibilities of the employer including site access and payments
8. Contract Price and Payment: Price structure, payment terms, and mechanisms
9. Time for Completion: Project timeline, milestones, and completion requirements
10. Variations: Procedures for handling changes to scope or specifications
11. Quality Assurance: Quality control requirements and inspection procedures
12. Testing and Completion: Testing protocols, completion certificates, and handover procedures
13. Defects Liability: Defects notification period and remediation obligations
14. Insurance and Indemnity: Required insurance coverage and indemnification provisions
15. Force Majeure: Events beyond parties' control and their consequences
16. Suspension and Termination: Rights and procedures for suspension and termination
17. Dispute Resolution: Procedures for resolving disputes including arbitration
18. Governing Law: Applicable law and jurisdiction
1. Performance Security: Required when project value exceeds certain threshold or employer requires additional security
2. Price Adjustment: For long-term projects subject to price fluctuations
3. Intellectual Property Rights: When design elements involve significant IP considerations
4. Environmental Compliance: For projects with significant environmental impact
5. Local Content Requirements: When project must meet specific local content regulations
6. Step-in Rights: For critical infrastructure projects where employer needs additional control
7. Interface Management: When project involves multiple contractors or stakeholders
8. Building Information Modeling: When BIM is required for project delivery
1. Schedule 1 - Scope of Works: Detailed description of design and construction scope
2. Schedule 2 - Employer's Requirements: Technical specifications and performance requirements
3. Schedule 3 - Time Schedule: Detailed program and milestone dates
4. Schedule 4 - Payment Schedule: Payment terms, milestones, and procedures
5. Schedule 5 - Site Details: Site information, conditions, and access details
6. Schedule 6 - Forms of Certificates: Templates for various certificates required during project
7. Schedule 7 - Forms of Securities: Templates for performance security and other guarantees
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage limits
9. Schedule 9 - Key Personnel: List of key personnel and their responsibilities
10. Schedule 10 - Quality Assurance Plan: Detailed quality control procedures and requirements
11. Appendix A - Drawings: Initial design drawings and specifications
12. Appendix B - Tests on Completion: Detailed testing requirements and acceptance criteria
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