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Design Build Finance Contract Template for Netherlands

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Key Requirements PROMPT example:

Design Build Finance Contract

"I need a Design Build Finance Contract under Dutch law for a public hospital development project in Amsterdam, with construction starting March 2025, including specific provisions for medical facility requirements and phased completion milestones."

Document background
The Design Build Finance Contract template is specifically structured for use in the Netherlands legal environment, serving as a comprehensive framework for projects where design, construction, and financing responsibilities are consolidated with a single contractor. This contract type is particularly suitable for large-scale infrastructure, building, or development projects where the client seeks to transfer significant project delivery risk to the private sector while ensuring integrated project delivery. The document incorporates key requirements from Dutch construction law, financial regulations, and procurement legislation, making it suitable for both public and private sector projects. It addresses critical aspects including design liability, construction methodology, quality standards, payment mechanisms, and financing arrangements, while ensuring compliance with Dutch regulatory requirements and industry standards. The contract includes provisions for risk allocation, performance security, and dispute resolution tailored to the Dutch legal system.
Suggested Sections

1. Parties: Identification of the contracting parties including the employer and the contractor

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

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Scope of Work: Overall scope including design, construction and financing obligations

5. Contract Documents: Hierarchy and list of contract documents

6. Design Obligations: Contractor's design responsibilities, approval processes, and standards

7. Construction Obligations: Construction requirements, methodologies, and standards

8. Financial Terms: Financing structure, payment mechanisms, and financial obligations

9. Time for Completion: Project schedule, milestones, and completion dates

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

11. Defects Liability: Defects notification period and remediation obligations

12. Changes and Variations: Procedures for handling changes to scope or requirements

13. Risk and Insurance: Risk allocation and required insurance coverage

14. Force Majeure: Force majeure events and consequences

15. Termination: Termination rights and procedures

16. Dispute Resolution: Dispute resolution procedures and governing law

17. General Provisions: Miscellaneous legal provisions

Optional Sections

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

2. Environmental Requirements: Needed for projects with significant environmental impact

3. Social Requirements: Include when project has significant community impact or social obligations

4. Archaeological Findings: Required for projects in historically significant areas

5. Technology and IP Rights: Include when project involves significant technological elements or IP

6. Operation and Maintenance: Required if contractor has post-completion O&M obligations

7. Step-in Rights: Include when lenders require step-in rights or for critical infrastructure projects

8. Refinancing: Include when refinancing provisions are relevant to the project

Suggested Schedules

1. Technical Specifications: Detailed technical requirements and performance specifications

2. Design Requirements: Detailed design criteria and standards

3. Payment Schedule: Detailed payment terms, milestones, and mechanisms

4. Project Program: Detailed project timeline and milestones

5. Site Information: Site details, conditions, and access requirements

6. Required Insurance: Detailed insurance requirements and minimum coverage

7. Forms of Certificates: Templates for various certificates required under the contract

8. Performance Security Forms: Forms of performance bonds and guarantees

9. Environmental Management Plan: Environmental management requirements and procedures

10. Quality Management Plan: Quality assurance and control requirements

11. Testing and Commissioning Procedures: Detailed testing and acceptance procedures

12. Financial Model: Detailed financial projections and assumptions

13. Permits and Approvals: List of required permits and responsible 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

Infrastructure

Construction

Real Estate Development

Transportation

Healthcare Facilities

Educational Facilities

Energy

Water and Utilities

Industrial Development

Public Works

Commercial Development

Relevant Teams

Legal

Finance

Construction

Design

Commercial

Risk Management

Procurement

Project Management

Technical Services

Operations

Business Development

Compliance

Investment

Relevant Roles

Project Director

Contract Manager

Legal Counsel

Finance Director

Construction Manager

Design Manager

Risk Manager

Commercial Manager

Project Engineer

Procurement Manager

Technical Director

Business Development Manager

Investment Manager

Operations Director

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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