The Design And Build Proposal is a crucial document in the Indian construction industry where a single contractor takes responsibility for both design and construction aspects of a project. This integrated approach has gained popularity due to its efficiency in project delivery and single-point responsibility. The document is typically used when clients seek a turnkey solution and want to transfer design and construction risks to a single entity. It includes detailed technical specifications, commercial terms, project execution methodology, and compliance requirements with Indian regulations. The proposal should align with various Indian laws including the Indian Contract Act, Real Estate (Regulation and Development) Act, and relevant building codes. It serves as the foundation for subsequent contract negotiations and project execution planning.
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1. Parties: Identification and details of the employer/client and the design-build contractor
2. Background: Context of the project and the basis for entering into the agreement
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the document
4. Scope of Work: Detailed description of design and construction services to be provided
5. Contract Price and Payment Terms: Price, payment schedule, milestones, and payment conditions
6. Design Responsibilities: Contractor's obligations for design development, approvals, and warranties
7. Construction Obligations: Contractor's responsibilities for construction, materials, and workmanship
8. Project Timeline: Construction schedule, milestones, and completion dates
9. Quality Standards and Compliance: Required quality standards, inspections, and regulatory compliance
10. Testing and Commissioning: Requirements for testing, commissioning, and handover
11. Warranties and Defects Liability: Warranty terms and obligations for rectifying defects
12. Insurance and Indemnities: Required insurance coverage and indemnification obligations
13. Force Majeure: Provisions for handling unforeseen circumstances and their consequences
14. Termination: Grounds and procedures for contract termination
15. Dispute Resolution: Procedures for resolving disputes including arbitration provisions
1. Environmental Compliance: Specific environmental obligations and compliance requirements - include for projects with significant environmental impact
2. Health and Safety Requirements: Detailed health and safety obligations - include for large construction projects
3. Value Engineering: Provisions for cost optimization and alternative solutions - include for complex projects
4. Performance Security: Requirements for performance bonds or guarantees - include for high-value projects
5. Intellectual Property Rights: Specific provisions for design ownership and usage rights - include when unique designs are involved
6. Local Content Requirements: Obligations for using local materials/labor - include if required by local regulations
7. Site Security: Specific security requirements - include for sensitive locations or high-risk areas
8. Technology Transfer: Provisions for knowledge transfer - include when specialized technology is involved
1. Schedule 1 - Scope of Works: Detailed technical specifications and scope breakdown
2. Schedule 2 - Project Timeline: Detailed program of works with milestones
3. Schedule 3 - Payment Schedule: Detailed breakdown of payments and milestone linkages
4. Schedule 4 - Site Information: Site details, surveys, and existing conditions
5. Schedule 5 - Design Criteria: Performance specifications and design requirements
6. Schedule 6 - Testing Requirements: Detailed testing and commissioning procedures
7. Schedule 7 - Key Personnel: List of key personnel and their responsibilities
8. Schedule 8 - Forms of Certificates: Templates for various certificates and notices
9. Appendix A - Drawings: Preliminary drawings and design documents
10. Appendix B - Permits and Approvals: List of required permits and responsibilities
11. Appendix C - Equipment and Materials: Specifications for major equipment and materials
Relevant legal definitions
Clauses
Relevant Industries
Real Estate Development
Commercial Construction
Industrial Construction
Infrastructure Development
Healthcare Facilities
Educational Institutions
Hospitality
Data Centers
Manufacturing Facilities
Retail Development
Residential Development
Mixed-Use Development
Relevant Teams
Legal
Commercial
Design
Engineering
Construction
Procurement
Project Controls
Quality Assurance
Business Development
Risk Management
Technical
Operations
Relevant Roles
Project Director
Construction Manager
Design Manager
Chief Architect
Structural Engineer
MEP Coordinator
Commercial Manager
Contract Manager
Procurement Manager
Cost Controller
Quality Assurance Manager
Technical Director
Bid Manager
Business Development Manager
Risk Manager
Legal Counsel
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