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Design And Construct Contract
"I need a Design and Construct Contract for a sustainable commercial office building in Auckland, New Zealand, with specific provisions for Green Star certification and BIM implementation, targeted for construction commencement in March 2025."
1. Parties: Identifies and provides details of the principal and contractor
2. Background: Sets out the context of the agreement and project overview
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the contract
4. Contract Formation and Documents: Lists contract documents and their order of precedence
5. Design Obligations: Details contractor's design responsibilities, standards, and approval processes
6. Construction Obligations: Specifies construction requirements, standards, and methodologies
7. Time and Progress: Covers program requirements, completion dates, and delay provisions
8. Variations: Procedures for changes to design or construction scope
9. Payment: Payment terms, valuation methods, and payment claim procedures
10. Quality Assurance: Quality management requirements and inspection procedures
11. Defects: Defects liability period and rectification procedures
12. Insurance and Indemnities: Required insurances and indemnification obligations
13. Security: Performance security requirements and release conditions
14. Suspension and Termination: Rights and procedures for suspension and termination
15. Dispute Resolution: Process for resolving disputes between parties
16. General Provisions: Standard contract clauses including notices, governing law, and assignment
1. Early Works: Used when design or construction work needs to commence before full contract execution
2. Novation: Include when existing design consultants are to be novated to the contractor
3. Building Information Modelling: Required for projects utilizing BIM processes
4. Environmental Requirements: For projects with significant environmental considerations or requirements
5. Indigenous Participation: Include for projects with MÄori participation requirements or cultural considerations
6. Interface Management: For projects involving multiple contractors or adjacent works
7. Value Engineering: When specific provisions for cost optimization are required
8. Commissioning and Handover: For complex projects requiring detailed commissioning procedures
1. Schedule 1 - Contract Particulars: Key project details, dates, amounts, and contact information
2. Schedule 2 - Scope of Works: Detailed description of design and construction scope
3. Schedule 3 - Principal's Project Requirements: Detailed technical and functional requirements
4. Schedule 4 - Design Documents: Initial design documents and development requirements
5. Schedule 5 - Site Information: Site conditions, access, and related information
6. Schedule 6 - Program Requirements: Detailed timing and sequencing requirements
7. Schedule 7 - Payment Schedule: Payment breakdown, milestones, and rates
8. Schedule 8 - Forms of Security: Required forms for bank guarantees and other security
9. Schedule 9 - Insurance Requirements: Detailed insurance requirements and minimum coverage
10. Schedule 10 - Quality Management Requirements: Quality systems and testing requirements
11. Appendix A - Site Plans and Drawings: Site layout, boundaries, and relevant drawings
12. Appendix B - Authority Requirements: Relevant permits, consents, and authority conditions
Authors
Commercial Construction
Residential Development
Infrastructure
Industrial Construction
Healthcare Facilities
Education Facilities
Retail Development
Hospitality
Sports and Recreation
Transportation
Energy and Utilities
Mining and Resources
Legal
Commercial
Procurement
Project Management
Construction
Design
Risk and Compliance
Operations
Finance
Technical Services
Contract Administration
Quality Assurance
Project Manager
Construction Manager
Contract Administrator
Quantity Surveyor
Project Director
Commercial Manager
Design Manager
Site Manager
Legal Counsel
Risk Manager
Procurement Manager
Chief Executive Officer
Operations Director
Technical Director
Architect
Structural Engineer
Building Services Engineer
Cost Manager
Claims Manager
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