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Design Build Maintain Contract

Design Build Maintain Contract Template for India

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Key Requirements PROMPT example:

Design Build Maintain Contract

"I need a Design Build Maintain Contract for a new data center facility in Bangalore, with construction starting March 2025, including specific provisions for maintaining critical cooling systems and power infrastructure for a 10-year maintenance period."

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Document background
The Design Build Maintain Contract is a sophisticated project delivery mechanism used for complex infrastructure and construction projects in India. It combines what traditionally would be three separate contracts into one comprehensive agreement, streamlining project execution and ensuring single-point responsibility. This contract type is particularly suitable for large-scale projects where long-term performance and maintenance are crucial to project success. The document addresses all aspects of Indian regulatory compliance, including construction laws, environmental regulations, and labor requirements. It includes detailed provisions for design approval, construction supervision, quality control, testing and commissioning, and ongoing maintenance obligations. The integration of maintenance obligations with design and construction responsibilities encourages contractors to consider whole-life costs and operational efficiency during the design and construction phases.
Suggested Sections

1. Parties: Identification of the parties entering into the contract, including employer and contractor

2. Background: Context of the project, including purpose and high-level objectives

3. Definitions and Interpretation: Key terms used throughout the contract and rules of interpretation

4. Scope of Work: Detailed description of design, construction, and maintenance obligations

5. Contract Documents: Hierarchy and list of documents forming part of the contract

6. Contractor's Obligations: General and specific obligations across all three phases

7. Employer's Obligations: Responsibilities of the employer including site access, approvals, and payments

8. Design Phase Requirements: Specific requirements for design development, approvals, and standards

9. Construction Phase Requirements: Construction methodology, quality standards, and execution requirements

10. Maintenance Phase Requirements: Maintenance scope, service levels, and performance standards

11. Time for Completion: Project schedule, milestones, and completion requirements for each phase

12. Contract Price and Payment: Pricing structure, payment terms, and mechanisms for each phase

13. Changes and Variations: Procedures for handling changes to scope, design, or requirements

14. Quality Assurance: Quality control requirements and inspection procedures

15. Testing and Commissioning: Requirements for testing, commissioning, and acceptance

16. Defects Liability: Defect identification and rectification obligations

17. Insurance and Indemnities: Required insurance coverage and indemnification provisions

18. Force Majeure: Events constituting force majeure and consequent rights and obligations

19. Suspension and Termination: Grounds and procedures for suspension and termination

20. Dispute Resolution: Mechanisms for resolving disputes including arbitration procedures

21. Governing Law: Applicable law and jurisdiction

Optional Sections

1. Performance Security: Requirements for performance bonds or guarantees - include if project value exceeds certain threshold

2. Interface Management: Required when multiple contractors or stakeholders are involved in the project

3. Environmental Management: Include for projects with significant environmental impact

4. Social Impact Management: Required for projects affecting local communities or requiring rehabilitation

5. Technology Transfer: Include when specific technology transfer requirements exist

6. Local Content Requirements: Include when local content or procurement requirements apply

7. Step-in Rights: Include for critical infrastructure projects

8. Intellectual Property Rights: Include when design or technology innovations are involved

9. Training Requirements: Include when operator training is required for maintenance phase

10. Handback Requirements: Include for projects with defined concession period

Suggested Schedules

1. Schedule 1 - Scope of Work: Detailed technical specifications and requirements

2. Schedule 2 - Site Details: Site information, surveys, and existing conditions

3. Schedule 3 - Design Requirements: Detailed design criteria and standards

4. Schedule 4 - Construction Requirements: Specific construction specifications and standards

5. Schedule 5 - Maintenance Requirements: Detailed maintenance scope and service levels

6. Schedule 6 - Testing and Commissioning Procedures: Detailed testing and acceptance criteria

7. Schedule 7 - Payment Schedule: Milestone payments and payment mechanisms

8. Schedule 8 - Performance Security Forms: Forms of various required guarantees and bonds

9. Schedule 9 - Key Personnel: Required key personnel and their qualifications

10. Schedule 10 - Quality Assurance Requirements: Detailed quality control procedures

11. Schedule 11 - Forms and Procedures: Standard forms for notices, certificates, etc.

12. Schedule 12 - Insurance Requirements: Detailed insurance coverage requirements

13. Appendix A - Time Schedule: Detailed project timeline and milestones

14. Appendix B - Performance Standards: Measurable performance criteria for each phase

15. Appendix C - Environmental Management Plan: Environmental compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

































































Clauses












































Relevant Industries

Infrastructure

Commercial Real Estate

Industrial Construction

Healthcare Facilities

Educational Institutions

Transportation

Energy and Power

Water and Wastewater

Smart Cities

Data Centers

Hospitality

Sports Facilities

Relevant Teams

Legal

Project Management

Engineering

Construction

Design

Procurement

Finance

Operations

Quality Assurance

Risk Management

Facilities Management

Health Safety and Environment

Contract Administration

Relevant Roles

Project Director

Construction Manager

Design Manager

Maintenance Manager

Contract Administrator

Legal Counsel

Project Engineer

Quality Assurance Manager

Procurement Manager

Risk Manager

Financial Controller

Technical Director

Operations Manager

Facility Manager

Health and Safety Manager

Environmental Compliance Officer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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