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Design Build Lump Sum Contract
"I need a Design Build Lump Sum Contract for a commercial data center project in Amsterdam, with construction starting March 2025, focusing on sustainable design requirements and strict completion deadlines due to client commitments."
1. Parties: Identification and details of the Employer and the Design-Build Contractor
2. Background: Context of the agreement and brief project overview
3. Definitions and Interpretation: Definitions of key terms and rules of interpretation
4. Contractor's Obligations: Core obligations including design, construction, testing, and completion responsibilities
5. Employer's Obligations: Key responsibilities of the Employer including site access, permits, and approvals
6. Contract Price and Payment: Lump sum amount, payment schedule, and payment conditions
7. Design Responsibility: Scope of design services, standards, and approval processes
8. Time for Completion: Project schedule, milestones, and completion dates
9. Variations: Procedures for changes to works and their impact on price and time
10. Quality and Testing: Quality standards, inspection procedures, and testing requirements
11. Defects Liability: Defects notification period and remediation obligations
12. Risk and Insurance: Risk allocation and required insurance coverage
13. Force Majeure: Definition and consequences of force majeure events
14. Suspension and Termination: Rights and procedures for suspension and termination
15. Dispute Resolution: Dispute resolution procedures including arbitration/litigation
16. Governing Law: Confirmation of Dutch law as governing law and jurisdiction
1. Interface Management: Required when multiple contractors or stakeholders are involved in the project
2. Environmental Requirements: Needed for projects with significant environmental impact or specific sustainability goals
3. Intellectual Property Rights: Important when design includes innovative or proprietary elements
4. Performance Guarantees: Required when specific performance metrics must be achieved
5. Security Provisions: Include when bank guarantees or performance bonds are required
6. Building Information Modeling (BIM): Necessary when BIM is required for the project
7. Commissioning and Handover: Detailed requirements for complex facilities requiring specific commissioning procedures
8. Training and Documentation: Required for projects where operator training and detailed documentation are needed
1. Schedule 1 - Employer's Requirements: Detailed technical and functional requirements for the works
2. Schedule 2 - Site Information: Site details, surveys, and existing conditions
3. Schedule 3 - Design Documents: Initial design documents and design development requirements
4. Schedule 4 - Time Schedule: Detailed program of works including key milestones
5. Schedule 5 - Payment Schedule: Breakdown of lump sum price and payment milestones
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 including completion certificates
8. Schedule 8 - Forms of Securities: Forms of bank guarantees or bonds required
9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and minimum coverage
10. Schedule 10 - Quality Assurance Plan: Quality management system and procedures
11. Schedule 11 - Health, Safety and Environment: HSE requirements and procedures
12. Schedule 12 - Permits and Licenses: List of required permits and responsible parties
Authors
Commercial Construction
Industrial Construction
Infrastructure Development
Residential Development
Energy and Utilities
Healthcare Facilities
Educational Facilities
Transportation
Manufacturing Facilities
Data Centers
Renewable Energy
Water and Wastewater
Legal
Commercial
Procurement
Engineering
Design
Construction
Project Controls
Risk Management
Quality Assurance
Health Safety Environment
Contract Administration
Business Development
Project Director
Contract Manager
Commercial Manager
Design Manager
Construction Manager
Legal Counsel
Procurement Manager
Cost Controller
Risk Manager
Technical Director
Chief Engineer
Quantity Surveyor
Project Controls Manager
Quality Assurance Manager
HSE Manager
Claims Manager
Business Development Manager
Bid Manager
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