The Design And Build Agreement is a crucial contract type in the Nigerian construction industry, used when project owners seek to streamline project delivery by combining design and construction responsibilities under a single contractor. This approach differs from traditional contracting methods where design and construction are separately procured. The agreement is particularly relevant for complex projects requiring close coordination between design and construction phases, and includes provisions compliant with Nigerian legislation including the Public Procurement Act, National Building Code, and Environmental Protection regulations. It details scope, pricing, timelines, quality requirements, and risk allocation while incorporating local content requirements and industry standards. The document is structured to protect both employer and contractor interests while ensuring efficient project delivery within the Nigerian legal framework.
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1. Parties: Identification and details of the Employer and the Design-Build Contractor
2. Background: Context of the project and the basis for entering into the agreement
3. Definitions: Definitions and interpretation of key terms used throughout the agreement
4. Scope of Work: Detailed description of design and construction services to be provided
5. Contract Documents: Hierarchy and interpretation of contract documents
6. Design Obligations: Contractor's responsibilities for design, including compliance with standards and codes
7. Construction Obligations: Contractor's responsibilities for construction works and methodologies
8. Employer's Obligations: Responsibilities of the Employer, including site access and approvals
9. Time for Completion: Project timeline, milestones, and completion dates
10. Contract Price and Payment: Pricing structure, payment terms, and mechanisms
11. Variations: Procedures for changes to scope, time, or price
12. Quality and Testing: Quality control requirements and testing procedures
13. Defects Liability: Contractor's obligations regarding defects and remedial work
14. Insurance and Securities: Required insurance coverage and performance securities
15. Force Majeure: Events beyond parties' control and their consequences
16. Termination: Grounds and procedures for contract termination
17. Dispute Resolution: Procedures for resolving disputes under Nigerian law
18. Governing Law: Confirmation of Nigerian law as governing law and jurisdiction
1. Environmental Protection: Additional environmental obligations when project has significant environmental impact
2. Local Content: Requirements for local resource utilization when project falls under Nigerian Content Development Act
3. Interface Management: Procedures for managing interfaces with other contractors when multiple contractors are involved
4. Technology Transfer: Obligations regarding technology transfer when required by government contracts
5. Community Relations: Requirements for community engagement when project impacts local communities
6. Advance Payment: Terms for advance payment when agreed between parties
7. Performance Incentives: Bonus mechanisms when early completion or performance targets are desired
1. Schedule 1 - Employer's Requirements: Detailed technical specifications and requirements
2. Schedule 2 - Site Information: Site details, surveys, and existing conditions
3. Schedule 3 - Time Schedule: Detailed program of works and milestones
4. Schedule 4 - Payment Schedule: Payment breakdown and milestone payment details
5. Schedule 5 - Key Personnel: List of key personnel and their roles
6. Schedule 6 - Forms of Securities: Templates for performance bond and other securities
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and coverage levels
8. Schedule 8 - Testing and Commissioning: Testing procedures and acceptance criteria
9. Schedule 9 - Forms of Certificates: Templates for completion and acceptance certificates
10. Appendix A - Drawings: Initial design drawings and specifications
11. Appendix B - Equipment List: List of major equipment and materials
12. Appendix C - Permits and Approvals: List of required permits and responsible parties
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