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Design Build Maintain Contract
"I need a Design Build Maintain Contract under Dutch law for a new municipal waste treatment facility, with a 20-year maintenance period, incorporating specific environmental performance standards and public procurement requirements, planned to commence in March 2025."
1. Parties: Identification of the contracting parties, including their legal status and registered addresses
2. Background: Context of the agreement, project overview, and purpose of the contract
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the contract
4. Contract Documents: Hierarchy and list of documents forming the complete agreement
5. Contractor's General Obligations: Overall responsibilities of the contractor across design, build and maintain phases
6. Employer's General Obligations: Overall responsibilities and obligations of the employer
7. Design Obligations: Specific requirements and standards for the design phase, including approvals process
8. Construction Obligations: Requirements and standards for the construction phase, including methodology and quality control
9. Maintenance Services: Scope and standards for maintenance services, including performance requirements
10. Time and Programme: Project timeline, milestones, and completion dates for each phase
11. Price and Payment: Contract price, payment terms, and mechanisms for each phase
12. Changes and Variations: Procedures for handling changes to scope, design, or requirements
13. Quality Assurance: Quality standards, testing, and inspection requirements
14. Risk and Insurance: Risk allocation and required insurance coverage
15. Liability and Indemnities: Allocation of liabilities and indemnification obligations
16. Force Majeure: Definition and consequences of force majeure events
17. Termination: Grounds and procedures for contract termination
18. Dispute Resolution: Procedures for resolving disputes
19. Governing Law: Confirmation of Dutch law as governing law and jurisdiction
1. Interface Management: Required when multiple contractors or stakeholders are involved, defining coordination requirements
2. Environmental Requirements: Include when project has specific environmental obligations or sustainability targets
3. Innovation and Intellectual Property: Required when significant IP rights are involved or innovation is a key project component
4. Stakeholder Management: Include for projects with significant public or third-party stakeholder involvement
5. Financing Arrangements: Required when project involves specific financing structures or requirements
6. Training and Knowledge Transfer: Include when client staff need training for maintenance phase
7. Early Warning Procedures: For complex projects requiring formal risk notification processes
8. Step-in Rights: Include for critical infrastructure or public service projects
9. Energy Performance: Required when specific energy efficiency targets are part of the project
10. Building Information Modeling: Include when BIM is required for design and/or maintenance
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 - Pricing Schedule: Detailed breakdown of prices for each phase
4. Schedule 4 - Payment Schedule: Payment milestones and mechanisms
5. Schedule 5 - Programme: Detailed project timeline and milestones
6. Schedule 6 - Design Submission Procedure: Process for design submissions and approvals
7. Schedule 7 - Quality Management Plan: Quality assurance and control procedures
8. Schedule 8 - Testing and Commissioning: Requirements and procedures for testing and commissioning
9. Schedule 9 - Maintenance Requirements: Detailed maintenance scope and performance standards
10. Schedule 10 - Handback Requirements: Condition requirements at contract end
11. Schedule 11 - Forms of Bonds and Guarantees: Required forms for performance security
12. Schedule 12 - Insurance Requirements: Detailed insurance requirements and coverage levels
13. Schedule 13 - Key Personnel: List of key personnel and their roles
14. Schedule 14 - Permits and Approvals: List of required permits and responsible parties
Authors
Infrastructure
Commercial Construction
Public Buildings
Healthcare Facilities
Educational Facilities
Transport Infrastructure
Water Management
Industrial Facilities
Energy Infrastructure
Social Housing
Legal
Commercial
Design
Construction
Operations
Maintenance
Procurement
Project Controls
Quality Assurance
Risk Management
Technical Services
Contract Administration
Health and Safety
Finance
Planning
Project Director
Contract Manager
Construction Manager
Design Manager
Facility Manager
Technical Director
Legal Counsel
Commercial Manager
Risk Manager
Quality Assurance Manager
Procurement Manager
Operations Director
Maintenance Manager
Cost Controller
Planning Manager
Technical Advisor
Chief Engineer
Architect
Project Controls Manager
Health and Safety Manager
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