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Design And Construct Contract Template for Netherlands

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Key Requirements PROMPT example:

Design And Construct Contract

"I need a Design and Construct Contract for a new commercial office complex in Rotterdam, with construction starting March 2025 and completion required within 18 months; the contract must include specific provisions for phased delivery and BIM implementation."

Document background
This Design And Construct Contract is intended for use in the Netherlands when a client (Employer) wishes to engage a single contractor to take responsibility for both design and construction aspects of a project. The document is structured according to Dutch legal requirements and construction practices, incorporating relevant provisions from the Burgerlijk Wetboek and associated construction regulations. It is particularly suitable for complex projects where integrated design and construction responsibility is desired, offering streamlined project delivery and single-point responsibility. The contract includes comprehensive provisions for risk allocation, quality control, payment mechanisms, and dispute resolution, while ensuring compliance with Dutch building regulations and environmental requirements. It can be adapted for various project scales and sectors, from commercial buildings to infrastructure developments.
Suggested Sections

1. Parties: Identification and details of the Employer and the Contractor

2. Background: Context of the project and purpose of the agreement

3. Definitions: Definitions and interpretation of key terms used in the contract

4. Contractor's Obligations: Primary obligations including design, construction, testing, and completion responsibilities

5. Employer's Obligations: Key responsibilities of the Employer including site access, permits, and information provision

6. Design Responsibilities: Detailed provisions regarding design development, approval process, and liability

7. Time for Completion: Project timeline, milestones, and completion requirements

8. Contract Price and Payment: Price structure, payment terms, variations, and financial arrangements

9. Variations: Procedures for handling changes to scope, design, or works

10. Quality and Testing: Quality standards, inspection procedures, and testing requirements

11. Risk and Insurance: Risk allocation, required insurance coverage, and liability provisions

12. Force Majeure: Definition and consequences of force majeure events

13. Termination: Grounds and procedures for contract termination

14. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration

15. Governing Law: Confirmation of Dutch law application and jurisdiction

Optional Sections

1. Performance Security: Requirements for bank guarantees or performance bonds, used for larger projects

2. Environmental Requirements: Specific environmental obligations, included when project has significant environmental impact

3. Intellectual Property Rights: IP provisions when design elements involve significant intellectual property

4. Commissioning: Detailed commissioning procedures for projects with complex operational requirements

5. Interface Management: Procedures for managing interfaces with other contractors, used in complex projects

6. Value Engineering: Provisions for cost optimization and improvement proposals

7. Defects Liability Period: Extended warranty provisions beyond standard requirements

8. Step-in Rights: Employer's right to take over work in specific circumstances, used in critical projects

9. Building Information Modeling: BIM requirements and protocols when BIM is used in the project

Suggested Schedules

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 - Time Schedule: Detailed program of works including key dates and milestones

4. Schedule 4 - Payment Schedule: Breakdown of contract price and payment milestones

5. Schedule 5 - Design Submittal Schedule: List of design deliverables and submission timeline

6. Schedule 6 - Testing and Commissioning: Detailed testing and commissioning requirements

7. Schedule 7 - Forms of Bonds and Guarantees: Templates for required security documents

8. Schedule 8 - Insurance Requirements: Detailed insurance requirements and coverage levels

9. Schedule 9 - Health, Safety and Environment: HSE requirements and procedures

10. Schedule 10 - Quality Assurance Plan: Quality management requirements and procedures

11. Appendix A - Drawings: Initial design drawings and specifications

12. Appendix B - Permits and Licenses: List of required permits and responsibilities

13. Appendix C - Key Personnel: List of key personnel from both parties

Authors

Alex Denne

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

Relevant legal definitions


































































Clauses



































Relevant Industries

Construction

Infrastructure

Real Estate Development

Industrial Construction

Commercial Buildings

Healthcare Facilities

Educational Facilities

Transportation

Energy

Water Management

Public Works

Residential Development

Relevant Teams

Legal

Commercial

Construction

Design

Procurement

Risk Management

Quality Assurance

Project Management

Contract Administration

Technical Services

Development

Planning

Health Safety and Environment

Relevant Roles

Project Manager

Construction Manager

Contract Manager

Legal Counsel

Commercial Manager

Design Manager

Site Manager

Procurement Manager

Risk Manager

Quality Assurance Manager

Technical Director

Development Director

Chief Engineer

Architect

Quantity Surveyor

Cost Controller

Planning Engineer

HSE Manager

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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