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Design Build Contract
"I need a Design Build Contract for a new commercial office building project in Auckland, with a project value of NZD 25 million and construction completion required by June 2025, including specific provisions for green building certification and BIM implementation."
1. Parties: Identifies and provides details of the Principal/Owner and the Design-Builder
2. Background: Sets out the context of the agreement and the Principal's intention to engage the Design-Builder
3. Definitions and Interpretation: Defines key terms used throughout the contract and establishes interpretation principles
4. Contract Documents: Lists and hierarchically orders all documents forming part of the contract
5. Design-Builder's Obligations: Details core responsibilities including design development, construction works, and completion obligations
6. Principal's Obligations: Outlines the Principal's responsibilities including site access, information provision, and payment obligations
7. Time and Progress: Addresses project timeline, milestones, completion dates, and extension of time provisions
8. Variations: Procedures for changes to design or construction work, including pricing and approval processes
9. Payment: Details payment terms, progress payments, retention, and final payment provisions
10. Design Development: Processes for design submission, review, and approval
11. Quality Assurance: Requirements for quality management, testing, and inspection
12. Defects Liability: Provisions for identifying and rectifying defects during and after completion
13. Insurance and Indemnity: Required insurance coverage and indemnification obligations
14. Default and Termination: Circumstances and procedures for contract termination and consequences
15. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration
16. General Provisions: Standard contract clauses including notices, assignment, and governing law
1. Early Works: Used when design-builder needs to commence certain works before full design completion
2. Value Management: Include for large projects requiring cost optimization processes
3. Building Information Modeling (BIM): Required when BIM is to be used in design and construction
4. Environmental Requirements: Include when project has specific environmental obligations or certifications
5. Stakeholder Management: For projects with significant community or stakeholder involvement
6. Independent Certifier: Used when independent certification of work or progress is required
7. Intellectual Property Rights: Include when specific IP arrangements are needed for design elements
8. Novation: Include when existing consultants are to be novated to the Design-Builder
1. Schedule 1 - Contract Particulars: Key project details, parties' representatives, dates, and amounts
2. Schedule 2 - Owner's Project Requirements: Detailed description of project scope and requirements
3. Schedule 3 - Design Documents: Initial design documents and requirements for design development
4. Schedule 4 - Site Information: Site details, conditions, and access arrangements
5. Schedule 5 - Program: Project timeline, milestones, and completion dates
6. Schedule 6 - Payment Schedule: Payment breakdown, milestones, and claim procedures
7. Schedule 7 - Insurance Requirements: Detailed insurance obligations and minimum coverage
8. Schedule 8 - Forms of Security: Templates for bank guarantees and other security forms
9. Schedule 9 - Quality Management Plan: Quality assurance requirements and procedures
10. Schedule 10 - Subcontractor Requirements: Requirements for engagement and management of subcontractors
11. Appendix A - Special Conditions: Project-specific amendments to standard conditions
12. Appendix B - Technical Specifications: Detailed technical requirements and standards
13. Appendix C - Drawing Register: List of all drawings and revisions
Authors
Construction
Infrastructure
Commercial Property
Industrial
Residential Development
Healthcare
Education
Retail
Hospitality
Government
Transportation
Legal
Construction
Design
Commercial
Procurement
Project Management
Risk and Compliance
Operations
Finance
Business Development
Technical Services
Project Director
Construction Manager
Design Manager
Contract Administrator
Commercial Manager
Project Manager
Chief Executive Officer
Legal Counsel
Risk Manager
Procurement Manager
Development Manager
Technical Director
Operations Director
Financial Controller
Quantity Surveyor
Principal Architect
Engineering Manager
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