The Design Build Contract is a sophisticated legal instrument used in construction projects where a single contractor takes responsibility for both design and construction phases. This integrated approach, particularly tailored to the Dutch legal system, offers advantages in project coordination and risk management. The document incorporates essential elements of Dutch construction law, including provisions from the Burgerlijk Wetboek (Dutch Civil Code) and industry-standard UAV-GC conditions. It is typically used for complex construction projects where streamlined project delivery and clear accountability are priorities. The contract includes comprehensive provisions for design development, construction methodology, quality control, payment mechanisms, and dispute resolution, all aligned with Dutch regulatory requirements and industry practices.
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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: Definitions of key terms used throughout the contract
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 design responsibilities, standards, and approval processes
7. Construction Obligations: Contractor's construction responsibilities and quality standards
8. Time for Completion: Project timeline, milestones, and completion dates
9. Contract Price and Payment: Price, payment terms, and payment schedule
10. Variations: Procedures for handling changes to scope, design, or construction
11. Testing and Completion: Testing requirements, completion certificates, and handover procedures
12. Defects Liability: Defects notification period and remediation obligations
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: Procedures for resolving disputes
17. Governing Law: Confirmation of Dutch law application and jurisdiction
1. Building Information Modeling (BIM): Include when BIM is required for the project, specifying protocols and responsibilities
2. Sustainability Requirements: Include for projects with specific environmental or sustainability targets
3. Archaeological Findings: Include for projects in areas with potential archaeological significance
4. Intellectual Property Rights: Include when specific IP arrangements are needed for design elements
5. Performance Guarantees: Include when specific performance metrics must be achieved
6. Interface Management: Include when coordination with other contractors or stakeholders is required
7. Value Engineering: Include when there's potential for cost optimization during design phase
8. Commissioning: Include for complex facilities requiring detailed commissioning procedures
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 - Program: Detailed project timeline and milestones
5. Schedule 5 - Price and Payment Schedule: Detailed breakdown of contract price and payment terms
6. Schedule 6 - Key Personnel: List of key personnel from both parties and their roles
7. Schedule 7 - Forms of Certificates: Templates for various certificates required during the project
8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage levels
9. Schedule 9 - Performance Specifications: Technical performance requirements and standards
10. Schedule 10 - Quality Management Plan: Quality assurance and control procedures
11. Appendix A - Permits and Approvals: List of required permits and responsible parties
12. Appendix B - Testing and Commissioning Procedures: Detailed testing and commissioning requirements
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